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.