Ch. 3

LAWS OF MARYLAND

(3) A MEMBER OF THE BOARD OR ITS STAFF 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. 56, §
466(j) and (k) and (g)(1) through (3) and the first
and second sentences of (4).

In subsection (a)(2) of this section, the phrase
"subject to the State budget" is substituted for the
former phrases "at the expense of the Board", for
clarity. Currently, all money the Board collects is
part of the General Fund of the State or the Licensing
Testing Fund of the Department, and all expenditures
by the Board are subject to the State budget.
Therefore, an investigator would be hired with money
from the General Fund as authorized by the State
budget.

In subsection (b)(1) of this section, the former word
"affirmations" is deleted as unnecessary in light of
the word "oaths". See Art. 1, § 9 of the Code.

In the introductory language of subsection (c)(1) of
this section, the word "evidence" is substituted for
the former enumeration "books, accounts, records,
papers and correspondence", for brevity and conformity
to subsection (b) of this section.

Also in the introductory language of subsection (c)(1)
of this section, the former reference to a "summons"
is deleted because the intended meaning is covered by
the word "subpoena". See Md. Rule 1-202(x).

Also in the introductory language of subsection (c)(1)
of this section, the former limitation of evidence
"relating to any matter which the Board is authorized
... to determine" is deleted as unnecessary in light
of the specific references to investigations,
disciplinary actions, and other proceedings under this
title.

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

In subsection (d)(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 proceeding.

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