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Session Laws, 1980
Volume 739, Page 428   View pdf image
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428

LAWS OF MARYLAND

Ch. 33

COMMISSIONERS MAY APPEAL IN ACCORDANCE WITH TITLE 8,
SUBTITLE 4 OF THIS ARTICLE AND CHAPTER 1100, SUBTITLE B OF
THE MARYLAND RULES.

(D) APPROVAL OR REFUSAL OF ARTICLES.

(1)   AFTER THE TIME FOR APPEAL OF THE ORDER
EXPIRES OR ON FINAL DETERMINATION OF ANY APPEAL TAKEN, THE
BOARD OF COMMISSIONERS SHALL ENDORSE AND DATE EACH COPY OF
THE ARTICLES "APPROVED" OR "REFUSED".

(2)   IF THE BOARD OF COMMISSIONERS APPROVES THE
ARTICLES, IT SHALL:

(I) RETURN ONE OF THE ENDORSED,---EXECUTED

COPIES OF THE ARTICLES TO THE CHAIRMAN OF THE INCORPORATORS;
AND

COPY COPIES.

(II) KEEP ONE OF THE ENDORSED, CONFORMED

(3) IF THE    BOARD OF COMMISSIONERS REFUSES THE

ARTICLES, THE BOARD SHALL RETURN ONE OF THE ENDORSED,

EXECUTED COPIES OF THE ARTICLES TO THE CHAIRMAN OF THE

INCORPORATORS WITH A      WRITTEN STATEMENT OF ITS REASONS FOR
REFUSAL.

REVISOR'S NOTE: This section presently appears as CA §§
6-208(d), (e), and (f), 6-209(a), and 6-210(a).

Action under this section is governed also by the
Administrative Procedure Act, which requires the
Board of Commissioners to give written findings
of fact with any order refusing an application.

In subsection (a) of this section, the word
"proposed" is added for clarity, and the word
"bylaws" is added as an accepted practice of the
Board of Commissioners. See § 9-205 of this
subtitle.

As to subsection (c) of this section, § 8-405 of
this article relies on Maryland Rule B4 as to the
time for filing an appeal. The reference in this
subsection to the Maryland Rules is added for
clarity.

In subsection (d) of this section, the phrase "or
on final determination of any appeal taken" is
added to make clear that the action of the Board
of Commissioners necessarily follows any appeal.

The only other changes are in style.

"Board of Commissioners" is defined in § 9—101 of
this title.

 

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Session Laws, 1980
Volume 739, Page 428   View pdf image
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