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Session Laws, 1989
Volume 771, Page 201   View pdf image
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WILLIAM DONALD SCHAEFER, Governor

Ch. 3

(E) OFFICE.

THE BOARD SHALL HAVE ITS PRINCIPAL OFFICE IN BALTIMORE CITY.

REVISOR'S NOTE: Subsection (a) of this section is new
language substituted for the first clause of former
Art. 56, § 497, which provided for investigations,
hearings, and examinations to be held "by or before
the majority of the members of the Board or its
secretary", to cover all of the possible actions of
the Board. The substituted language also reflects
that the staff of the Board is provided through the
Department and, thus, the former reference to "its
secretary" was obsolete.

In light of this substitution, the second clause of
former Art. 56, § 497, which provided for findings and
orders to be "concurred in by the majority of the
members of the Board", is deleted, since the former
clause seemingly was predicated on a total Board
membership of 3 -- as specified in former Art. 56, §
489 -- rather than the current Board membership of 5.
See the revisor's note to § 5-202 of this subtitle.
Furthermore, as the former clause related to
ratification of the findings or orders of "the
representative" -- i.e., the secretary of the Board --
the clause also was obsolete. The Business
Occupations Article Review Committee calls this
deletion to the attention of the General Assembly.

Subsection (b) of this section is new language derived
without substantive change from the fourth sentence of
former Art. 56, § 490.

Subsection (c) of this section is new language derived
without substantive change from the first and fourth
sentences of former Art. 56, § 492.

Subsection (d) of this section is standard language
added for clarity. This addition is based on the
reference to "office help" in the third sentence of
former Art. 56, § 492 and the power to employ
"inspectors and examiners" in the fifth sentence of
former § 492.

Subsection (e) of this section is new language derived
without substantive change from the second clause of
the fourth sentence of former Art. 56, § 498(a).

In subsection (b) of this section, the phrase "at the
times and places that the Board determines" is
standard language substituted for the former phrase

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Session Laws, 1989
Volume 771, Page 201   View pdf image
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