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<section article="gpu" article_name="Public Utilities" number="12-107" title_number="12" title_name="Underground Facilities" subtitle_number="1" subtitle_name="Excavation or Demolition Near Underground Facilities">
  <level label="a">
    <text>The Authority consists of nine members appointed by the Governor.</text>
  </level>
  <level label="b">
    <text>The nine members shall be appointed as follows:</text>
    <level label="1">
      <text>one member from a list submitted to the Governor by the Associated Utility Contractors of Maryland;</text>
    </level>
    <level label="2">
      <text>one member from a list submitted to the Governor by the Public Works Contractors Association of Maryland;</text>
    </level>
    <level label="3">
      <text>two underground facility owners that are members of a one–call system from a list submitted to the Governor by the Maryland members of the Maryland/DC Subscribers Committee;</text>
    </level>
    <level label="4">
      <text>one member from a list submitted to the Governor by the one–call systems operating in the State;</text>
    </level>
    <level label="5">
      <text>one member who represents the State’s underground facility contract locator community from a list submitted to the Governor by the Maryland members of the Maryland/DC Damage Prevention Committee;</text>
    </level>
    <level label="6">
      <text>one member who has experience in the field of underground facilities from a list submitted to the Governor by the Maryland Association of Counties;</text>
    </level>
    <level label="7">
      <text>one member who has experience in the field of underground facilities from a list submitted to the Governor by the Maryland Municipal League; and</text>
    </level>
    <level label="8">
      <text>one member of the general public from a list submitted to the Governor by the other appointed and qualified members of the Authority.</text>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>To the extent practicable, members appointed to the Authority shall reasonably reflect the geographic, racial, and gender diversity of the State.</text>
    </level>
    <level label="2">
      <text>A member shall reside in the State more than 6 months each year.</text>
    </level>
    <level label="3">
      <text>For the stakeholder members appointed under subsection (b)(1) through (7) of this section:</text>
      <level label="i">
        <text>the member’s primary business, employment, or membership determines the entity that the member is appointed to represent; and</text>
      </level>
      <level label="ii">
        <text>an organization, a facility owner, or any other entity may not hold more than one seat on the Authority.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>The term of a member is 2 years.</text>
    </level>
    <level label="2">
      <text>The terms of members are staggered as required by the terms provided for members of the Authority on October 1, 2010.</text>
    </level>
    <level label="3">
      <text>At the end of a term, a member continues to serve until a successor is appointed and qualifies.</text>
    </level>
    <level label="4">
      <text>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.</text>
    </level>
    <level label="5">
      <text>A member may not be appointed for more than two consecutive full terms.</text>
    </level>
    <level label="6">
      <text>To the extent practicable, the Governor shall fill any vacancy in the membership of the Authority within 60 days after the vacancy.</text>
    </level>
  </level>
  <level label="e">
    <text>On the recommendation of the Authority, the Governor may remove a member for incompetence or misconduct.</text>
  </level>
  <level label="f">
    <level label="1">
      <text>Any organization, facility owner, or entity possessing a seat on the Authority whose term is due to expire or be vacated shall:</text>
      <level label="i">
        <text>designate a replacement for its representative; and</text>
      </level>
      <level label="ii">
        <text>if reasonable, initiate the nomination process with the Governor’s appointments office at least 60 days before the known expiration, removal, or resignation of its representative.</text>
      </level>
    </level>
    <level label="2">
      <text>If the organization, facility owner, or entity fails to comply with the replacement process under paragraph (1) of this subsection, the Authority shall:</text>
      <level label="i">
        <text>conduct a search for a replacement nominee from the organization, facility owner, or entity having the vacancy on the Authority; and</text>
      </level>
      <level label="ii">
        <text>follow the nomination process provided by the Governor’s appointments office.</text>
      </level>
    </level>
    <level label="3">
      <text>If the organization, facility owner, or entity having the vacancy subsequently fails to provide a nominee within the required time for a second time, the Authority may:</text>
      <level label="i">
        <text>remove the organization, facility owner, or entity representation from the Authority; and</text>
      </level>
      <level label="ii">
        <text>replace the organization, facility owner, or entity having a vacancy on the Authority with a comparable organization, facility owner, or entity.</text>
      </level>
    </level>
    <level label="4">
      <text>In the case of a sudden or unexpected vacancy, the organization, facility owner, or entity shall provide a nomination to the Governor’s appointments office within 60 days after the vacancy occurs.</text>
    </level>
  </level>
</section>
