WILLIAM DONALD SCHAEFER, Governor                       Ch. 3

(A)  COMMENCEMENT.

SUBJECT TO THE PROVISIONS OF THIS SECTION, THE BOARD SHALL
COMMENCE PROCEEDINGS UNDER § 7-309 OF THIS SUBTITLE ON 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 BE:

(I)  IN WRITING; AND

(II)  SUBMITTED TO THE SECRETARY OF THE BOARD.

(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 § 7-309 OF THIS SUBTITLE, THE
BOARD SHALL ACT ON THE COMPLAINT AS PROVIDED UNDER § 7-311 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 the third and fourth
sentences and, except as it related to the time for a
hearing, the fifth sentence of former Art. 56, § 317.

In subsection (a) of this section, the express
reference to a complaint "by a member of the Board" is
added to clarify that the former reference to "any
person" included the Board itself.

In subsection (b)(2) of this section, the phrase
"other than a member of the Board" is standard
language added to clarify that a member of the Board
who makes a complaint need not make it under oath.

Also in subsection (b)(2) of this section, the
requirement that a complaint be "made under oath" is
substituted for the former requirement that a
complaint be "sworn". See § 1-202 of this article.

In subsection (c) of this section, the word "adequate"
is added to clarify that a complaint may not be based
on charges that former Art. 56, § 317 referred to as
"trivial or unfounded".

Also in subsection (c) of this section, the reference
to "grounds for action under § 7-309 of this subtitle"

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