Section 12-106 – Authority Established
(a) There is a Maryland Underground Facilities Damage Prevention Authority. (b) It is the intent of the General Assembly that the Authority not be funded by appropriations from the State budget.
Section 12-107 – Membership
(a) The Authority consists of nine members appointed by the Governor. (b) The nine members shall be appointed as follows: (1) one member from a list submitted to the Governor by the Associated Utility Contractors of Maryland; (2) one member from a list submitted to the Governor by the Public Works Contractors Association of Maryland; (3) two underground facility owners […]
Section 12-108 – Chair
(a) From among its members, each year the Authority shall select a chair. (b) Subject to subsection (c) of this section, the manner of selection of the chair and the chair’s term of office shall be as the Authority determines. (c) A member may not serve more than 2 consecutive years as chair of the Authority.
Section 12-109 – Quorum; Meetings; Compensation and Reimbursement
(a) Five members of the Authority are a quorum. (b) The Authority shall meet at least once every 3 months at the times and places it determines. (c) A member of the Authority: (1) may not receive compensation as a member of the Authority; and (2) is not entitled to reimbursement for expenses.
Section 12-110 – Powers
(a) The Authority may: (1) adopt bylaws for the conduct of its business; (2) adopt a seal; (3) maintain an office at a place it designates; (4) maintain facilities for the purpose of holding hearings under this subtitle; (5) employ a staff; (6) accept a grant, a loan, or any other assistance in any form from any public or private source, subject […]
Section 12-111 – Funding
(a) The Authority may obtain funding for its operational expenses from: (1) a federal or State grant; (2) filing fees and administrative fees for complaints heard by the Authority as authorized under § 12–112(c)(1) of this subtitle, including: (i) mailing costs; (ii) fees for delivery or service of process; (iii) reproduction costs; and (iv) staff costs associated with the complaint; (3) an additional […]
Section 12-112 – Enforcement
(a) To enforce this subtitle, the Authority: (1) shall accept and review complaints for violations of this subtitle; and (2) may recommend necessary enforcement actions. (b) (1) The Authority shall: (i) hear complaints for violations of this subtitle: 1. at the request of a probable violator; or 2. after notifying a probable violator that the Authority has scheduled a hearing on its own […]
Section 12-113 – Hearing Procedure
(a) In a hearing before the Authority for an alleged violation of this subtitle: (1) all testimony shall be given under oath administered by the chair or another member of the Authority; and (2) the proceedings shall be recorded. (b) The Authority may compel the attendance of a witness by subpoena. (c) (1) The Authority shall issue its decision in writing, […]
Section 12-114 – Annual Reports
Beginning January 1, 2012, the Authority shall report each year to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the activities of the Authority and any recommendations of the Authority.