There is a Maryland Department of Labor, established as a principal department of the State government.
The head of the Department is the Secretary of Labor, who shall be appointed by the Governor with the advice and consent of the Senate.
Before taking office, the appointee shall take the oath required by Article I, § 9 of the Maryland Constitution.
The Secretary serves at the pleasure of the Governor and is responsible directly to the Governor. The Secretary shall advise the Governor on all matters assigned to the Department and is responsible for carrying out the Governor’s policies on those matters.
The Secretary is responsible for the operation of the Department and shall establish guidelines and procedures to promote the orderly and efficient administration of the Department. The Secretary may establish, reorganize, or abolish areas of responsibility in the Office of the Secretary as necessary to fulfill the duties assigned to the Secretary.
The Secretary is responsible for establishing policy to be followed by the units in the Department.
The Secretary is entitled to the salary provided in the State budget.
With the approval of the Governor, the Secretary shall appoint a deputy secretary.
The deputy secretary:
serves at the pleasure of the Secretary;
is entitled to the salary provided in the State budget; and
has the duties provided by law or delegated by the Secretary.
The Secretary may employ a staff attached to the Office of the Secretary, in accordance with the State budget.
Each staff assistant in the Office of the Secretary in charge of a particular area of responsibility and each professional consultant is in the executive service, management service, or is a special appointment in the State Personnel Management System and is appointed by and serves at the pleasure of the Secretary.
Unless otherwise provided by law, the Secretary shall appoint and remove all other staff in the Office of the Secretary in accordance with the provisions of the State Personnel and Pensions Article.
The Secretary may review any personnel action taken by any unit in the Department. The Secretary may delegate to the head or governing body of any unit in the Department the power to approve any appointment or removal.
Whenever the Secretary is authorized by law to make an appointment with the approval of the Governor, the Secretary may not remove the appointee without first obtaining the approval of the Governor.
In this section the following words have the meanings indicated.
“Executive Director” means an individual appointed by the Governor who directs the activities of the Office of Small Business Regulatory Assistance and serves as a liaison among businesses, economic development organizations, communities, and federal, State, and local units and agencies.
“Office” means the Office of Small Business Regulatory Assistance.
There is an Office of Small Business Regulatory Assistance in the Department.
The purpose of the Office is to:
assist businesses with the implementation of the Maryland Healthy Working Families Act and other labor and licensing laws and regulations;
resolve problems encountered by businesses interacting with State agencies;
facilitate responsiveness of State government to business needs;
serve as a central clearinghouse of information for business assistance programs and services available in the State;
assist businesses by referring businesses and individuals to resources that provide the business services or assistance requested;
provide comprehensive permit information and assistance;
establish and maintain metrics in order to monitor the progress of the Office and report the data to the Governor and the General Assembly; and
report and make recommendations to the Governor and the General Assembly regarding breakdowns in the delivery of economic development resources and programs, including problems encountered by businesses interacting with State agencies.
The Office shall:
assist in the adoption of regulations necessary for the implementation of the Maryland Healthy Working Families Act;
establish, maintain, and update each year a list of the business assistance programs and services in the State, including the names, locations, websites, and telephone numbers of the entities providing the programs and services;
implement a business fairness and responsiveness service that:
resolves problems encountered by businesses with other State agencies and regional and local economic development organizations;
coordinates programs and services implemented by federal, State, and local agencies;
facilitates responsiveness of State government to business needs; and
reports to the Governor and the General Assembly regarding any breakdowns in the delivery of economic development resources and programs;
develop and maintain a program to provide comprehensive information to the public regarding permits required for business initiatives, projects, and activities;
establish and implement procedures to assist permit applicants that have encountered difficulties in obtaining timely and efficient permit review; and
administer and oversee the State Customer Service and Business Development Efforts Training Program under subsection (d) of this section.
There is a State Customer Service and Business Development Efforts Training Program.
The purpose of the Program is to increase the responsiveness of and improve customer service provided by State agencies to businesses and customers in the State.
The Office shall develop State customer service standards that incorporate best practices for providing excellent customer service.
Each agency shall:
create a customer service improvement plan;
review and incorporate the Office’s State customer service standards in the agency’s customer service improvement plan;
develop and conduct customer service training for each employee who interacts with businesses and members of the public on a regular basis;
adopt and distribute a standard customer service satisfaction survey for each person the agency serves;
establish an incentive or recognition program for employees who provide excellent customer service; and
report each year on:
the training provided to employees, including:
the number of trainings;
the frequency of trainings; and
the specific subject of each training;
the responses received from customer service satisfaction surveys distributed under item (iv) of this paragraph;
the progress of the agency’s customer service, including the metrics the agency uses to assess the customer service of the agency; and
the agency’s measurable goals for continuing to improve customer service for the upcoming year.
