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Session Laws, 1989
Volume 771, Page 697   View pdf image
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WILLIAM DONALD SCHAEFER, Governor

Ch. 3

(IV) THE SIGNATURES OF THE CHAIRMAN AND
SECRETARY OF THE BOARD, UNDER SEAL OF. THE BOARD.

(F) RIGHTS ON FAILURE OF EXAMINATION.

IF AN INDIVIDUAL TAKES AND FAILS A FUNDAMENTALS OF LAND
SURVEYING EXAMINATION UNDER THIS SECTION, THE INDIVIDUAL SHALL
HAVE THE SAME RIGHTS REGARDING NOTICE, REVIEW PROCEDURES, AND
REEXAMINATION PROVIDED TO AN APPLICANT UNDER §§ 15-308 AND 15-309
OF THIS SUBTITLE.

REVISOR'S NOTE: This section is new language substituted
for former Art. 56, § 330(e), § 336(d), the second and
third sentences of § 337(a), § 335(c) and, as they
related to land surveyor-in-training, (a) and (f) and
the fourth sentence of § 338(a).

On analysis, the Business Occupations Article Review
Committee found that the substantive effect of all of
these former provisions merely was to authorize an
individual who meets certain qualifications to take 1
of the 2 required land surveying examinations (the
fundamentals of land surveying examination) at an
earlier time than would otherwise be allowed. The
Committee also found that the former provisions were
unnecessarily complicated and awkward. In particular,
the Committee found that their inadvertent emphasis on
the individual who passed the examination tended to
lead the reader to the erroneous impression that, if
an individual were registered as a land
surveyor-in-training, the individual was licensed to
practice at least some aspect of land surveying, even
without the supervision otherwise required for an
unlicensed individual under § 15-303 of this subtitle.
The emphasis of the substituted language is on the
right to take the examination early and the procedures
that relate to that right. To the casual reader, the
extreme changes in organization and language may
appear to effect changes in substance. The
substituted language does not, however; it merely
achieves the same substantive purpose with more
simplicity and clarity.

In subsection (c)(1)(ii) of this section, the former
reference to a fee that includes "the cost of
examination and issuance of the certificate" is
deleted as unnecessary since the former law did not
include any authority to charge a separate fee for
either the examination or the issuance of a
certificate.

Defined terms: "Board" § 15-101

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Session Laws, 1989
Volume 771, Page 697   View pdf image
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