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Session Laws, 1981
Volume 741, Page 101   View pdf image
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HARRY HUGHES, Governor

101

BE A GRADUATE OF A SCHOOL OF CHIROPRACTIC DIFFERENT FROM
THAT ATTENDED BY ANY REMAINING MEMBERS OF THE BOARD.

REVISOR'S NOTE: This section is new language derived

without substantive change from Art. 43, §

499(b) — except for item (5) of that subsection

and from Art. 43, § 500 and the second

sentence of § 511.

In subsection (a)(3) and (4) of this section, as
to the substitution of the phrase "with the
advice of the Secretary" for "on the
recommendation of the Secretary", see the General
Revisor's Note to this article.

Subsection (e) of this section is standard
language added to this and, where necessary,
corresponding sections of other titles of this
article to state the duty of an individual
appointed to any office of profit or trust to
take the oath specified in Art. I, § 9 of the
State Constitution.

In subsection (a)(3) of this section, new
language is added to clarify that an incumbent
member may decline renomination and to fill a gap
in the law.

In subsection (b) of this section, new language
is added to state explicitly what presently is
only implied in the law — i.e., that each
chiropractor member of the Board must be a
"licensed" chiropractor.

Subsection (f)(2) of this section is standard
language added to provide for staggered terms for
the membership and to reflect the practice of the
Board. Chapter 702, Acts of 1980 deleted the
stagger provisions for the initial appointees to
the Board and left the law silent as to the
present staggering of terms. The Commission to
Revise the Annotated Code has relied on the past
and current practice of the Governor and the
Board as to the terms for its members and,
therefore, retained the staggered term provision.

Subsection (f)(3) of this section is standard
language added to this and, where necessary,
corresponding sections of other titles of this
article to provide for gaps in membership by
indicating that a member serves until a successor
takes office. This provision is supported by the
cases of Benson v. Mellor, 152 Md. 481 (1927) and
Grooms v. LaVale Zoning Board, 27 Md. App. 266
(1975).

 

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Session Laws, 1981
Volume 741, Page 101   View pdf image
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