Ch. 3

LAWS OF MARYLAND

(II) STATE SPECIFICALLY THE FACTS ON WHICH THE
COMPLAINT IS BASED; AND

(III) BE SUBMITTED TO THE SECRETARY OF THE

BOARD.

(2) IF THE COMPLAINT IS MADE BY ANY PERSON OTHER THAN
A MEMBER OF THE BOARD, THE COMPLAINT SHALL BE MADE UNDER OATH BY
THE PERSON WHO SUBMITS THE COMPLAINT.

(C) HEARING; DISMISSAL.

IF THE BOARD FINDS THAT A COMPLAINT ALLEGES FACTS THAT ARE
ADEQUATE GROUNDS FOR ACTION UNDER § 14-317 OF THIS SUBTITLE, THE
BOARD SHALL ACT ON THE COMPLAINT AS PROVIDED UNDER § 14-319 OF
THIS SUBTITLE. IF THE BOARD DOES NOT MAKE THAT FINDING, IT SHALL
DISMISS THE COMPLAINT.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 75 1/2, §
17(b) and, as it related to the requirement that a
hearing be provided or that the charges be dismissed,
(c).

In subsection (a) of this section, the express
reference to a complaint "by a member" of the Board is
added to clarify that the former reference to "any
person, including an employee of the Board" included
the Board itself.

In subsection (b)(2) of this section, the phrase
"other than a member of the Board" is standard
language added to clarify that a member of the Board
who makes a complaint need not make it under oath.

Also in subsection (b)(2) of this section, the
requirement that a complaint be "made under oath" is
substituted for the former requirement that a
complaint be "sworn". See § 1-202 of this article.

In subsection (c) of this   section, the word "adequate"

is added to clarify that    the complaint may not be

based on charges that     former Art. 75 1/2, § 17(c)

referred to as "unfounded  or trivial".

Also in subsection (c) of this section, the reference
to "grounds for action under § 14-317 of this
subtitle" is substituted for the former list of
specific complaints. This substitution clarifies
that, in order for the Board to act on a complaint, it
must be based on a charge that is actionable under §
14-317 of this subtitle.

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