Ch. 3

LAWS OF MARYLAND

The introductory phrases of subsections (a) and (b) of
this section, "[i]n addition to any [powers or duties]
set forth elsewhere", are added to clarify that the
enumerated powers and duties are not exhaustive.

In subsection (a)(1) of this section, the reference to
"bylaws" reflects that throughout the Health
Occupations Article and this article, the power to
adopt regulations for the conduct of the proceedings
of a board is expressed in terms of adoption of
bylaws.

Also in subsection (a) of this section, the former
limitation "not inconsistent with the Constitution and
laws of this State" is deleted as surplusage.

In subsection (b)(4) of this section, the words "or
before" are added to clarify that the report need not
be presented "on" September 30.

In subsection (c)(3) of this section, the reference to
the "action of the Board on the application" is
substituted for the former requirement to show
"whether or not the application was rejected" and
"whether or not a license of registration was
granted", for brevity.

Subsection (d)(2) of this section is revised to allow
the Board to "provide" the list to each licensee and
the Secretary of State, rather than require the list
to "be mailed", since there seemed to be no intent to
limit the manner in which the list is forwarded.

The second sentence of former Art. 56, § 308, which
provided that records of the Board are prima facie
evidence and that certified copies are admissible in
evidence, is deleted as unnecessary in light of the
provisions on admissibility in CJ § 10-204.

The Business Occupations Article Review Committee
notes, for consideration by the General Assembly, that
most of the titles of this article include a provision
that indicates that the licensing boards exercise
their powers, duties, and functions subject to the
authority of the Secretary. See, e.g., § 2-210 of
this article. This title does not contain a
comparable provision.

As to the powers of the Secretary over any unit within
the Department, see Art. 41, §§ 8-104 and 8-105 of the
Code.

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