WILLIAM DONALD SCHAEFER, Governor

Ch. 3

clarify the scope of this item and to conform to
similar provisions elsewhere in this article.

Also in item (1) of this section, the reference to a
"permit" is substituted for the former reference to an
"informational statement", since an informational
statement is not issued by the Board but, rather, is
included in the application submitted to the Board to
obtain or renew a permit.

Also in item (1) of this section, the former reference
to "misrepresentation" is deleted as unnecessary in
light of the broad references to fraud or deceit.

In the introductory language of item (3) of this
section, the specific references to a plea of guilty
or probation before judgment are added to resolve
inconsistencies that existed in former Art. 56, §
473(a)(3). Under that former provision, an individual
who pleaded nolo contendere or was convicted with
respect to certain crimes was subject to discipline by
the Board. However, an individual who pleaded guilty
with respect to the same crimes was not subject to
discipline unless the individual also was convicted.
Similarly, an individual who received probation before
judgment after a plea of nolo contendere was subject
to discipline by the Board while the same disposition
after a plea of either not guilty or guilty with
respect to the same crimes precluded disciplinary
action. These additions expand the disciplinary power
of the Board and, therefore, are called to the
attention of the General Assembly.

In item (3)(ii) of this section, the former phrases
"in any court of competent jurisdiction" are deleted
as surplusage.

In item (3) of this section, the reference to an
"unauthorized" person is substituted for the former
reference to a person "not licensed as required by
this subtitle" since only individuals are licensed
under this subtitle but other persons may practice
architecture under a permit.

As to the code of ethics to which item (6) of this
section refers, see § 3-205 of this title.

The Business Occupations Article Review Committee
notes, for consideration by the General Assembly, that
the addition of 2 consumer members to the Board in
1974 significantly changed the effect of the vote
requirement for taking disciplinary action under this
section. As originally formed, the Board consisted of

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