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Session Laws, 1981
Volume 741, Page 584   View pdf image
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584

LAWS OF MARYLAND

Ch.8

subsection -- and the last paragraph of (b) and
from Art. 43, § 130(c) and (e).

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.

In subsection (a)(2)(iii) 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.

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 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 subsection (f)(4) of
this section applies, see the General Revisor's
Note to this article.

The first clause of the second sentence of
present Art. 43, § 130(a) is deleted in light of
the definition of "Commission" in § 14-101 of
this title.

As to subsection (f) of this section, the present
reference to the terms of the initial members is
deleted as obsolete. The continuing stagger
created under that provision is covered now under
subsection (f)(2) of this section.

The General Assembly may wish to note that,
although present Art. 43, § 130(c) requires an
equal stagger for the practitioner members, the
two ex officio members do not serve 3-year terms.

14-403. QUORUM; MEETINGS; COMPENSATION; OFFICE.

(A) QUORUM.

A MAJORITY OF THE FULL AUTHORIZED MEMBERSHIP OF THE
COMMISSION IS A QUORUM TO DO ALL BUSINESS.

 

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Session Laws, 1981
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