2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 12 - Underground Facilities › Subtitle 1 - Excavation or Demolition Near Underground Facilities › Part II - Maryland Underground Facilities Damage Prevention Authority › 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 that are members of a one–call system from a list submitted to the Governor by the Maryland members of the Maryland/DC Subscribers Committee;
(4)    one member from a list submitted to the Governor by the one–call systems operating in the State;
(5)    one member who represents the State’s underground facility contract locator community from a list submitted to the Governor by the Maryland members of the Maryland/DC Damage Prevention Committee;
(6)    one member who has experience in the field of underground facilities from a list submitted to the Governor by the Maryland Association of Counties;
(7)    one member who has experience in the field of underground facilities from a list submitted to the Governor by the Maryland Municipal League; and
(8)    one member of the general public from a list submitted to the Governor by the other appointed and qualified members of the Authority.
(c)    (1)    To the extent practicable, members appointed to the Authority shall reasonably reflect the geographic, racial, and gender diversity of the State.
(2)    A member shall reside in the State more than 6 months each year.
(3)    For the stakeholder members appointed under subsection (b)(1) through (7) of this section:
(i)    the member’s primary business, employment, or membership determines the entity that the member is appointed to represent; and
(ii)    an organization, a facility owner, or any other entity may not hold more than one seat on the Authority.
(d)    (1)    The term of a member is 2 years.
(2)    The terms of members are staggered as required by the terms provided for members of the Authority on October 1, 2010.
(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.
(5)    A member may not be appointed for more than two consecutive full terms.
(6)    To the extent practicable, the Governor shall fill any vacancy in the membership of the Authority within 60 days after the vacancy.
(e)    On the recommendation of the Authority, the Governor may remove a member for incompetence or misconduct.
(f)    (1)    Any organization, facility owner, or entity possessing a seat on the Authority whose term is due to expire or be vacated shall:
(i)    designate a replacement for its representative; and
(ii)    if reasonable, initiate the nomination process with the Governor’s appointments office at least 60 days before the known expiration, removal, or resignation of its representative.
(2)    If the organization, facility owner, or entity fails to comply with the replacement process under paragraph (1) of this subsection, the Authority shall:
(i)    conduct a search for a replacement nominee from the organization, facility owner, or entity having the vacancy on the Authority; and
(ii)    follow the nomination process provided by the Governor’s appointments office.
(3)    If the organization, facility owner, or entity having the vacancy subsequently fails to provide a nominee within the required time for a second time, the Authority may:
(i)    remove the organization, facility owner, or entity representation from the Authority; and
(ii)    replace the organization, facility owner, or entity having a vacancy on the Authority with a comparable organization, facility owner, or entity.
(4)    In the case of a sudden or unexpected vacancy, the organization, facility owner, or entity shall provide a nomination to the Governor’s appointments office within 60 days after the vacancy occurs.