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Session Laws, 1989
Volume 771, Page 679   View pdf image
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WILLIAM DONALD SCHAEFER, Governor

Ch. 3

Subsection (c) of this section is new language derived
without substantive change from former Art. 56, §
335(k).

Defined terms: "Board" § 15-101
"License" § 15-101 "Permit" § 15-101
"Person" § 1-101

15-208. MISCELLANEOUS DUTIES.

IN ADDITION TO ANY DUTIES SET FORTH ELSEWHERE, THE BOARD
SHALL:

(1)  ADOPT A SEAL;

(2)  DETERMINE A TYPE OF MARKER, MONUMENT, STAKE, OR
OTHER LANDMARK THAT A LICENSEE SHALL USE IN PRACTICING LAND
SURVEYING AND PRACTICING PROPERTY LINE SURVEYING; AND

(3)  KEEP A RECORD OF ITS PROCEEDINGS.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 56, §
333(d) and the first clause of (c) and the first
sentence of § 334(b).

The introductory phrase of this section, "[i]n
addition to any duties set forth elsewhere", is added
to clarify that the enumerated duties are not
exhaustive.

The second sentence of former Art. 56, § 334(b), which
provided that records of the Board are prima facie
evidence and that certified copies are admissible in
evidence, is deleted as unnecessary in light of the
provisions on admissibility in CJ § 10-204.

The Business Occupations Article Review Committee
notes, for consideration by the General Assembly, that
this title does not grant the Board general rulemaking
power. This omission is significant because the vast
majority of regulatory boards that exercise
responsibilities similar to those of this Board have
express authority to adopt regulations to carry out
their respective laws. It is particularly noteworthy
that, before 1977, professional engineers and
professional land surveyors were regulated by a
single board that had a general rulemaking authority.
When the General Assembly created a separate board for
professional land surveyors under Ch. 763, Acts of
1977, the general rulemaking power was retained in
the law for professional engineers but was,

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Session Laws, 1989
Volume 771, Page 679   View pdf image
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