contextual factors in Maryland

2008Bar Ass’n v. Frank, 272 Md. 528, 533 , 325 A.2d 718 (1974); Ginnavan v. Silverstone, 246 Md. 500, 505 , 229 A.2d 124 (1967). *42 While the context of fewer and fewer statutes “indicate otherwise,” one of the contextual factors relied upon, “thought not controlling,” to hold the use of “shall” directory is when a statute provides no penalty for failure to act within a prescribed time.

2008Bar Ass’n v. Frank, 272 Md. 528, 533 , 325 A.2d 718 (1974); Ginnavan v. Silverstone, 246 Md. 500, 505 , 229 A.2d 124 (1967). *42 While the context of fewer and fewer statutes “indicate otherwise,” one of the contextual factors relied upon, “thought not controlling,” to hold the use of “shall” directory is when a statute provides no penalty for failure to act within a prescribed time.

2022In Pope, the Court explained that one of the contextual factors relied upon to (Continued) 17 sentencing judges with the discretion to impose consecutive sentences onto sentences of their choosing under CR § 3-210, it would have included a permissive term, such as “may,” see Uthus, 472 Md. at 395 , and there would have been no need to define the sentences in CR § 3-210(b) onto which a consecutive sentence must be tacked.

2011The trial court here did not suggest that, to acquit, the jury must possess an actual substantial doubt or a grave uncertainty; rather, the trial court stated clearly that Savoy was, by dint of legal entitlement, innocent at all times during the trial, and that the jury must acquit if the State's evidence does not address all those doubts that are reasonable or produce a certainty that, while not necessarily mathematical or absolute in nature, is personally and morally satisfying. ("[I]f you feel that the prosecution has failed to prove beyond a reasonable doubt and to a moral certainty all of

2011The trial court here did not suggest that, to acquit, the jury must possess an actual substantial doubt or a grave uncertainty; rather, the trial court stated clearly that Savoy was, by dint of legal entitlement, innocent at all times during the trial, and that the jury must acquit if the State's evidence does not address all those doubts that are reasonable or produce a certainty that, while not necessarily mathematical or absolute in nature, is personally and morally satisfying. ("[I]f you feel that the prosecution has failed to prove beyond a reasonable doubt and to a moral certainty all of

2008Bar Ass’n v. Frank, 272 Md. 528, 533 , 325 A.2d 718 (1974); Ginnavan v. Silverstone, 246 Md. 500, 505 , 229 A.2d 124 (1967). *42 While the context of fewer and fewer statutes “indicate otherwise,” one of the contextual factors relied upon, “thought not controlling,” to hold the use of “shall” directory is when a statute provides no penalty for failure to act within a prescribed time.

2008Bar Ass’n v. Frank, 272 Md. 528, 533 , 325 A.2d 718 (1974); Ginnavan v. Silverstone, 246 Md. 500, 505 , 229 A.2d 124 (1967). *42 While the context of fewer and fewer statutes “indicate otherwise,” one of the contextual factors relied upon, “thought not controlling,” to hold the use of “shall” directory is when a statute provides no penalty for failure to act within a prescribed time.

2007In Solomon v. Bd. of Physician Quality Assurance, 132 Md.App. 447, 456 , 752 A.2d 1217 , cert. denied, 360 Md. 275 , 757 A.2d 811 (2000), this Court held that the legislative history of the 18 month period in section 14 — 401(j)(l) indicates that this time frame is directory, not mandatory.

2007In Solomon v. Bd. of Physician Quality Assurance, 132 Md.App. 447, 456 , 752 A.2d 1217 , cert. denied, 360 Md. 275 , 757 A.2d 811 (2000), this Court held that the legislative history of the 18 month period in section 14 — 401(j)(l) indicates that this time frame is directory, not mandatory.

1996Since following the prescribed procedure may result in a licensed professional losing that license, they “should be strictly construed against the disciplinary agency.” McDonnell v. Commission on Medical Discipline, 301 Md. 426, 436 , 483 A.2d 76 (1984).

1996Since following the prescribed procedure may result in a licensed professional losing that license, they “should be strictly construed against the disciplinary agency.” McDonnell v. Commission on Medical Discipline, 301 Md. 426, 436 , 483 A.2d 76 (1984).