Each year the Office shall evaluate the State Customer Service and Business Development Efforts Training Program and make recommendations regarding the Program.
Each year, the Office shall submit a report to the Governor and, in accordance with § 2–1257 of the State Government Article, the standing committees of the General Assembly having jurisdiction over economic development matters.
The report shall contain:
information regarding the performance of the Office, including data indicating the effectiveness of programs and procedures regarding permitting;
data specifying the number of businesses and individuals that have contacted the Office or used the services of the Office; and
recommendations regarding improvements to existing laws relating to economic development.
The report shall include information and recommendations developed for the State Customer Service and Business Development Efforts Training Program under subsection (d) of this section.
The Governor shall include funds in the State budget to implement this section, including funds to:
employ a full–time Executive Director; and
operate and maintain an office.
The Department shall have at least one full–time staff member who is responsible for:
defining, identifying, and compiling data on State and regional workforce needs; and
working collaboratively with the Department of Commerce and the Maryland Higher Education Commission to produce uniform and consistent baseline data, including common sources and measurements, about workforce needs to inform State policies relating to postsecondary education.
The Secretary is responsible for the budget of the Office of the Secretary and for the budget of each unit in the Department.
The Secretary shall have a seal.
The Secretary is responsible for the planning of activities, programs, and services of the Department.
The Secretary may review and approve, disapprove, or modify the plans and proposals of the units in the Department.
The Secretary may investigate or hold a hearing on any complaint about the operation of a unit in the Department and may report the findings of the Secretary to the Governor.
At any time, the Secretary may call a meeting of a board or commission in the Department to consider any subject.
The Secretary may not exercise or perform any power, duty, responsibility, or function granted to the Board of Appeals in §§ 8–5A–05, 8–5A–07, 8–5A–10, 8–5A–11, 8–5A–12, 8–611(j), 8–629(f), 8–638, 8–639, and 8–808(a) of the Labor and Employment Article.
The Secretary may adopt regulations for the Office of the Secretary.
Before a unit in the Department publishes a proposed regulation under § 10–112 of the State Government Article, the unit shall submit the proposed regulation to the Secretary.
The Secretary may approve any proposed regulation.
Within 30 days after submission of a proposed regulation on a regulatory, supervisory, quasi–judicial, disciplinary, or enforcement function of a unit, the Secretary may disapprove the proposed regulation but only if the Secretary finds that it:
would discourage competition within a regulated occupation or profession;
would unfairly restrict entry of applicants into a regulated occupation or profession; or
otherwise is contrary to the public interest.
The Secretary may disapprove or revise any other proposed regulation.
There is a Licensing Testing Fund for the Department.
The Secretary shall ensure that each unit in the Department that collects fees for a licensing examination given by a national testing association pays all of the fees into the Licensing Testing Fund.
The Licensing Testing Fund shall be used to pay the money that the Department owes to a national testing association.
At the end of each fiscal year, any money in the Licensing Testing Fund that is not needed under paragraph (1) of this subsection reverts to the General Fund of the State.
This section applies to the following occupational and professional licensing boards:
the State Board of Architects established under Title 3 of the Business Occupations and Professions Article;
the State Board of Certified Interior Designers established under Title 8 of the Business Occupations and Professions Article;
the State Board of Professional Landscape Architects established under Title 9 of the Business Occupations and Professions Article;
the State Board for Professional Engineers established under Title 14 of the Business Occupations and Professions Article; and
the State Board for Professional Land Surveyors established under Title 15 of the Business Occupations and Professions Article.
There is a State Occupational and Professional Licensing Design Boards’ Fund in the Department, which shall be a continuing, nonlapsing special fund.
Except as otherwise provided by law, each occupational and professional licensing board described in subsection (a) of this section shall pay all fees collected to the Comptroller of the State.
The Comptroller shall distribute the fees to the Fund.
The Fund shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of each occupational and professional licensing board described in subsection (a) of this section.
The Secretary or a designee of the Secretary shall administer the Fund.
The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2–1220 of the State Government Article.
In consultation with each board described in § 2–106.1 of this subtitle, the Secretary shall annually calculate the direct and indirect costs attributable to each board.
