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Session Laws, 1989
Volume 771, Page 83   View pdf image
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WILLIAM DONALD SCHAEFER, Governor

Ch. 3

(1975). See the General Revisor's Note to this
article, for a discussion of the circumstances when
these additions would apply.

Subsection (h) 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)(1) and (2)(ii) of this section,
respectively, the references to a total Board
membership of 7 members and to 2 consumer members are
substituted for the former references to "six"
members, including "one member from the public at
large". These substitutions reflect that, in
accordance with the provisions now codified as Art.
41, § 8-102(c) of the Code, the Governor chose, in
1974, to add a consumer member. The position is
considered to be a permanent addition to the Board
membership.

In subsection (b) of this section, the former
requirement that six members be "competent" is deleted
as a vague standard, which is not susceptible to
objective application and, therefore, does not have
any practical effect.

In subsection (c) of this section, the phrases "in
private practice as a primary vocation" are
substituted for the former phrases "in the independent
practice of architecture", for clarity.

Also in subsection (c) of this section, the former
requirement that each architect member be of
"recognized standing" is deleted as unnecessary in
light of subsection (c)(2) of this section.

The third and fourth clauses of the second sentence of
former Art. 56, § 465(b), which provided that a
vacancy at the end of a term be filled by "the
Governor, with the advice of the Secretary", are
deleted as unnecessary in light of subsection (a)(3)
of this section and as misleading in light of the
requirement that the Senate, when in session, confirm
an appointment made during a recess. Similarly, in
subsection (g)(4) of this section, the former
reference to filling a vacancy "by appointment by the
Governor with the advice of the Secretary" is deleted.

Defined terms: "Architect" § 3-101
"Board" § 3-101 "Consumer member" § 1-101

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Session Laws, 1989
Volume 771, Page 83   View pdf image
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