WILLIAM DONALD SCHAEFER, Governor                        Ch. 3

term has begun, e.g. , when, at the completion of a term, there is
a delay in the appointment of a successor, but the member who
served the prior term does not "hold over".

The "Examinations" sections of this article include a
standard subsection captioned "Right to Examination". The
subsection provides expressly that an applicant who otherwise
qualifies for a license is entitled to an opportunity to meet the
final requirement for licensing -- i.e., the opportunity to take
the required examination. Stated from the other perspective, the
subsection simply states that a governmental unit may not deny
arbitrarily an otherwise qualified applicant an opportunity to
take the license examination. This is a requirement of the
former law that becomes clearer within the context of the revised
form used in the "Examinations" sections of this article. In any
event, this provision reflects the requirements of the due
process clause under the 14th Amendment of the U.S. Constitution.
See Schware v. Board of Bar Examiners, 353 U.S. 232 (1957); see,
also, Willner v. Committee on Character and Fitness, 373 U.S. 96
(1963), and Douglas v. Noble, 261 U.S. 165 (1923).

SECTION 2. AND BE IT FURTHER ENACTED, That Sections 275,
310, and 514(c) of Article 56 - Licenses of the Annotated Code of
Maryland be repealed and reenacted, with amendments, and
transferred to the Session Laws, to read as follows:

[275.] 1.

(a)  In the case of applications for licensure to practice
landscape architecture which are made within six months after
July 1, 1971, the STATE Board OF EXAMINERS OF LANDSCAPE
ARCHITECTS shall waive the examination requirements and accept in
lieu thereof satisfactory evidence that the applicant is
professionally competent to practice landscape architecture,
provided the applicant shall have at least four years experience
in the practice of landscape architecture prior to submitting the
application.

(b)  The Board may also exempt from examination an applicant
who holds a license or certificate to practice landscape
architecture issued to him upon examination by a legally
constituted board of examiners of any other state or political
subdivision thereof, provided that such requirements of the state
in which the applicant is registered are equivalent to those of
this State.

[310.] 2.

(A) [The following] AN APPLICANT FOR A LICENSE TO PRACTICE
FORESTRY shall be considered [as] TO HAVE MET THE minimum
[evidence satisfactory to the Board that the applicant is
qualified for registration as a registered professional]

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