Each board shall establish fees based on the calculations provided by the Secretary under this section.
Each fee established by an individual board may not be increased annually by more than 12.5% of the existing and corresponding fee of the board.
In order to establish fees that more equitably distribute the costs associated with the operation of each board among similar boards, the Secretary may average the direct and indirect costs of one or more boards provided that the boards consent to having their direct and indirect costs averaged together.
In this section the following words have the meanings indicated.
“Commission” means the State Real Estate Commission.
“Fund” means the State Real Estate Commission Fund.
There is a State Real Estate Commission Fund in the Department.
The Fund is a special, nonlapsing fund that is not subject to § 7-302 of the State Finance and Procurement Article.
The Fund consists of fees collected by the Commission and distributed to the Fund under § 17-213 of the Business Occupations and Professions Article.
The Fund shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Commission.
The Secretary or a designee of the Secretary shall administer the Fund.
The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2-1220 of the State Government Article.
In this section, “Commission” means the State Real Estate Commission.
In consultation with the Commission, the Secretary shall annually calculate the direct and indirect costs attributable to the Commission.
Beginning on July 1, 2007, the Commission shall establish fees based on the calculations provided by the Secretary under this section.
Each fee established by the Commission may not be increased annually by more than 12.5% of the existing and corresponding fee of the Commission.
In this section the following words have the meanings indicated.
“Board” means the State Board of Public Accountancy.
“Fund” means the State Board of Public Accountancy Fund.
There is a State Board of Public Accountancy Fund in the Department.
The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
The Fund consists of fees collected by the Board and distributed to the Fund under § 2–209 of the Business Occupations and Professions Article.
The Fund shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Board.
The Secretary or a designee of the Secretary shall administer the Fund.
The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2–1220 of the State Government Article.
In this section, “Board” means the State Board of Public Accountancy.
In consultation with the Board, the Secretary shall annually calculate the direct and indirect costs attributable to the Board.
Beginning on July 1, 2008, the Board shall establish fees based on the calculations provided by the Secretary under this section.
Each fee established by the Board may not be increased annually by more than 12.5% of the existing and corresponding fee of the Board.
In this section the following words have the meanings indicated.
“Commission” means the State Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors.
“Fund” means the State Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors Fund.
There is a State Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors Fund in the Department.
The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
The Fund consists of fees collected by the Commission and distributed to the Fund under Title 16 of the Business Occupations and Professions Article.
The Fund shall be used to cover the Commission’s actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Commission.
The Secretary or a designee of the Secretary shall administer the Fund.
The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2–1220 of the State Government Article.
At the end of each fiscal year, any unspent and unencumbered portion of the Fund in excess of $100,000 shall revert to the General Fund of the State.
Any investment earnings of the Fund shall be credited to the General Fund.
In this section, “Commission” means the State Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors.
In consultation with the Commission, the Secretary shall calculate annually the direct and indirect costs attributable to the Commission.
Beginning on July 1, 2011, the Commission shall establish fees based on the calculations provided by the Secretary under this section.
Each fee established by the Commission may not be increased annually by more than 12.5% of the existing and corresponding fee of the Commission.
The fees established for each profession regulated under Title 16 of the Business Occupations and Professions Article shall be set so as to produce funds to approximate the cost of regulating each profession.
In this section, “Fund” means the State Occupational Mechanical Licensing Boards’ Fund.
This section applies to the following occupational licensing boards:
the State Board of Master Electricians established under Title 6 of the Business Occupations and Professions Article;
the State Board of Stationary Engineers established under Title 6.5 of the Business Occupations and Professions Article;
the State Board of Plumbing established under Title 12 of the Business Occupations and Professions Article; and
the State Board of Heating, Ventilation, Air–Conditioning, and Refrigeration Contractors established under Title 9A of this article.
There is a State Occupational Mechanical Licensing Boards’ Fund in the Department.
The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
Except as otherwise provided by law, each occupational licensing board described in subsection (b) of this section shall pay all fees collected to the Comptroller.
The Comptroller shall distribute the fees to the Fund.
The Fund shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of each occupational licensing board described in subsection (b) of this section.
The Secretary or a designee of the Secretary shall administer the Fund.
The legislative auditor shall audit the accounts and transactions of the Fund as provided in § 2–1220 of the State Government Article.
At the end of each fiscal year, any unspent and unencumbered portion of the Fund in excess of $100,000 shall revert to the General Fund of the State.
Any investment earnings of the Fund shall be credited to the General Fund of the State.
