Md. Code Regs. 26.30.01.01

Current through Register Vol. 51, No. 21, October 18, 2024

Section 26.30.01.01 - Definitions

A. In this subtitle, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Approved continuing education" means courses of study or programs of instruction in an area of marine construction and related subjects that are designed to improve, advance, or extend professional skill and knowledge relating to the practices of a marine contractor and that are approved by the Board in accordance with the requirements of this subtitle.

(2) "Board" means the Marine Contractors Licensing Board.

(3) "Credit hour" means the amount of time, usually 1 hour per 50 minutes of instruction, that is accredited by the Board or the institution sponsoring the continuing education.

(4) "Entity" means a business with its principal office in the State that employs more than one individual and provides marine contractor services in the State.

(5) "Gross negligence" means an intentional failure of a licensee or applicant for a license to perform an action or inaction as expected by the profession under the same circumstances, in reckless disregard of the consequences as affecting the life or property of another.

(6) "Hours of approved continuing education" means the value given by the Board for participation in continuing education.

(7) "Incompetence" means an action or inaction by a licensee or an applicant for a license which demonstrates a general lack of knowledge or ability to perform marine contractor services.

(8) "License" means a professional license issued by the Board under this subtitle to an individual or entity to perform marine contractor services in the State.

(9) "License renewal period" means the 24-month period immediately preceding the expiration date of the license.

(10) "Licensed marine contractor" means an individual or entity that has received a license from the Board to perform marine contractor services.

(11) "Licensee" means licensed marine contractor.

(12) Marine Contractor Services.

(a) "Marine contractor services" means construction, demolition, installation, alteration, repair, or salvage activities located in, on, or under State or private tidal wetlands.

(b) "Marine contractor services" includes:

(i) Dredging and filling;

(ii) The construction, demolition, installation, alteration, repair, or salvage of structures, including boathouses, boat or other personal watercraft lifts or ramps, slips, docks, floating platforms, moorings, piers, pier access structures, pilings, wetland observation platforms, wetland walkways, and wharfs;

(iii) The construction, demolition, installation, alteration, repair, or salvage of stabilization and erosion control measures, including revetments, breakwaters, bulkheads, groins, jetties, stone sills, marsh establishments, and beach nourishment or other similar projects; and

(iv) Activities that require authorization under Environment Article, Title 16, Annotated Code of Maryland.

(13) "Misconduct" means an action or inaction by a licensee or an applicant for a license that is deficient from the action or inaction expected by the profession under the same circumstances.

(14) "Representative member" means the individual member of an entity appointed for the purposes of submitting an application for a license on behalf of the entity.

(15) "Similar contractor experience" means construction, demolition, installation, alteration, repair, or salvage activities located above the mean hide tide and requiring authorization from the Department, in accordance with Environment Article, Title 5, Subtitles 5 and 9, Annotated Code of Maryland.

(16) Solicit to Perform.

(a) "Solicit to perform" means to try to obtain either directly or indirectly a job from a customer or potential customer to perform marine contractor services.

(b) "Solicit to perform" does not include responding to a request for a proposal or a bid solicitation issued by an agency of the federal, State, or local government or a general contractor.

Md. Code Regs. 26.30.01.01

Regulation .01 adopted effective 51:5 Md. R. 233, eff. 3/18/2024.