(a) There is a Board of Boiler Rules in the Division of Labor and Industry in the Maryland Department of Labor.
Composition; appointment of members
(b)(1) The Board consists of the following 10 members:
(i) as an ex officio member, the Commissioner; and
(ii) nine members appointed by the Governor with the advice of the Secretary and with the advice and consent of the Senate.
(2) Of the nine appointed members of the Board:
(i) one shall be a representative of owners and users of power boilers;
(ii) one shall be a representative of owners of agricultural, model, or historical steam engine equipment;
(iii) one shall be a representative of owners and users of pressure vessels;
(iv) one shall be a representative of manufacturers or assemblers of boilers or pressure vessels;
(v) one shall be a representative of an insurer authorized to insure boilers or pressure vessels;
(vi) one shall be a mechanical engineer on the faculty of a recognized engineering college in the State;
(vii) one shall be a stationary engineer;
(viii) one shall be a professional engineer with boiler or pressure vessel experience; and
(ix) one shall be a consumer member.
Consumer member
(c)(1) The consumer member of the Board:
(i) shall be a member of the public;
(ii) may not be a licensee or otherwise be subject to regulation by the Board;
(iii) may not be required to meet the qualifications for the professional members of the Board; and
(iv) may not, within 1 year before appointment, have had a financial interest in or have received compensation from a person regulated by the Board.
(2) While a member of the Board, the consumer member may not:
(i) have a financial interest in or receive compensation from a person regulated by the Board; or
(ii) grade any examination given by or for the Board.
Tenure; vacancies
(d)(1) The term of an appointed member is 4 years.
(2) The terms of the appointed members are staggered as required by the terms provided for members of the Board on October 1, 2003.
(3) At the end of a term, a member continues to serve until a successor is appointed and qualifies.
(4) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
Members considered to have resigned
(e)(1) Except as provided in paragraph (2) of this subsection and subject to paragraph (3) of this subsection, a member shall be considered to have resigned who has been appointed to the Board by the Governor if the member did not attend at least two-thirds of the Board meetings held during any consecutive 12-month period while the member was serving on the Board.
(2) The Governor may waive a member's resignation and allow the member to continue serving if the member has been unable to attend meetings for reasons satisfactory to the Governor and the reasons are made public.
(3) In accordance with § 8-501 of the State Government Article, the chairman shall provide notice to the Governor and the Governor shall appoint a successor.
Chairman
(f) The Board shall elect a chairman from among its members.
Voting
(g) The Commissioner may not vote.
Salary, additional compensation, or reimbursement for expenses
(h)(1) The Commissioner may not receive additional compensation as a member of the Board.
(2) An appointed member of the Board:
(i) may not receive a salary as a member of the Board; but
(ii) is entitled to:
1. compensation in accordance with the State budget; and
2. reimbursement for expenses under the Standard State Travel Regulations,1 as provided in the State budget.
Meeting with State Board of Stationary Engineers
(i) The Board shall meet with and consult the State Board of Stationary Engineers as necessary but at least one time each year.
Power and authority of Secretary
(j) The exercise or performance of the powers, authority, duties, and functions of the Board under this subtitle is subject to the power and authority of the Secretary.
Credits
Added by Acts 2003, c. 5, § 2, eff. Oct. 1, 2003. Amended by Acts 2010, c. 13, § 1, eff. Oct. 1, 2010; Acts 2013, c. 224, § 1, eff. July 1, 2013; Acts 2014, c. 588, §§ 1, 2, eff. Oct. 1, 2014; Acts 2019, c. 8, § 5.
MD Code, Public Safety, § 12-904, MD PUBLIC SAFETY § 12-904
Current through legislation effective through April 25, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
