Ch. 3                                           LAWS OF MARYLAND

(5)  THE APPLICANT OR LICENSEE IS GUILTY OF GROSS
NEGLIGENCE, INCOMPETENCE, OR MISCONDUCT WHILE PRACTICING LAND
SURVEYING OR PROPERTY LINE SURVEYING;

(6)  THE APPLICANT OR LICENSEE KNOWINGLY VIOLATES ANY
PROVISION OF THE CODE OF ETHICS ADOPTED BY THE BOARD; OR

(7)  THE APPLICANT OR LICENSEE KNOWINGLY VIOLATES ANY
PROVISION OF THIS TITLE.

REVISOR'S NOTE: Items (1) and (3) through (7) of this
section are new language derived without substantive
change from former Art. 56, § 341(a) and (e).

Item (2) of this section and the reference to
"attempts" in item (1) of this section are new
language added to conform to almost all of the
occupational licensing acts adopted by the General
Assembly in the past several years. See, e.g., the
comparable sections on disciplinary actions in the
various titles of the Health Occupations Article. The
General Assembly expressly decided that the language
of these items was to be included in each of those
sections as a fundamental ground for disciplining an
applicant or licensee.

In the introductory language of this section, express
reference to the members "then serving" is added to
clarify the proportion of the Board at a given time.

Also in the introductory language of this section, the
power to "deny a license" is a standard provision
added to state expressly that which only was implied
in the former law -- i.e., the Board may deny a
license to an applicant who violates a disciplinary
provision under this section.

Also in the introductory language of this section, the
former power to "refuse to renew" a license is deleted
as needless and misleading. Under SG § 10-404, if a
licensee makes timely application for renewal, the
license does not expire until the Board has acted on
the application and the time for appeal has run.
Under both SG § 10-405 and § 15-320 of this subtitle,
ordinarily the Board must give the licensee an
opportunity for a hearing before taking disciplinary
action under this section. If the Board finds grounds
for disciplinary action, it may suspend or revoke the
license, and there is no need for a power to refuse
renewal.

In item (3) of this section, the references to
probation before judgment and to pleading guilty are

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