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Session Laws, 1981
Volume 741, Page 522   View pdf image
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522

LAWS OF MARYLAND

Ch.8

(G) REMOVAL.

THE GOVERNOR MAY REMOVE A MEMBER FOR INCOMPETENCE OR
MISCONDUCT.

REVISOR'S NOTE: This section is new language derived
without substantive change from the last clause
of Art. 43, § 606(a)(1) and from Art. 43, §
606(a)(3), (4)(i) through (iv), and (5) through
(8).

In subsection (a)(3) and (4) 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.

Also in subsection (a)(3) and     (4) of this

section, the present reference to    the Governor

filling vacancies on the Board    is deleted as
unnecessary.

Subsection (e) 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 (f) of this section, the present
phrase relating to appointing members to the
Board as terms expire "other than by abolition of
positions" is deleted as obsolete.

Subsection (f)(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 (f)(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 this subsection
applies, see the General Revisor's Note to this
article.

Subsection (g) of this section is new language
derived without substantive change from Art. II,

 

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Session Laws, 1981
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