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Session Laws, 1981
Volume 741, Page 283   View pdf image
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HARRY HUGHES, Governor

283

(A)  ESTABLISHMENT OF FEES.

(1)  THE BOARD MAY SET REASONABLE FEES FOR THE
ISSUANCE AND RENEWAL OF LICENSES AND ITS OTHER SERVICES.

(2)  THE FEES CHARGED SHALL BE SET SO AS TO
PRODUCE FUNDS TO APPROXIMATE THE COST OF MAINTAINING THE
BOARD.

(B)  PUBLICATION OF FEES.

THE BOARD SHALL PUBLISH IN ITS RULES AND REGULATIONS
THE FEES THAT IT SETS.

(C)  DISPOSITION OF FUNDS.

THE BOARD SHALL PAY ALL FUNDS COLLECTED UNDER THIS
TITLE INTO THE GENERAL FUND OF THIS STATE.

REVISOR'S NOTE: This section is new language derived
without substantive change from Art. 43, §
294(a)(9) and the sixth sentence of (d).

Subsection (a) of this section is revised to
clarify the authority of the Board — under its
broad rulemaking powers --to set reasonable fees
for the services for which a fee is not set in
the present law. The incorporation of the power
of the Board to set fees that relate to a license
to practice midwifery reflects the broad general
power of the Board under § 7-205(1) of this
subtitle to adopt rules and regulations to carry
out the provisions of this title. Also, although
present Art. 43, § 294(a)(9) refers only to the
establishment of fees for "registration
{licenses}" and "renewal of licenses", it
should not be read to preclude the Board from
imposing fees in other appropriate instances.
See, e.g., the second sentences of present Art.
43, §§ 295(d) and 296(e), which refer to an
"additional fee" for each reexamination.

In subsection (a) of this section, "license" is
substituted for "registration" to clarify that
the authorization process in this title is a
process of licensing and licensing renewal.

As to subsection (c) of this section, the last
sentence of present Art. 43, § 294(d) — which
requires that disbursement of funds be in
accordance with Art. III, §§ 32 and 52 of the
State Constitution or Art. 15A, §§1 through 15
of the Code, which relate to disbursements from
the General Fund of this State — is deleted as
implicit in the requirement that the funds are
part of the General Fund of this State.

 

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Session Laws, 1981
Volume 741, Page 283   View pdf image
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