There is a State Board of Stationary Engineers in the Department.

The Board consists of eight members appointed by the Governor with the advice of the Secretary and the advice and consent of the Senate. Of the eight members of the Board: three shall be stationary engineers; one shall be a representative from the boiler manufacture and design industry; one shall be a boiler owner; two shall be consumer members; and one shall be the Chief Boiler Inspector of the State, or the Chief Boiler Inspector’s designee, who shall be an ex officio, nonvoting member of the Board. Each member of the Board shall be: a citizen of the United States; and a resident of the State. At least two of the engineer members of the Board shall hold a Grade 1 stationary engineer license. Each engineer member of the Board shall: have at least 10 years practical experience in running steam engines, boilers, and appliances pertaining to stationary and portable engines; and hold a State license at all times during the member’s term on the Board. Each consumer member of the Board: shall be a member of the general public; may not be a licensee or otherwise be subject to regulation by the Board; and may not have had within 1 year before appointment a financial interest in or have received compensation from a person regulated by the Board. Before taking office, each appointee to the Board shall take the oath required by Article I, § 9 of the Maryland Constitution. The term of a member is 3 years and begins on July 1. The terms of members are staggered as required by the terms provided for members of the Board on October 1, 2005. At the end of a term, a member continues to serve until a successor is appointed and qualifies. 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. Each member of the Board is eligible for reappointment but may not serve more than two consecutive terms. The Governor may remove a member for incompetence, misconduct, neglect of duties, or other sufficient cause. Except as provided in paragraph (3) of this subsection and subject to paragraph (4) of this subsection, a member shall be considered to have resigned 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. 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. In accordance with § 8–501 of the State Government Article, the chair shall provide notice to the Governor and the Governor shall appoint a successor.

From among its members, the Board shall elect a chair and other officers as necessary. The manner of election and the term of an officer shall be as the Board determines.

A majority of the voting members then serving on the Board is a quorum. The Board shall meet at least twice a year at a location and in an office provided by the State. The Board may hold special meetings as provided in its regulations. The Board shall meet with and consult the Board of Boiler Rules as necessary but at least one time each year. A member of the Board: may not receive compensation; but is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget. The Board may employ a staff in accordance with the State budget.

The Board shall: adopt regulations to carry out the provisions of this title; administer examinations; issue licenses; maintain a list of all licensees; and maintain a record of its proceedings. The Board shall make available through written, electronic, or other means: to each applicant for a license, a copy of the Maryland Stationary Engineers Act and the Board’s regulations; and on each renewal of a license, to each licensee, a copy of any amendments to the Maryland Stationary Engineers Act and the Board’s regulations that took effect during the 2-year period ending on the date of renewal.

The Board may investigate any complaint that alleges a violation of this title. On receipt of the results of an investigation made under this section, the Board shall promptly take action that is appropriate under this title to ensure compliance with the title. If the Board concludes that any conduct alleged to be in violation of this title will result in harm to a citizen of the State, the Board may seek a permanent or temporary injunction with respect to the conduct from the circuit court of any county in which the alleged violation occurs. In seeking an injunction under this subsection, the Board is not required to: post bond; allege or prove that an adequate remedy at law does not exist; or allege or prove that substantial or irreparable damage would result from the continued violation of the provision. A member of the Board may not be held personally liable for any action taken under this subsection in good faith and with reasonable grounds. The Board, or a hearing officer designated by the Board, may administer oaths, hold hearings, and take testimony about all matters within the jurisdiction of the Board. The Board or its designee may issue a subpoena for the attendance of a witness to testify or the production of evidence in connection with: a disciplinary action brought under § 6.5-314 of this title; and a proceeding brought for an alleged violation of this title. If a person fails to comply with a subpoena issued under this subsection, on petition of the Board, a court of competent jurisdiction may compel compliance with the subpoena. A member of the Board may not be held personally liable for any action taken under this section.

Subject to subsection (b) of this section, the Board may set by regulation reasonable fees for its services. Except for examination fees, which may not exceed the costs of administering the examination, the fees charged shall be: set so as to produce funds to approximate the cost of maintaining the Board; and based on the calculations performed by the Secretary under § 2–106.10 of the Business Regulation Article. The Board shall publish a schedule of the fees set by the Board. The Board shall pay all fees collected under this title to the Comptroller. The Comptroller shall distribute the fees to the Occupational Mechanical Licensing Boards’ Fund established in § 2–106.9 of the Business Regulation Article.

The Board exercises its powers, duties, and functions subject to the authority of the Secretary.