WITH THE APPROVAL OF THE GOVERNOR, THE SECRETARY SHALL DESIGNATE A
CHAIRPERSON OF THE COMMISSION FROM AMONG ITS MEMBERS.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 41, § 4-502(b), (c), and (d).

In subsection (d)(2) of this section, the reference to serving until a

successor is "appointed" and qualifies is added to state expressly that
which was only implied in the former law.

In subsection (d)(3) of this section, the reference to serving "until a
successor is appointed and qualifies" is standard language added to avoid
gaps in membership by indicating that a member serves until a successor
takes office. This addition is supported by the holdings in Benson v. Mellor,
152 Md. 481 (1927) and Grooms v. La Vale Zoning Board, 27 Md. App. 266
(1975).

In subsection (f)(3) of this section, the reference to a "proceeding" is
substituted for the former reference to a "case" to clarify that a hearing
examiner is not forever barred from sitting as a commissioner in a case in
which the hearing examiner previously participated as a hearing
examiner. The Correctional Services Article Review Committee assumed
that a hearing examiner is prohibited from sitting as a commissioner in a
proceeding before the Commission involving a review of that particular
hearing examiner's decision to grant or deny parole to an inmate but is not
prohibited from sitting as a commissioner in a proceeding before the
Commission involving a review of another hearing examiner's subsequent
decision to grant or deny parole to the same inmate. If the General
Assembly intended that subsection (f)(3) be interpreted in a different way,
it should be amended to clearly reflect that intent.

Also in subsection (f)(3) of this section, the prohibition against a hearing
examiner participating in a proceeding "before the Commission" is added
to state expressly that which was only implied in the former law. A hearing
examiner who sits as a commissioner is prohibited from participating in a
proceeding "before the Commission" in which the hearing examiner
participated as a hearing examiner. However, the hearing examiner is not
prohibited from handling matters relating to the inmate's case after
resuming duties as a hearing examiner.

Defined terms: "Commission" § 7-101
"Commissioner" § 7-101
"Secretary" § 1-101

7-203. COMPENSATION AND REIMBURSEMENT FOR EXPENSES.
(A) IN GENERAL.

EACH COMMISSIONER IS ENTITLED TO: