HARRY HUGHES, Governor

1075

inconsistent language. Some of the former provisions
referred to the appointments being made "with the advice of
the Secretary", while others used the language "upon the
recommendation of the Secretary". After thorough
consultation with the Governor's office, the Department of
Health and Mental Hygiene, and the Attorney General's
office, the Commission found that, in practice, the
Secretary's input is considered to be advisory in either
case. Since the word "advice" more clearly indicates the
advisory nature of this input, the Commission chose to use
the phrase "with the advice of the Secretary" uniformly
throughout this article. This approach also seems to
reflect the legislative intent behind the former provisions.
Cf. Ingard v. Barker, 27 Idaho 124, 147 P. 293 (1915)
(statute requiring governor to consider "recommendations" of
a specified association in making appointments to state
board of horticultural inspectors held not to bind governor
to appoint a "recommended" individual).

In. the "Membership" sections of this article, there is
a subsection captioned "Tenure; vacancies". A standard
paragraph included in each of those subsections provides
that a "member who is appointed after a term has begun
serves only for the rest of the term and until a successor
is appointed and qualifies". That paragraph applies: (1)
When a successor is appointed to replace a member who has
died, resigned, or failed for any other reason to complete
a term; (2) When a member is appointed to succeed a member
who has "held over" to part of the next term, pending the
delayed appointment and qualification of the successor; or
(3) When, in any other situation, a member takes office
after a term has begun, e.g., when, at the completion of a
term, there is a delay in the appointment of a successor,
but the member who served the prior term does not "hold
over".

Licensing and certification:

It is a precept of the Commission to Revise the
Annotated Code to revise the law in a clear, straightforward
manner, and, once something is said, to say it the same way
every time it is said. To that end, in revising this
article, the Commission has conformed the language and
organization of this article to that of the Health
Occupations Article and other revised articles, to the
extent that the former law allowed. This is particularly
true as to provisions in this article that relate to
licensing and certification.

Throughout this article, the terms "license" and
"licensed" are used to denote an authorization, e.g., to
operate a particular facility that a person who is not
licensed may not operate. Also throughout this article, the
terms "certification" and "certified" are used to indicate
an official recognition of a person as a qualified