In consultation with each board specified under § 2–106.9 of this subtitle, the Secretary shall annually calculate the direct and indirect costs attributable to each board.
Each board shall establish fees based on the calculations provided by the Secretary under this section.
Except for the examination fees under § 12–303(2)(i) of the Business Occupations and Professions Article, each fee established by an individual board may not be increased annually by more than 12.5% of the existing and corresponding fee of the board.
In order to establish fees that more equitably distribute the costs associated with the operation of each board among similar boards, the Secretary may average the direct and indirect costs of one or more boards provided that the boards consent to having their direct and indirect costs averaged together.
In this section the following words have the meanings indicated.
“Commission” means the Maryland Home Improvement Commission.
“Special Fund” means the Maryland Home Improvement Commission Special Fund.
There is a Maryland Home Improvement Commission Special Fund in the Department.
The Special Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
The Special Fund consists of fees collected by the Commission and distributed to the Special Fund under Title 8 of this article.
The Special Fund shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Commission.
The Secretary or a designee of the Secretary shall administer the Special Fund.
The legislative auditor shall audit the accounts and transactions of the Special Fund as provided in § 2–1220 of the State Government Article.
At the end of each fiscal year, any unspent and unencumbered portion of the Special Fund in excess of $100,000 shall revert to the General Fund of the State.
Any investment earnings of the Special Fund shall be credited to the General Fund of the State.
In this section, “Commission” means the Maryland Home Improvement Commission.
In consultation with the Commission, the Secretary annually shall calculate the direct and indirect costs attributable to the Commission.
The Commission shall establish fees based on the calculations provided by the Secretary under this section.
Except for the examination fees, each fee established by the Commission may not be increased annually by more than 12.5% of the existing and corresponding fee of the Commission.
In this section, “Fund” means the State Barbers and Cosmetologists Boards’ Fund.
This section applies to the following occupational licensing boards:
the State Board of Barbers established under Title 4 of the Business Occupations and Professions Article; and
the State Board of Cosmetologists established under Title 5 of the Business Occupations and Professions Article.
There is a State Barbers and Cosmetologists Boards’ Fund in the Department.
The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
Except as otherwise provided by law, each occupational licensing board described in subsection (b) of this section shall pay all fees collected to the Comptroller.
The Comptroller shall distribute the fees to the Fund.
The Fund shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of each occupational licensing board described in subsection (b) of this section.
The Secretary or a designee of the Secretary shall administer the Fund.
The legislative auditor shall audit the accounts and transactions of the Fund as provided in § 2–1220 of the State Government Article.
At the end of each fiscal year, any unspent and unencumbered portion of the Fund in excess of $100,000 shall revert to the General Fund of the State.
Any investment earnings of the Fund shall be credited to the General Fund of the State.
In consultation with each board specified under § 2–106.9 of this subtitle, the Secretary shall annually calculate the direct and indirect costs attributable to each board.
Each board shall establish fees based on the calculations provided by the Secretary under this section.
Except for examination fees under §§ 4–303 and 5–306 of the Business Occupations and Professions Article, each fee established by an individual board may not be increased annually by more than 12.5% of the existing and corresponding fee of the board.
In order to establish fees that more equitably distribute the costs associated with the operation of each board among similar boards, the Secretary may average the direct and indirect costs of the boards provided that the boards consent to having their direct and indirect costs averaged together.
In this section, “Fund” means the Household Goods Movers Registration Fund.
There is a Household Goods Movers Registration Fund in the Department.
The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
The Department shall pay all fees collected under Title 8.5 of this article to the Comptroller.
The Comptroller shall distribute the fees to the Fund.
The Fund shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Department under Title 8.5 of this article.
The Secretary or a designee of the Secretary shall administer the Fund.
The legislative auditor shall audit the accounts and transactions of the Fund as provided in § 2–1220 of the State Government Article.
Any investment earnings of the Fund shall be credited to the General Fund of the State.
The Secretary shall annually calculate the direct and indirect costs attributable to the Department under Title 8.5 of this article.
The Department shall establish fees based on the calculations provided by the Secretary under this section.
Each fee established by the Department under Title 8.5 of this article may not be increased annually by more than 12.5% of the existing and corresponding fees of the Department under Title 8.5 of this article.
In this section, “Fund” means the Sellers of Travel Services Registration Fund.
There is a Sellers of Travel Services Registration Fund.
The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
The Department shall pay all fees collected under Title 17, Subtitle 22 of this article to the Comptroller.
