In this subtitle, “Board” means the State Amusement Ride Safety Advisory Board.

In addition to any duties set forth elsewhere, the Commissioner shall adopt safety regulations for the maintenance and operation of amusement attractions.

There is a State Amusement Ride Safety Advisory Board in the Department.

The Board consists of 9 members appointed by the Governor with the advice and consent of the Senate. Of the 9 members of the Board: 1 shall be a mechanical engineer; 1 shall represent owners of carnivals; 1 shall represent the State Fair and the county fairs; 1 shall represent amusement ride rental operators; 2 shall represent owners of amusement parks; and 3 shall be consumer members. In choosing the members of the Board, the Governor shall make every effort to ensure that each region of the State is represented. The composition of the Board as to the race and gender of its members shall reflect the composition of the population of the State. Each consumer member of the Board shall be a member of the general public. The term of a member is 4 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, 1992. 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. The Governor may remove a member for incompetence or misconduct. 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 chairman shall provide notice to the Governor and the Governor shall appoint a successor.

The Governor shall designate a chairman from among the consumer members of the Board.

The Board shall set the times and places of its hearings and meetings. Each member of the Board is entitled to: compensation in accordance with the State budget; and reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

The Board shall advise and consult with the Commissioner on reasonable regulations to prevent conditions that are detrimental to the public in their use of amusement attractions.

The Board shall recommend to the Commissioner any regulation that it finds necessary for the protection and safety of the public. The Commissioner may make recommendations to the Board on regulations.

The Board shall base its recommendations for regulations on information that: the Commissioner develops or otherwise has available; or an interested person submits to the Board at a public hearing under this section. The Board shall hold the public hearings needed to carry out its responsibilities under this subtitle. At least 15 days before a hearing, the Commissioner shall publish notice of the hearing in the Maryland Register.

The Board shall submit to the Commissioner, with each recommendation for a regulation, a report that: explains the need for the regulation; and summarizes the information available to the Board, including: testimony that was presented at any public hearing; and technical information.

If, after receiving a recommendation from the Board for a regulation, the Commissioner decides to adopt the regulation, the Commissioner shall publish notice of the proposed adoption in the Maryland Register.

The Commissioner may delay the effective date of a regulation for not more than 90 days after publication of the notice of adoption, if the Commissioner finds that the delay is needed to ensure that each manufacturer, operator, or amusement owner of an amusement attraction affected by the regulation knows about and has an opportunity to familiarize employees with the requirements of the regulation.

The Commissioner shall: compile a set of current regulations adopted under this subtitle; keep a set of the regulations in the Office of the Commissioner; and make a copy of the regulations for anyone who asks for one. The Commissioner may set a fee to cover the cost of making and mailing a copy of the current regulations.

An amusement owner affected by a regulation adopted under this subtitle may apply in writing to the Commissioner for a variance from the regulation. The Commissioner may grant a variance from a regulation adopted under this subtitle if: the variance is necessary to prevent undue hardship; or an existing condition makes compliance with the regulation impracticable and the Commissioner believes that the reasonable safety of the public can be ensured.

Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act, §§ 3–301 and 3–303 through 3–311 of this subtitle shall terminate on July 1, 2027.