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587
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MARVIN MANDEL, Governor
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of the work done", particularly as contrasted
with "profits or fixed fees"? If all of the
latter are to be refunded, how can the former
be paid and retained? Is item (2) intended to
require refunding of all profits and fixed
fees, as presently worded, or only those that
exceed the "earned value of the work done"?
Should not the terms "profits" and "fixed
fees" be listed in the conjunctive rather than
the disjunctive? Clarifying legislation sight
be appropriate,
231DD. PENALTIES.
ANY PERSON WHO VIOLATES ANY PROVISION OF THIS
SUBTITLE IS GUILTY OF A FELONY AND ON CONVICTION IS
SUBJECT TO A FINE NOT EXCEEDING $20,000 OR IMPRISONMENT
NOT EXCEEDING 10 YEARS OR BOTH.
REVISOR'S NOTE: This section is new language derived
from Art. 41, §231w(c).
This section is revised to reflect the
apparent scope of the present law, tut it
appears to be unduly broad in its application.
Certainly, it was designed to cover violations
of §231AA on contingent fees. However, as
worded, it literally would cover all the
provisions of this subtitle, including those
for which it obviously was never intended
{cf., e.g., §231R). Clarifying legislation
would be appropriate.
231EE. SHORT TITLES.
(A) THIS SUBTITLE MAY BE CITED AS THE MARYLAND
PROCUREMENT OF ARCHITECTURAL AND ENGINEERING SERVICES
ACT--GENERAL USING AUTHORITIES.
(B) THIS SUBTITLE AND THE MARYLAND PROCUREMENT OF
ARCHITECTURAL AND ENGINEERING SERVICES
ACT--TRANSPORTATION AGENCIES MAY BE CITED JOINTLY AS THE
MARYLAND ARCHITECTURAL AND ENGINEERING SERVICES ACT.
REVISOR'S NOTE: Subsection (a) of this section is
new language designed to facilitate citations
to this subtitle alone, as distinguished from
the provisions in Title 2, Subtitle 3 of the
Transportation Article on transportation
agencies. Subsection (b) is new language
designed to permit a simple citation to both
subtitles, jointly.
As to the division of the present Act, see
General Revisor's note to this subtitle.
GENERAL REVISOR'S NOTE:
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