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Session Laws, 1981
Volume 741, Page 616   View pdf image
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616

LAWS OF MARYLAND

Ch.8

REVISOR'S NOTE: This section is new language derived
without substantive change from Art. 43, §
482(a) — except the first sentence of that
subsection, which now appears as § 15-201 of this
subtitle, and item (5), which now appears in §
15-304 of this title — and from Art. 43, §
482(b), (c), (d)(2), and (e).

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.

In subsection (a)(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.

Subsection (g)(2) of this section is new language
added for clarity and to conform to corresponding
provisions in other titles of this article. The
terms of the podiatrist members serving on July
1, 1981, expire as follows: (1) one member in
1981; (2) one member in 1982; and (3) three
members in 1983.

For circumstances under which subsection (g)(4)
of this section applies, see the General
Revisor's Note to this article.

In subsection (h)(1) of this section, the phrase
"upon the recommendation of the Secretary" is
deleted as misleading. Although the present law
seems to imply that the Governor may remove a
Board member only on the recommendation of the
Secretary, Art. II, § 15 of the State
Constitution makes it clear that the power of the
Governor is not so limited.

In subsection (h)(2) of this section, the
provision in present Art. 43, § 482(d)(2) that a
member of the Board who is absent from two
successive meetings without adequate reason
"shall cease to be a member" is revised to state
that, in such a case, the Governor shall remove
the member. This revision provides expressly for
a mechanism that presently is only implied in the
law. See also Art. 41, § 4 of the Code, which
provides for the removal of a member of a board
or commission appointed by the Governor for
failure to attend at least 50 percent of its
meetings during any 12-month period. For other

 

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Session Laws, 1981
Volume 741, Page 616   View pdf image
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