Chapter 02. Licensing Procedures and Fees
Regulation .01 Application Procedures.LinkCopy Citation
A.
An application for a license shall be:
(1)
Made on the form provided by the Board; and
(2)
Completed fully and signed under oath by the individual applicant or representative member, if the applicant is an entity.
B.
In addition to satisfying the requirements of §A of this regulation, each application shall be accompanied by supporting documentation, including:
(1)
Whatever evidence the Board deems necessary to establish professional qualifications and experience; and
(2)
Certificates of insurance verifying that the applicant carries:
(a)
Commercial general liability insurance with a $300,000 total aggregate minimum; and
(b)
Workers’ compensation insurance, unless exempt by law.
Regulation .02 Application Form.LinkCopy Citation
A.
For all applicants, the application form shall require:
(1)
The name of the applicant;
(2)
The license category being applied for;
(3)
The address of the applicant’s principal place of business and each branch office;
(4)
Current and previous employment of the individual applicant or representative member, if the applicant is an entity, relevant to the field of marine contracting;
(5)
All trade or fictitious names the applicant intends to use while performing marine contractor services; and
(6)
A federal tax identification number.
B.
For entity applicants, in addition to the requirements in §A of this regulation, the application form shall require:
(1)
A list of the entity’s owners, members, or partners;
(2)
A designated representative member for the purpose of the application and examination; and
(3)
Verification that the representative member is a member of or employed by the entity.
Regulation .03 Incomplete Application.LinkCopy Citation
A.
An application is not complete until all required application documents, including the fee and supporting documentation, have been received by the Board.
B.
The Board may return an application to the applicant with a statement of the reason for rejection if the Board determines that the application does not contain:
(1)
The name and address for each individual applicant or entity owner;
(2)
The current and previous employment of the applicant relevant to the field of marine contracting;
(3)
The address of the applicant’s proposed principal place of business and each proposed branch office;
(4)
All trade or fictitious names that the applicant intends to use while performing marine contractor services; or
(5)
The application fee.
C.
The Board shall withhold final consideration of the application until the application is complete. If all requested supporting documents are not received within 90 days of receipt of the application, the Board shall notify the applicant of the missing documents.
D.
Applications for a license shall be held for 1 year from the date of the initial receipt, after which time the application will be terminated and the application fee forfeited.
Regulation .04 Action on an Application.LinkCopy Citation
A.
Except as provided in Regulation .03 of this chapter, the Board shall review all applications within 60 days of receipt of the completed application.
B.
Action on an application includes one of the following:
(1)
Return of the application if the Board determines that it is incomplete;
(2)
Approval of the applicant for examination for the appropriate category, as determined by the Board; or
(3)
Denial of the application for a license.
C.
Notification. The Board shall give written notification to an applicant of any action taken by the Board on the applicant’s application.
D.
Denial of Application for License.
(1)
The Board may deny an application for a license if the Board determines that the applicant has:
(a)
Failed to demonstrate that the applicant is eligible for examination under COMAR 26.28.01.03; or
(b)
Committed any act that would be a basis for disciplinary action under COMAR 26.28.04.01.
(2)
The Board shall notify an applicant of the basis for the denial by first-class mail.
E.
Reconsideration and Appeal of Application Denial.
(1)
An applicant may appeal the denial of the application under §D of this regulation by notifying the Board in writing by certified mail within 30 days of receipt of the Board’s decision.
(2)
In the case of a denial under §D(1)(a) of this regulation, an applicant may appeal the denial of the Board in writing by certified mail within 30 days of receipt of the Board’s decision by:
(a)
Submitting new or additional evidence to clarify or amplify the applicant’s qualifications; or
(b)
Requesting an informal meeting with the Board.
(3)
In the case of a denial under §D(1)(b) of this regulation, the applicant may appeal the denial by requesting a hearing in accordance with the procedures outlined in COMAR 26.28.04.
Regulation .05 Examination.LinkCopy Citation
A.
The Board shall notify the applicant of the applicant’s eligibility to take an examination for the appropriate license category at least 30 days before the next scheduled examination.
B.
The Board shall offer a written examination at least three times a year.
C.
The times and places within the State for the written examination shall be announced by the Board.
D.
The passing score for the examination is 70 percent.
E.
Except as provided in §F of this regulation, an applicant who fails the examination may apply for reexamination by submitting the examination fee.
F.
An applicant who has failed the examination three times may be required to appear in person before the Board and satisfy any additional requirements approved by the Board before reexamination
Regulation .06 License Issuance Fee.LinkCopy Citation
A.
After an applicant passes the examination, the applicant shall pay the license issuance fee as determined by the Board.
B.
Within 30 days of the receipt of the license issuance fee, the Board shall issue the license.
Regulation .07 License Renewal.LinkCopy Citation
A.
At least 2 months before a license expires, the Board shall send to the licensed marine contractor by first-class mail or electronically:
(1)
A renewal application; and
(2)
A notice that states:
(a)
The date on which the current license expires;
(b)
The date by which the Board must receive the renewal application for the renewal to be issued and mailed before the license expires; and
(c)
The amount of the license renewal fee.
B.
Failure to notify the licensed marine contractor does not relieve the licensee of the licensee’s obligation to renew the license, nor does it affect the expiration of the license.
C.
A license may be renewed for a 2-year period by the Board if the licensed marine contractor has:
(1)
Submitted an application for renewal before expiration date of the license;
(2)
Paid the license renewal fee established by Regulation .09 of this chapter;
(3)
Completed the necessary continuing education as required by COMAR 26.28.03 and submitted satisfactory evidence of compliance with the continuing education requirements;
(4)
Submitted satisfactory evidence of compliance with the insurance requirements as required by COMAR 26.28.02.01; and
(5)
If applicable, submitted satisfactory evidence of the resolution of any license violations, suspensions, denials, revocations, or other Board actions taken under this subtitle.
Regulation .08 Keeping Information Current; Change of Representative Member.LinkCopy Citation
A.
A licensed marine contractor shall keep its contact information current with the Board.
B.
Within 5 business days after any change of contact information, a licensed marine contractor shall submit to the Board written notice of:
(1)
Any change in the address or telephone number of an existing office or principal place of business; and
(2)
If the licensee is an entity, the addition of a branch office.
C.
A licensed entity shall keep current with the Board the identity of the person designated as the representative member.
D.
Within 5 business days after the change, a licensed entity shall submit to the Board a written request to designate a new representative member, which shall include:
(1)
The name of the newly designated representative member;
(2)
Verification that the newly designated representative member is a member of, or employed by, the entity; and
(3)
The qualifications of the newly designated representative member, as required under COMAR 26.28.01.03D.
E.
If the Board determines that a newly designated representative member is eligible to take the examination, the representative member shall take the examination on the next date on which the examination is scheduled.
Regulation .09 License Replacement or Modification.LinkCopy Citation
A.
A licensed marine contractor may obtain a duplicate license to replace a license that has been lost, destroyed, or mutilated if the licensee:
(1)
Makes a written request to the Board, and
(2)
Pays the license replacement fee to the Board.
B.
A licensed marine contractor may obtain a license modification, if the licensee:
(1)
Makes a written request to the Board, stating the reason for the request;
(2)
Provides the new or changed information to the Board, for example, an address change or, if the licensee is an entity, a name change; and
(3)
Pays the license modification fee to the Board.
Chapter annotations
Authority: Environment Article, Title 17, Subtitles 1—5, Annotated Code of Maryland
History: Effective date: March 18, 2024 (51:5 Md. R. 233)