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Session Laws, 1981
Volume 741, Page 226   View pdf image
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226

LAWS OF MARYLAND

Ch.8

WHILE A MEMBER OF THE BOARD, A CONSUMER MEMBER MAY NOT
HAVE A FINANCIAL INTEREST IN A PERSON REGULATED BY THE
BOARD.

(E)  OATH.

BEFORE TAKING OFFICE, EACH MEMBER OF THE BOARD SHALL
TAKE THE OATH REQUIRED BY ARTICLE I, § 9 OF THE STATE
CONSTITUTION.

(F)  TENURE; VACANCIES.

(1)  THE TERM OF AN APPOINTED MEMBER IS 4 YEARS,
EXCEPT THAT THE INITIAL TERM OF ONE OF THE CONSUMER MEMBERS
IS 3 YEARS.

(2)  THE TERMS OF APPOINTED MEMBERS ARE STAGGERED
AS REQUIRED BY THE TERMS PROVIDED FOR MEMBERS OF THE BOARD
ON JULY 1, 1981.

(3)  AT THE END OF A TERM, AN APPOINTED MEMBER
CONTINUES TO SERVE UNTIL A SUCCESSOR IS APPOINTED AND
QUALIFIES.

(4)  A MEMBER WHO IS APPOINTED AFTER A TERM HAS
BEGUN SERVES ONLY FOR THE REST OF THE TERM AND UNTIL A
SUCCESSOR IS APPOINTED AND QUALIFIES.

(G)  REMOVAL.

THE GOVERNOR MAY REMOVE AN APPOINTED MEMBER FOR
INCOMPETENCE OR MISCONDUCT.

REVISOR'S NOTE: This section is new language derived in
part from the first phrase of Art. 43, § 339 and
from Art. 43, § 340(b) — except for item (v) of
that subsection — (c), (d), (e), and (f).

Subsection (e) of this section is new language
added to clarify that the oath required is the
oath contained in Art. I, § 9 of the State
Constitution. Present Art. 43, § 341, which
requires certification of an additional oath, is
deleted as unconstitutional. Art. 37 of the
Maryland Declaration of Rights prohibits the
legislature from requiring any other oath than
the oath required by the Constitution. See
Davidson v. Brice, 91 Md. 681 (1900).

Subsection (f)(4) of this section is added as
standard language. It follows from the existence
of staggered terms. An inherent aspect of
staggered terms is that they must begin and end
at set intervals. For circumstances under which
this subsection applies, see the General
Revisor's Note to this article.

 

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Session Laws, 1981
Volume 741, Page 226   View pdf image
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