The Comptroller shall distribute the fees to the Fund.
The Fund shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Department under Title 17, Subtitle 22 of this article.
The Secretary or a designee of the Secretary shall administer the Fund.
The Fund may be subject to audit as provided in § 2–1220 of the State Government Article.
Any investment earnings of the Fund shall be credited to the General Fund of the State.
The Secretary shall annually calculate the direct and indirect costs attributable to the Department under Title 17, Subtitle 22 of this article.
The Department shall establish fees based on the calculations provided by the Secretary under this section.
Each fee established by the Department under Title 17, Subtitle 22 of this article may not be increased annually by more than 12.5% of the existing and corresponding fees of the Department under Title 17, Subtitle 22 of this article.
This section does not apply to a unit in the Department to the extent that the unit is authorized by law to employ its own legal adviser or counsel.
The Attorney General is legal adviser to the Department.
The Attorney General shall assign to the Department the number of assistant attorneys general authorized by law for the Department and its units.
The Attorney General shall designate 1 of the assistant attorneys general assigned to the Department as counsel to the Department. After the Attorney General designates the counsel to the Department, the Attorney General may not reassign the counsel without consulting the Secretary.
The counsel may have no duty other than to give the legal aid, advice, and counsel required by the Secretary or any other official of the Department, to supervise the other assistant attorneys general assigned to the Department, and to perform for the Department the duties that the Attorney General assigns. The counsel shall perform these duties subject to the control and supervision of the Attorney General.
The following units are in the Department:
the Division of Labor and Industry.
the Division of Employment and Training.
the Commissioner of Financial Regulation.
the State Board of Architects.
the State Athletic Commission.
the State Board of Barbers.
the Board of Boiler Rules.
the State Collection Agency Licensing Board.
the State Board of Cosmetologists.
the State Board of Master Electricians.
the State Board of Stationary Engineers.
the State Board for Professional Engineers.
the State Board of Foresters.
the State Board of Heating, Ventilation, Air Conditioning and Refrigeration Contractors.
the Maryland Home Improvement Commission.
the State Board of Certified Interior Designers.
the State Board of Professional Landscape Architects.
the State Board for Professional Land Surveyors.
the State Board of Pilots.
the State Board of Plumbing.
the State Board of Public Accountancy.
the State Board of Individual Tax Preparers.
the State Racing Commission.
the State Real Estate Commission.
the State Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors.
the Real Estate Hearing Board.
the State of Maryland Deposit Insurance Fund Corporation.
the Maryland Jockey Injury Compensation Fund, Inc.
the State Amusement Ride Safety Advisory Board.
the Occupational Safety and Health Advisory Board.
the Maryland–Bred Race Fund Advisory Committee.
the Maryland Standardbred Race Fund Advisory Committee.
the Advisory Council on Prevailing Wage Rates.
The Department also includes each other unit that is assigned to the Department.
Each unit created within the Department shall include at least 1 consumer member.
Each consumer member of the unit:
shall be a member of the general public;
may not be a licensee or otherwise be subject to regulation by the unit;
may not be required to meet the qualifications for the professional members of the unit; and
may not, within 1 year before appointment, have had a financial interest in or have received compensation from a person regulated by the unit.
While a member of the unit, a consumer member may not:
have a financial interest in or receive compensation from a person regulated by the unit; or
grade any examination given by or for the unit.
With the approval of the Governor, the Secretary may create advisory units.
Each advisory unit created under this section shall include at least 1 consumer member.
Each consumer member of an advisory unit created under this section shall be a member of the general public.
A consumer member of an advisory unit created under this section may not be required to meet the qualifications for the professional members of the unit.
In this section, “license”:
means any grant of authority to conduct a business or to practice an occupation; and
includes a certificate, permit, or registration.
A unit in the Department may not require as a condition for a license an ability to communicate in English, except to the extent that the unit expressly determines that the ability is needed to engage in the business or occupation for which the license is sought.
If a unit in the Department determines that the use of an interpreter of a foreign language or sign language will not compromise the integrity of a testing procedure for a license, then, on request, the unit may allow an applicant to use an interpreter during that procedure.
An applicant who uses an interpreter shall pay the cost of the interpreter.
The Department shall:
establish a process through which a person may recommend a vocational, workforce, training, or job placement program for inclusion in the database developed and maintained under § 15–160 of the Health – General Article; and
if appropriate, forward a recommendation made under item (1) of this section to the Maryland Department of Health for inclusion in the database.