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Session Laws, 1988
Volume 770, Page 4333   View pdf image
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WILLIAM DONALD SCHAEFER, Governor Ch. 647

whether the alleged conduct is a violation of this

title.

Subsections (a)(2), (b), and (c)(1), (2)(i), and (3)
of this section are new language derived from former
Art. 56, § 453(g) and (h).

Subsection (c)(2)(ii) of this section is new language
added to make Md. Rule BB76 inapplicable to the extent
that it allows denial of an injunction if the adverse
party shows that there is property from which damages
can be made.

In the introductory language of subsection (a) of this
section, the powers to "conduct investigations into
and, subject to the State budget, ... [to] employ an
investigative staff" are substituted for the former
duty to "cause an investigation to be conducted",
whenever the Board received "a written complaint, or
on its own motion, or on referral by a county or
municipal corporation, or other unit of government",
to clarify that the Board determines whether an
investigation is necessary. Accordingly, the
substituted language clarifies that an investigation
must be based on a complaint that alleges a ground for
disciplinary action or a violation of the title and
not merely any complaint that may be made to the
Board.

In subsection (a)(2) of this section, the former
reference to "the performance of work at a plumbing
business when not qualified as required under this
subtitle" is deleted as surplusage.

In subsection (b)(1) of this section, the reference to
an "investigation made under this section" is
substituted for the former reference to an
"investigation from an appropriate county ... or other
unit of government", for clarity.

Also in subsection (b)(1) of this section, the
reference to any "action that is appropriate under
this title" is substituted for the former reference to
"any action permitted by law that may be necessary",
for clarity.

In subsection (c)(1) of this section, the reference to
an "ex parte, interlocutory, or final" injunction is
substituted for the former reference to a "temporary
or permanent" injunction, to conform to the
terminology used in the Maryland Rules. The
substituted language is broader than the former
reference to a "temporary or permanent" injunction, if

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Session Laws, 1988
Volume 770, Page 4333   View pdf image
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