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LAWS OF MARYLAND

Ch.8

For the duty of the Board to adopt and enforce
standards for applicants and licenses see § 8-205
of this title.

The second clause of present Art. 43, § 771,
which requires payment of a fee, now appears in §
8-303 of this subtitle.

The requirement in present Art. 43, § 771 that an
applicant be "a citizen of the United States or
has duly declared his intention of becoming a
citizen of the United States" is deleted as
unconstitutional because it creates a "suspect
classification" that does not withstand the
"close judicial scrutiny" required for most state
occupational licensing under the Equal Protection
Clause of the 14th Amendment of the United States
Constitution. See Examining Board of Engineers,
Architects, and Surveyors v. Flores De Otero, 426
U.S. 572 (1976); and In re Griffiths, 413 U.S.
717 (1973). The attention of the General
Assembly is called to this deletion.

8-303. APPLICATIONS FOR LICENSES.

TO APPLY FOR A LICENSE, AN APPLICANT SHALL:

(1)  SUBMIT AN APPLICATION TO THE BOARD ON THE
FORM THAT THE BOARD REQUIRES; AND

(2)  PAY TO THE BOARD THE APPLICATION FEE SET BY
THE BOARD.

REVISOR'S NOTE: Item (1) of this section is standard
language added to this and, where necessary,
corresponding sections of other titles of this
article. It states expressly a provision that
presently is only implied in the law; i.e., that
applications may be made only on the form
required by the Board.

Item (2) of this section is new language derived
without substantive change from the reference to
paying a fee in Art. 43, § 771.

8-304. APPLICATION FILES.

(A)  BOARD TO KEEP FILES.

THE BOARD SHALL KEEP A FILE OF EACH LICENSING
APPLICATION MADE UNDER THIS SUBTITLE.

(B)  CONTENTS.

THE FILE SHALL CONTAIN: