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Session Laws, 1981
Volume 741, Page 327   View pdf image
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HARRY HUGHES, Governor

327

REVISOR'S NOTE: This section is new language derived
without substantive change from Art. 43, §
769(a) — except for the first clause of the
first sentence, the entire second sentence, and
item (3)(v) of the last sentence of that
subsection — and from Art. 43, § 769(b) and (c).

Subsection (f) 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.

As to subsection (a)(2)(i) of this section, the
present, limited exception as to the licensing of
"initial appointments" is deleted as obsolete.

In subsection (a)(3) of this section, "political
subdivision" is substituted for "local
governments" for clarity.

In subsection (b) 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 (g)(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).

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

As to subsection (h) of this section, for
additional provisions on removal, see: Art. II, §
15 of the State Constitution; Art. XV, § 2 of the
State Constitution, on suspension and removal for
crimes; and Art. 41, § 4 of the Code, on removal
for failure to attend meetings.

Also as to subsection (h) of this section, the
present reference to a Board member being removed

 

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Session Laws, 1981
Volume 741, Page 327   View pdf image
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