Ch. 647

LAWS OF MARYLAND

COMMITTEE COMMENT: Subsection (a) of this section is
standard language substituted for the requirement, in
the twelfth sentence of former Art. 56, § 449(a), that
"[u]pon application" the Board examine "each and every
person who shall desire to work at the plumbing
business". The substituted language states expressly
that an applicant must otherwise qualify and, if so,
the applicant is entitled to an opportunity to meet
the final requirement for licensing — i.e., to take
the required examination. Stated from the other
perspective, the subsection simply states that the.
Board may not arbitrarily deny an otherwise qualified
applicant an opportunity to take the license
examination. This subsection reflects the
requirements of the due process clause under the 14th
Amendment of the U.S. Constitution. See Douglas v.
Noble, 261 U.S. 165 (1923); Schware v. Board of Bar
Examiners, 353 U.S. 232 (1957); and Willner v.
Committee on Character and Fitness, 373 U.S. 96
(1963).

Subsection (b) of this section is new language derived
from the twelfth sentence of former Art. 56, § 449(a),
except for the phrase "touching his competency and
qualification".

Subsection (c) of this section is standard language
added to conform to Board practice and to similar
provisions in present Art. 56 that govern examination
for licensing by other business occupation boards.
This subsection provides an element of fundamental
fairness by requiring the Board to give qualified
applicants notice before the administration of
examinations.

Subsection (d)(1) of this section is standard language
substituted for the thirteenth sentence of former Art.
56, § 449(a), which required "written or oral answers
to appropriate questions" and allowed "an actual
demonstration relating to the applicant's knowledge
contemplated to be performed under the license for
which he has made application".

Subsection (d)(2) of this section is new language
derived from the reference, in the twelfth sentence of
former Art. 56, § 449(a), to an examination "touching
his competency and qualifications".

Subsection (e) of this section is new language derived
from the second sentence of former Art. 56, § 450.

- 4342 -