There is a State Board of Heating, Ventilation, Air-Conditioning, and Refrigeration Contractors in the Department.

The Board consists of 9 members. Of the 9 Board members: 5 shall be master heating, ventilation, air–conditioning, and refrigeration contractors licensed in the State, a subdivision of the State, or another state provided that state has licensing requirements equivalent to the licensing requirements of this title; 1 shall be a master electrician; 1 shall be a master plumber; and 2 shall be consumer members. The Governor shall appoint the members of the Board with the advice of the Secretary and with the advice and consent of the Senate. Except for the initial members of the Board, of the members appointed under subsection (a)(2)(i), (ii), and (iii) of this section: 1 shall be from the area that consists of Caroline, Dorchester, Kent, Queen Anne’s, Somerset, Talbot, Wicomico, and Worcester counties; 1 shall be from the area that consists of Baltimore City, and Baltimore, Cecil, and Harford counties; 1 shall be from the area that consists of Anne Arundel, Calvert, Charles, and St. Mary’s counties; 1 shall be from the area that consists of Howard, Montgomery, and Prince George’s counties; and 1 shall be from the area that consists of Allegany, Carroll, Frederick, Garrett, and Washington counties. Each member of the Board shall be: a citizen of the United States; and a resident of the State. Each member appointed under subsection (a)(2)(i), (ii), and (iii) of this section: shall be an active contractor; shall hold a current active license under this title or under a licensing program in a subdivision of the State; and shall have provided services as a contractor for not less than 5 consecutive years immediately prior to the date of appointment. The master electrician member of the Board: shall be actively engaged in the electrical contracting business as a master electrician; shall hold a current active license under this article; and shall have been engaged in business as a master electrician for not less than 5 consecutive years immediately prior to the date of appointment. The master plumber member of the Board: shall be actively engaged in the plumbing contracting business as a master plumber; shall hold a current active license under this article; and shall have been engaged in business as a master plumber for not less than 5 consecutive years immediately prior to the date of appointment. Each consumer member of the Board: shall be a member of the general public; may not be a licensee or otherwise be subject to the regulation of 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. The terms of members are staggered as required by the terms provided for members of the Board on January 1, 1993. 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. Board members are eligible for reappointment, but may not serve more than 2 consecutive terms. 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.

From among the Board members, the Governor shall appoint a chairman. Except for the chairman, the manner of election of officers shall be as the Board determines.

The Board shall meet once a month in a location and office provided by the State. Special meetings of the Board may be held as the Board provides in its rules and regulations. A majority of the members then serving on the Board is a quorum. The Board may employ a staff in accordance with the State budget. Subject to the State budget, each member of the Board is entitled to: an annual salary of $3,600; and reimbursement for reasonable expenses under the Standard State Travel Regulations.

In addition to the powers set forth elsewhere, the Board shall: adopt rules and regulations to carry out the provisions of this title; adopt and enforce a code that sets minimum standards for installing, altering, remodeling, maintaining, and repairing heating, ventilation, air-conditioning, hydronic, and refrigeration systems; administer examinations; issue licenses; keep a list of all licensees; keep a record of its proceedings; and adopt an official seal. The Board shall enter into a cooperative agreement with a county for the county to enforce the code adopted under this section. If a county has adopted a code prior to January 1, 1988 the county code shall apply within that county. The Board exercises its powers, duties, and functions subject to the authority of the Secretary.

The Board may investigate any complaint that alleges facts that constitute a violation of this title. On receipt of the results of an investigation made under this section, the Board promptly shall take action that is appropriate under this title to ensure compliance with this title. If the Board concludes that any conduct alleged to be in violation of this title will result in harm to any 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, or in which the violator has its principal place of business. 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. Any 5 members of 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 take testimony of any person by deposition in the same manner as in judicial proceedings in State civil cases. Any party to any hearing before the Board has the right to attendance of witnesses, after making a request to the Board and designating the person sought to be subpoenaed. A member of the Board may not be held personally liable for any action taken under this section. The Board or its designee may issue a subpoena. The Police Department of Baltimore City or the sheriff of a county shall serve a subpoena issued under this subsection. 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. Subject to the notice and hearing provisions of Title 10, Subtitle 2 of the State Government Article, the Board may issue a cease and desist order for a violation of any provision of this title or a regulation adopted under this title. After a hearing, if the Board finds that a person has violated this title or a regulation adopted under this title, the Board may order the person to cease and desist from the violation and any further similar violations. Any party aggrieved by a decision and order of the Board under this subsection may take an appeal as provided under §§ 10–222 and 10–223 of the State Government Article.

The Board may set by regulation reasonable fees for its services. 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 this 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 this article.