Ch. 3

LAWS OF MARYLAND

Subsections (c) and (d)(2) of this section are new
language that repeats the provisions of present Art.
41, § 8-102(d) and (e) and the second sentence of (c).

Subsection (d)(1) of this section is standard language
added as an inherent and essential corollary to
subsection (c)(4) of this section.

Subsection (f)(2) of this section is standard language
substituted for the second clause of the fourth
sentence of former Art. 56, § 277(a), which provided
for the terms of only the licensed landscape
architects on the Board and was incomplete. 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 1990; (2) 1 in 1991; and (3)
3 in 1992.

Subsection (f)(3) and the clause "until a successor is
appointed and qualifies" in subsection (f)(4) of this
section are standard language added to avoid gaps in
membership by indicating that a member serves until a
successor takes office. These additions are supported
by the cases of Benson v. Mellor, 152 Md. 481 (1927),
and Grooms v. LaVale Zoning Board, 27 Md. App. 266
(1975).

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 (b) of this section, the former
requirement that each landscape architect member be of
"recognized standing" is deleted as unnecessary.

In subsection (f)(4) of this section, the former
reference to filling a vacancy "by the Governor
appointing a successor" is deleted as unnecessary in
light of subsection (a)(3) of this section and as
misleading in light of the requirements that the
Secretary advise the Governor and that the Senate,
when in session, confirm an appointment made during a
recess.

The second through fourth clauses of the third
sentence of former Art. 56, § 277(a), which provided

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