1076                                        LAWS OF MARYLAND                                    Ch. 21

practitioner and an accompanying grant of the exclusive
privilege or right to make certain representations. Thus, a
certified person may make certain representations that an
uncertified person may not make, but the certified person is
not authorized to provide any service that an uncertified
person may not provide. In a few places in this article,
the term "permit" is used to denote the authorization to
perform certain limited acts that are related to a
particular occupation and that a person without a permit may
not perform. None of these terms have any legal
significance in themselves, and the Commission easily could
have decided to use any of them in a different sense or to
use different terms. The real significance lies in the
substantive provisions in which these terms appear.
However, the Commission believes that, if the terms
consistently are used as indicated, the substantive
provisions become more easily understandable.

At various places throughout this article, the terms
"certificate" and "registered" also appear. "Certificate"
is used to signify a sheet of paper used for documentation
e.g., one that documents the grant of a license or
certification. "Certificate" is not used as a substitute
for "license", "certification", or "permit". "Registered"
is used only as a descriptive adjective and does not denote
any sort of grant of authority by this State.

Right of entry:

The Commission notes, for consideration by the General
Assembly, that this article contains several provisions that
authorize entry into premises to carry out duties imposed by
this article. The Commission notes that there are
constitutional issues with respect to nonconsensual,
warrantless searches of premises and issuance of
administrative search warrants.

The Fourth Amendment of the United States Constitution
and Article 26 of the State Declaration of Rights require
that, absent an emergency or lawful consent, a search
warrant is required for an administrative inspection of
private dwellings and, except for businesses that are
extensively regulated, for business premises. For closely
regulated businesses, the Supreme Court has held that a
warrantless search is reasonable for a business that has a
long history of regulation, as, e.g., the liquor business,
Colonnade Catering Corp. v. United States, 397 U.S. 72
(1970), and the firearms business, United States v. Biswell,
406 U.S. 311 (1972).

Most recently, in Donovan v. Dewey, ____ U.S. ____

(June 17, 1981), the Court permitted the warrantless
inspection of a stone quarry on the basis that the statutory
inspection program, in terms of the certainty and regularity
of its application, provided a constitutionally adequate