Marvin Mandel, Governor                         335

(3)  A commissioned surgeon of any of the Armed Forces of the
United States, the United States Public Health Service Hospitals or
the Veterans Administration while engaged in the performance of
duties incident to his commission.

(4)  A physician who resides in a neighboring jurisdiction who is
authorized under the laws of that jurisdiction to practice medicine
therein and whose practice extends into this State, provided the
physician does not open an office or have a regularly appointed place
to meet patients within this State and further provided that the
same privileges are extended to physicians from this State by the
neighboring jurisdiction.

187D.

(b) Burden of proof—No person shall be convicted of a violation
under subsections [(a), (b), or (c)] (1), (2), or (3) of Section 187B
of this subheading or subject to the penalties of subsection (a) of
this section if he establishes by a preponderance of the evidence with
respect to the violation: (1) that he made an inspection or examina-
tion or test, or received a written report certifying to the results
of an inspection or examination or test made, for the purpose of
disclosing the existence of the violation; and (2) that the inspection
or examination or test and the instrumentalities, personnel and
methods used in connection therewith would reasonably be expected
to disclose the existence of the violation; and (3) that the inspection
or examination or test, or the written report thereof, provided no
basis for a belief that the violation existed; and (4) that he did
not commit the violation purposely, knowingly, recklessly or negli-
gently. For purposes of this subsection (b), an inspection or exam-
ination or test by representative samples of a lot, delivery or other
mercantile quantity shall be deemed to be a method which would
reasonably be expected to disclose the existence of a violation with
respect to all articles included in the lot, delivery or other mercantile
quantity. No person shall be convicted of a violation under para-
graphs (4) through (15) (iii) or (16) and (17) of Section 187B
of this subheading or subject to the penalties of subsection (a)
of this section if he establishes by a preponderance of the evidence
that the violation was not committed purposely, knowingly, reck-
lessly, or negligently.

329.

The Governor, with the advice of the Secretary of Licensing and
Regulation shall appoint biennially seven persons, with the advice
and consent of the Senate, who shall constitute a board of commis-
sioners, which shall be known and designated as "The State Board
of Commissioners of Practical Plumbing" and shall be a part of the
Department of Licensing and Regulation. The Board of Commis-
sioners shall be selected as follows: Seven persons who are practical
and skilled plumbers, two of whom shall be from Baltimore City, one
from Southern Maryland, one from the Eastern Shore, one from the
area including Allegany, Washington, Garrett, Frederick, and Mont-
gomery counties and two from the area including Carroll, Baltimore
and Harford counties, whose duty it shall be to faithfully and im-
partially execute, or cause to be executed, all the provisions and re-
quirements of this subdivision of this article; upon application and at
such place or places in this State as they may determine, provided at