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Session Laws, 1982
Volume 742, Page 935   View pdf image
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HARRY HUGHES, Governor

935

(II)  2 IN 1984;

(III)  3 IN 1985;

(IV)   1 IN 1986; AND

(V)   4 IN 1987.

(3)  AT THE END OF A TERM, A MEMBER CONTINUES TO
SERVE UNTIL A SUCCESSOR IS APPOINTED AND QUALIFIES.

(4)  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.

REVISOR'S NOTE: Subsections (a), (b), and (c)(1) of
this section are new language derived without
substantive change from the first and second
clauses of the first sentence, the second through
the sixth sentences, and the first, second, and
third clauses of the seventh sentence of former
Article 43, § 564.

Subsection (c)(2) of this section is standard
language added to reflect the continuing
staggered terms created by Ch. 210, Acts of 1945.
The specific provisions for the stagger, in Ch.
210, Acts of 1945, were deleted when additions to
the membership of the Board were made. However,
the members continue to serve staggered terms,
although, the terms served in practice vary from
those set by law. In practice, the terms end as
follows: (1) 1 in 1983; (2) 1 in 1984; (3) 4 in
1985; (4) 1 in 1986; and (5) 4 in 1987.

Subsection (c)(3) of this section is standard
language added to provide for gaps in membership
by indicating that a member serves until a
successor takes office. This is supported by the
cases of Benson v. Miller, 152 Md. 481 (1927) and
Grooms v. La Vale Zoning Board, 27 Md. App. 266
(1975).

Subsection (c)(4) of this section is also 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 (c)(4) of
this section applies, see the General Revisor's
Note to this article.

In subsection (a)(2)(iv) of this section,
reference to the "Health Facilities Association
of Maryland" is substituted for the obsolete name

 

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Session Laws, 1982
Volume 742, Page 935   View pdf image
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