HARRY HUGHES, Governor

823

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 54K(c)(2) and the fifth sentence of (1).

Subsection (a) of this section is rephrased in
standard language used to state affirmatively
that a person must hold a permit to operate a
medical test unit in this State. See also §
17-412 of this subtitle.

Although former Article 43, § 54K(c)(2) was
stated as an exception to this entire subtitle,
it is rephrased as an exception to the permit
requirement, since this permit provision is the
only substantive requirement in this subtitle
from which a person needs exemption.

Defined terms: "Department" § 1-101
"Medical test unit" § 17-401
"Permit" § 17-401 "Secretary" § 1-101
"Person" § 1-101

17-405. QUALIFICATIONS OF APPLICANTS.

TO QUALIFY FOR A PERMIT, AN APPLICANT SHALL MEET THE
REQUIREMENTS THAT THE SECRETARY ADOPTS UNDER THIS SUBTITLE.

REVISOR'S NOTE: This section is new language derived
without substantive change from the second clause
of the second sentence of former Article 43, §
54K(c)(l) and from former Article 43, § 54K(d),
as that subsection allowed denial of a permit for
failure "to comply ... with the provisions of any
rules or regulations regularly adopted by the
Secretary".

The phrase "requirements that the Secretary
adopts under this subtitle" is used to indicate
that applicants and permit holders must comply
not only with the standards and qualifications
set by rule or regulation under § 17-402(a) of
this subtitle, but other rules and regulations of
the Secretary. In revising this section,
however, the broad reference to rules and
regulations is limited to rules and regulations
adopted under this subtitle.

Defined terms: "Permit" § 17-401
"Secretary" § 1-101

17-406. APPLICATIONS FOR PERMITS.

(A) IN GENERAL.

AN APPLICANT FOR A PERMIT SHALL SUBMIT AN APPLICATION