Ch. 3

LAWS OF MARYLAND

Defined terms: "Board" § 3-101

"License" § 3-101 "Permit" § 3-101

"Person" § 1-101 "Practice architecture" § 3-101

3-312. SAME -- COMMENCEMENT OF PROCEEDINGS.

(A)  IN GENERAL.

SUBJECT TO THE PROVISIONS OF THIS SECTION, THE BOARD SHALL
COMMENCE PROCEEDINGS UNDER § 3-311 OF THIS SUBTITLE ON A
COMPLAINT MADE TO THE BOARD BY A MEMBER OF THE BOARD OR ANY OTHER
PERSON.

(B)  FORM AND CONTENTS OF COMPLAINT.

(1)  A COMPLAINT SHALL:

(I)  BE IN WRITING; AND

(II)  STATE SPECIFICALLY THE FACTS ON WHICH THE
COMPLAINT IS BASED.

(2)  IF THE COMPLAINT IS MADE BY ANY PERSON OTHER THAN
A MEMBER OF THE BOARD, THE COMPLAINT SHALL BE MADE UNDER OATH BY
THE PERSON WHO SUBMITS THE COMPLAINT.

(C) HEARING; DISMISSAL.

IF THE BOARD FINDS THAT A COMPLAINT ALLEGES FACTS THAT ARE
ADEQUATE GROUNDS FOR ACTION UNDER § 3-311 OF THIS SUBTITLE, THE
BOARD SHALL ACT ON THE COMPLAINT AS PROVIDED UNDER § 3-313 OF
THIS SUBTITLE. IF THE BOARD DOES NOT MAKE THAT FINDING, IT SHALL
DISMISS THE COMPLAINT.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 56, §
473(b) and, as it related to the requirement that a
hearing be provided or that the charges be dismissed,
the first clause of (c).

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5 members and the vote requirement of 4 members
constituted greater than a majority of the membership.
Ch. 584, Acts of 1974, added 1 consumer member to the
Board while, in the same year, the Governor added a
second consumer member under the provisions now
codified as Art. 41, § 8-102(c) of the Code. However,
a corresponding change was not made to the vote
requirement. Since it does not seem that this
omission was deliberate, the General Assembly may wish
to consider reinstating the greater than majority
standard by raising the vote requirement to 5 members.