Ch. 3

LAWS OF MARYLAND

Subsection (e) of this section is standard language
added to state the requirement that an individual
appointed to any office of profit or trust take the
oath specified in Md. Constitution, Art. I, § 9.

Subsection (f)(2) of this section is standard language
substituted for the first sentence of former Art. 56,
§ 523(c), which provided for the terms of the first
members of the Board and was obsolete. This
substitution is not intended to alter the term of any

member of the Board. See § 7 of Ch. ___, Acts of

1989. Accordingly, in subsection (f)(1) of this
section, the specific reference to "July 1" is added.
The terms of the members serving on October 1, 1989,
end as follows: (1) 1 in 1991; (2) 1 in 1992; (3) 2
in 1993; and (4) 2 in 1994.

Subsection (f)(3) of this section is standard language
added to avoid gaps in membership by indicating that a
member serves until a successor takes office. This
addition is supported by the cases of Benson v.
Mellor, 152 Md. 481 (1927), and Grooms v. LaVale
Zoning Bd., 27 Md. App. 266 (1975).

Subsection (f)(4) of this section also is added as
standard language. It follows from the requirement
that there be staggered terms. An inherent aspect of
staggered terms is that they must begin and end at set
intervals. For circumstances under which subsection
(f)(4) of this section applies, see the General
Revisor's Note to this article.

Subsection (g) of this section is new language that
repeats the provisions of Md. Constitution, Art. II, §
15. For other provisions on removal, see Md.
Constitution, Art. XV, § 2, on suspension and removal
for crimes, and Art. 41, § 1-203 of the Code, on
removal for failure to attend meetings.

In subsection (a)(2)(i) of this section, the
requirement that 3 members be "licensed hearing aid
dealers" is substituted for the former requirement
that 3 members "possess the qualifications provided in
§ 513", which was intended to ensure that the first
members of the Board qualified to be licensed, and the
sixth sentence of former Art. 56, § 523(b). As first
enacted by Ch. 634, Acts of 1969, the sixth sentence
required "[a]ll persons appointed to the Board after
the date on which the Board first issues a certificate
of license, as provided in ... [then Art. 43, §
730(c)] shall be persons who hold valid certificates
of license" and, thus, seemingly required all 6

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