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Session Laws, 1989
Volume 771, Page 106   View pdf image
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Ch. 3

LAWS OF MARYLAND

(7)  THE APPLICANT OR LICENSEE KNOWINGLY VIOLATES ANY
PROVISION OF THIS TITLE; OR

(8)  THE APPLICANT OR LICENSEE AIDS OR ABETS AN
UNAUTHORIZED PERSON TO PRACTICE ARCHITECTURE.

REVISOR'S NOTE: The introductory clause of this section is
new language derived without substantive change from
former Art. 56, § 473(e) and the introductory clause
of (a) and, except as it related to issuance of a
license, the second clause of § 466(i).

Items (1) and (3) through (8) of this section are new
language derived without substantive change from
former Art. 56, § 473(a), except for the introductory
clause of that subsection.

Item (2) of this section and the reference to
"attempts" in item (1) of this section are new
language added to conform to almost all of the
occupational licensing acts adopted by the General
Assembly in the past several years. See, e.g., the
comparable sections on disciplinary actions in the
various titles of the Health Occupations Article. The
General Assembly expressly decided that the language
of these items was to be included in each of those
sections as a fundamental ground for disciplining an
applicant or licensee.

In the introductory language of this section, the
power to "deny a license to any applicant" is a
standard provision added to state expressly that which
only was implied in the former law -- i.e., the Board
may deny a license to an applicant who violates a
disciplinary provision under this section.

Also in the introductory language of this section, the
former power to "refuse to renew" a license is deleted
as needless and misleading. Under SG § 10-404, if a
licensee makes timely application for renewal, the
license does not expire until the Board has acted on
the application and the time for appeal has run.
Under both SG § 10-405 and § 3-313 of this subtitle,
ordinarily the Board must give a licensee an
opportunity for a hearing before taking disciplinary
action under this section. If the Board finds grounds
for disciplinary action, it may suspend or revoke the
license, and there is no need for a power to refuse
renewal.

In item (1) of this section, the phrases "for the
applicant or licensee or for another" are added to

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Session Laws, 1989
Volume 771, Page 106   View pdf image
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