LAWS OF MARYLAND

Ch. 284

Subsection (a) of this section is revised to apply
only "[i]n this section". Although former Art. 41, §
244(b) defined "business" for purposes of former Art.
41, §§ 244 through 256A, the word seemed to be used,
as defined, only in former Art. 41, §§ 245A and 255A,
since elsewhere in former Art. 41, §§ 244 through
256A, the word appeared only in the context of filing
requirements -- i.e., in reference to a party's
residence or place of business. For purposes of
former Art. 41, § 245A, the definition of "business"
in subsection (a) of this section is repeated in §
10-124 of this title.

In subsection (a) of this section, the phrase
"professional activity" is substituted for the former
phrase "professional entity or activity", to delete
the former, specific reference to an "entity", which
was unnecessary in light of the use of the word
"activity", and to clarify that "professional"
modifies "activity".

Subsection (b) of this section is revised to state, as
substantive limitations on the scope of this section,
former Art. 41, § 255A(a)(2) and (4), which defined
"[s]mall business" and "[a]gency". Similarly,
subsections (c) and (e)(1) and (2) of this section are
revised to restate, as substantive provisions, former
Art. 41, § 255A(a)(3), which defined "[r]easonable
litigation expenses". In light of these revisions,
former Art. 41, § 255A(a)(l), which was standard
introductory language to a definition provision, is
deleted as unnecessary.

Subsection (b)(1) of this section also is revised to
state affirmatively the agencies to which this section
applies, and the former phrase "created by general
law" is deleted as misleading. This revision and
deletion avoid the implication of former Art. 41, §
255A(a)(4) that this section applies to units created
by local law. This revision and deletion are
consistent with the intent of former Art. 41, §
255A(a)(4) to modify the definition of "agency" under
§ 10-201 of this subtitle, which includes an entity
that is created by general law but does not operate on
a Statewide basis.

In subsection (b)(2)(ii) of this section, the defined
term "including" is substituted for the former phrase
"shall be counted for the purpose of determining the
number of employees of the business", for brevity.

In subsections (d)(1) and (e)(1)(i) and the
introductory language of subsection (c) of this
section, the defined term "contested case" is