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Session Laws, 1989
Volume 771, Page 136   View pdf image
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Ch. 3

LAWS OF MARYLAND

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 56, §
440(c).

In subsection (a) of this section, the reference to "a
final decision ... in a contested case ..." is
substituted for the former reference to "any action or
determination" of the Board, since the inclusion of
former Art. 56, § 440(c) in the former section on
disciplinary actions suggested that the general
reference to "any action or determination" meant
disciplinary actions. But compare § 3-209 of this
article, which provides for appeals from "any final
action" of the State Board of Architects.

Also in subsection (a) of this section, the former
specific provisions for venue where the appellant
"resides" are deleted in deference to the broader
provisions under SG § 10-215(b), which provide for
venue where any party resides or has a principal place
of business.

In subsection (b) of this section, the former specific
right of appeal by "the party aggrieved" is deleted as
unnecessary.

Defined terms: "Board" § 4-101
"Person" § 1-101

4-209. AUTHORITY OF SECRETARY.

THE BOARD EXERCISES ITS POWERS, DUTIES, AND FUNCTIONS
SUBJECT TO THE AUTHORITY OF THE SECRETARY.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 56, §
428(d).

The former reference that narrowly limited the
Secretary's authority to the powers and duties of the
Board "vested ... by the provisions of this subtitle"
is deleted as misleading. Presumably, the powers and
duties of the Board wherever codified are to be
subject to the authority of the Secretary.

As to the authority of the Secretary, see, in
particular, Art. 41, §§ 8-101 through 8-106 of the
Code.

Defined terms: "Board" § 4-101
"Secretary" § 1-101

SUBTITLE 3. LICENSES.

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Session Laws, 1989
Volume 771, Page 136   View pdf image
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