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Session Laws, 1989
Volume 771, Page 624   View pdf image
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Ch. 3                                           LAWS OF MARYLAND

(2)  IN SEEKING AN INJUNCTION UNDER THIS SUBSECTION,
THE BOARD IS NOT REQUIRED TO:

(I)  POST BOND; OR

(II)  ALLEGE OR PROVE EITHER THAT:

1. AN ADEQUATE REMEDY AT LAW DOES NOT
EXIST; OR

2. SUBSTANTIAL OR IRREPARABLE DAMAGE
WOULD RESULT FROM THE CONTINUED VIOLATION OF THE PROVISION.

(3)  A MEMBER OF THE BOARD MAY NOT BE HELD PERSONALLY
LIABLE FOR ANY ACTION TAKEN UNDER THIS SUBSECTION.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 75 1/2, §
8(d), (e), and (f).

The introductory phrase of subsection (a) of this
section, "[s]ubject to the State budget" is added to
reflect that the State budget controls funding for an
investigative staff.

In the introductory language of subsection (b)(1) of
this section, the word "evidence" is substituted for
the former reference to "books, papers, documents or
other pertinent data", for brevity.

In subsection (c)(1) of this section, the former
phrases "in the established manner provided in cases
of civil procedure" are deleted as surplusage.

In subsection (c)(3) of this section, the phrases "for
any action taken under this subsection" are
substituted for the former phrase "under this
proceeding", to preclude the seemingly unintended
result of liability through separate proceedings.

The Business Occupations Article Review Committee
notes, for consideration by the General Assembly,
that, consistent with the former law, the exemption
under subsection (c)(3) of this section does not
include the "good faith" requirement customarily found
in comparable provisions in the Code.

Defined terms: "Board" § 14-101
"Person" § 1-101

14-207. CERTIFICATION ABOUT LICENSEE.

(A) REQUEST FOR CERTIFICATION.

- 624 -

 

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Session Laws, 1989
Volume 771, Page 624   View pdf image
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