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Session Laws, 1978
Volume 736, Page 53   View pdf image
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BLAIR LEE III, Acting Governor

53

(2)   MISCONDUCT IN OFFICE;

(3)   INCOMPETENCY; OR

(4)   WILLFUL NEGLECT OF DUTY.

(B)   NOTICE OF HEARING REQUIRED.

(1)   BEFORE REMOVING A MEMBER, THE GOVERNOR SHALL
SEND THE MEMBER A COPY OF THE CHARGES AGAINST HIM AND GIVE
HIM AN OPPORTUNITY WITHIN 10 DAYS TO REQUEST A HEARING.

(2)    IF THE MEMBER REQUESTS A HEARING WITHIN THE
10-DAY PERIOD:

(I)   THE GOVERNOR PROMPTLY SHALL HOLD A HEARING,
BUT A HEARING MAY NOT BE SET WITHIN 10 DAYS AFTER THE
GOVERNOR SENDS THE MEMBER A NOTICE OF THE HEARING; AND

(II)   THE MEMBER SHALL HAVE AN OPPORTUNITY TO BE
HEARD PUBLICLY BEFORE THE GOVERNOR IN HIS OWN DEFENSE, IN
PERSON OR BY COUNSEL.

(C)   RECORD OF REMOVAL TO BE FILED.

IF A MEMBER IS REMOVED, THE GOVERNOR SHALL FILE IN THE
OFFICE OF THE SECRETARY OF STATE:

(1)    A COMPLETE STATEMENT OF ALL CHARGES MADE
AGAINST THE MEMBER;

(2)   THE FINDINGS OF THE GOVERNOR AS TO THE
CHARGES; AND

(3)   A COMPLETE RECORD OF THE PROCEEDINGS.

REVISOR'S NOTE: This section presently appears as Art.
77, §3(d).

Subsection (b) of this section is rewritten for
clarity. Present Art. 77, §3 (d) does not specify
before whom the hearing is to be held; also, the
present notice requirements are vague and
incomplete. The revised language fills these
gaps in the existing law, while maintaining the
basic intent and substance of that law.

The only other changes are in style.

2-204. MEETINGS OF STATE BOARD; OFFICERS; COMPENSATION;
VOTING.

(A) MEETINGS.

(1) EACH YEAR, THE STATE BOARD SHALL HOLD:

(I) A MEETING IN JULY; AND

 

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Session Laws, 1978
Volume 736, Page 53   View pdf image
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