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420
LAWS OF MARYLAND
Ch.8
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 (h)(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 (h)(4) of this section also is added
as standard language. It follows from the
provision for 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.
Subsection (i) of this section is new language
derived without substantive change from Art. II,
§ 15 of the State Constitution. For other
provisions on removal, see: 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.
In subsections (b)(1) and (2) and (c) of this
section, as to the substitution of the phrase
"with the advice of the Secretary" for "upon the
recommendation of the Secretary ...", see the
General Revisor's Note to this article.
In subsections (b) and (d) of this section, the
reference to "practitioner" member is added to
describe a member who practices osteopathy.
In subsection (e) of this section, the term
doctor of osteopathy is substituted for the
misleading terms "osteopathic physician" and
"osteopathic physician-in-training" since the
term "physician" might suggest that the
individual is authorized to practice medicine
under Title 14 of this article when the
individual may not be so authorized.
11-203. OFFICERS.
(A) IN GENERAL.
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