|
Ch. 3
LAWS OF MARYLAND
(1) FRAUDULENTLY OR DECEPTIVELY OBTAINS OR ATTEMPTS
TO OBTAIN A LICENSE FOR THE APPLICANT OR LICENSEE OR FOR ANOTHER;
(2) FRAUDULENTLY OR DECEPTIVELY USES A LICENSE; OR
(3) IS GUILTY OF GROSS NEGLIGENCE, INCOMPETENCE, OR
MISCONDUCT IN PRACTICING FORESTRY.
REVISOR'S NOTE: The introductory language and item (3) of
this section are new language derived without
substantive change from the first and eighth sentences
of former Art. 56, § 317.
Items (1) and (2) of this section are new language
added to conform to almost all of the occupational
licensing acts adopted by the General Assembly in the
past several years. See, e.g., the comparable
sections on disciplinary actions in the various titles
of the Health Occupations Article. The General
Assembly expressly decided that the language of these
items was to be included in each of those sections as
a fundamental ground for disciplining a licensee.
In the introductory language of this section, express
reference to the "authorized members" is added to
clarify that the Board may exercise the disciplinary
powers authorized by this section only on the
affirmative vote of a majority of the members
authorized for the Board by law and, thus, is
prohibited from action by a majority of members
present or a majority of members then serving if that
number is less than a majority of the authorized
number.
Also in the introductory language of this section, the
power to "deny a license to any applicant" is standard
language added to state expressly that which only was
implied in the former law -- i.e., the Board may deny
a license to an applicant who violates a disciplinary
provision under this section.
Similarly, in the introductory language of this
section, the powers of the Board to reprimand a
licensee or to suspend a license are added to state
specifically powers that are inherent in the express
power to revoke a license.
Defined terms: "Board" § 7-101
"License" § 7-101 "Practice forestry" § 7-101
7-310. SAME -- COMMENCEMENT OF PROCEEDINGS.
- 352 -
|
