Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 30 - MARINE CONTRACTORS LICENSING BOARD › Chapter 26.30.01 - General Regulations › Section 26.30.01.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this
				  subtitle, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Approved continuing education" means
				  courses of study or programs of instruction in an area of marine construction
				  and related subjects that are designed to improve, advance, or extend
				  professional skill and knowledge relating to the practices of a marine
				  contractor and that are approved by the Board in accordance with the
				  requirements of this subtitle.
(2)
				  "Board" means the Marine Contractors Licensing Board.
(3) "Credit hour" means the amount of time,
				  usually 1 hour per 50 minutes of instruction, that is accredited by the Board
				  or the institution sponsoring the continuing education.
(4) "Entity" means a business with its
				  principal office in the State that employs more than one individual and
				  provides marine contractor services in the State.
(5) "Gross negligence" means an intentional
				  failure of a licensee or applicant for a license to perform an action or
				  inaction as expected by the profession under the same circumstances, in
				  reckless disregard of the consequences as affecting the life or property of
				  another.
(6) "Hours of approved
				  continuing education" means the value given by the Board for participation in
				  continuing education.
(7)
				  "Incompetence" means an action or inaction by a licensee or an applicant for a
				  license which demonstrates a general lack of knowledge or ability to perform
				  marine contractor services.
(8)
				  "License" means a professional license issued by the Board under this subtitle
				  to an individual or entity to perform marine contractor services in the
				  State.
(9) "License renewal period"
				  means the 24-month period immediately preceding the expiration date of the
				  license.
(10) "Licensed marine
				  contractor" means an individual or entity that has received a license from the
				  Board to perform marine contractor services.
(11) "Licensee" means licensed marine
				  contractor.
(12) Marine Contractor
				  Services.
(a) "Marine contractor services"
				  means construction, demolition, installation, alteration, repair, or salvage
				  activities located in, on, or under State or private tidal wetlands.
(b) "Marine contractor services" includes:
(i) Dredging and filling;
(ii) The construction, demolition,
				  installation, alteration, repair, or salvage of structures, including
				  boathouses, boat or other personal watercraft lifts or ramps, slips, docks,
				  floating platforms, moorings, piers, pier access structures, pilings, wetland
				  observation platforms, wetland walkways, and wharfs;
(iii) The construction, demolition,
				  installation, alteration, repair, or salvage of stabilization and erosion
				  control measures, including revetments, breakwaters, bulkheads, groins,
				  jetties, stone sills, marsh establishments, and beach nourishment or other
				  similar projects; and
(iv)
				  Activities that require authorization under Environment Article, Title 16,
				  Annotated Code of Maryland.
(13) "Misconduct" means an action or inaction
				  by a licensee or an applicant for a license that is deficient from the action
				  or inaction expected by the profession under the same circumstances.
(14) "Representative member" means the
				  individual member of an entity appointed for the purposes of submitting an
				  application for a license on behalf of the entity.
(15) "Similar contractor experience" means
				  construction, demolition, installation, alteration, repair, or salvage
				  activities located above the mean hide tide and requiring authorization from
				  the Department, in accordance with Environment Article, Title 5, Subtitles 5
				  and 9, Annotated Code of Maryland.
(16) Solicit to Perform.
(a) "Solicit to perform" means to try to
				  obtain either directly or indirectly a job from a customer or potential
				  customer to perform marine contractor services.
(b) "Solicit to perform" does not include
				  responding to a request for a proposal or a bid solicitation issued by an
				  agency of the federal, State, or local government or a general
				  contractor.