796 LAWS OF MARYLAND. [CH. 324

persons from an eligible list by the Employment Commis-
sioner.

SECTION 1. Be it enacted by the General Assembly of Mary-
land., That Section 12 of Article 64A of the Annotated Code
of Maryland (1939 Edition), title "Merit System", be and it
is hereby repealed and re-enacted, with amendments, to read
as follows:

12. (a) The Commissioner shall prepare a list of eligibles
consisting of the names of persons whose general average and
whose marks on any part of the examination exceed the mini-
mum set by the rules of the Commissioner and shall publicly
post such list in his office. Eligible lists shall continue in
force for one year from the date of posting and may be ex-
tended by the Commissioner by action taken before the expira-
tion of such year, and entered in the minutes, provided, how-
ever, that the Commissioner shall have power at any time,
after a public hearing and notice as prescribed by Section 11
of this Article, to cancel the whole or any part of any eligible
list by reason of illegality or fraud in connection therewith.
The Commissioner shall also have the power, in his discretion,
to remove the name of any person from an eligible list for
any wilful misrepresentation of a material matter made in
an application for examination to establish an eligible list.
A new eligible list for any class shall be combined with an
existing list as the Commissioner may by rules provide but
in such case any portion of such combined list shall be auto-
matically cancelled one year after being first posted unless
held in force as above provided. The markings and examina-
tion papers of each candidate shall be open to his inspection
upon application at the office of the Commissioner.

(b) If the Commissioner receives a requisition for the ap-
pointment of a person to a permanent position for which no
eligible list exists he shall forthwith call an examination and
he may if necessary to prevent the stoppage of public business,
and not otherwise, certify a qualified person for temporary
appointment, with or without examination, and such person
shall be appointed by the appointing authority, provided,
however, that such temporary appointment shall be pending
the establishment of an eligible list only.

SEC. 2. And l>e it further enacted, That this Act shall take
effect June 1, 1949.

Approved April 22, 1949.