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Statutes Text

Article - Labor and Employment




§9–302.

    (a)    The Commission consists of 10 members, appointed by the Governor with the advice and consent of the Senate.

    (b)    (1)    Each member of the Commission:

            (i)    at the time of appointment, shall be at least 30 years old; and

            (ii)    for at least 5 years immediately before appointment, shall have been a resident of the State.

        (2)    Each member of the Commission shall:

            (i)    be a resident of the State;

            (ii)    be a citizen and qualified voter of the State;

            (iii)    have been admitted to practice law in the State; and

            (iv)    be distinguished for integrity, sound legal knowledge, and wisdom.

    (c)    Before taking office, each appointee to the Commission shall take the oath required by Article I, § 9 of the Maryland Constitution.

    (d)    (1)    The term of a member is 12 years.

        (2)    The terms of members are staggered as required by the terms provided for members of the Commission on October 1, 1991.

        (3)    At the end of a term, a member continues to serve until a successor is appointed and qualifies.

        (4)    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.

    (e)    (1)    Subject to the hearing requirements of this subsection, the Governor may remove a member from office for:

            (i)    inefficiency;

            (ii)    neglect of duty; or

            (iii)    malfeasance in office.

        (2)    Before the Governor removes a member, the Governor shall give the member:

            (i)    a copy of the charges against the member; and

            (ii)    an opportunity for a public hearing.

        (3)    At least 10 days before the hearing, the Governor shall give the member notice of the time and place of the hearing.

        (4)    The member may be represented at the hearing by counsel.

    (f)    (1)    In this subsection, “former commissioner” means a commissioner who previously served as a member of the Commission.

        (2)    Except as provided in subsection (c) of this section, the Chairman may assign a former commissioner to conduct hearings if the former commissioner:

            (i)    served, in the aggregate, at least 3 years as a commissioner;

            (ii)    meets the standards established by this section as well as any additional standards established by rules of the Commission; and

            (iii)    consents to the temporary assignment.

        (3)    A former commissioner may not be recalled for temporary assignment if the commissioner:

            (i)    was removed or involuntarily retired from the Commission pursuant to the Constitution or laws of this State;

            (ii)    voluntarily retired by reason of disability; or

            (iii)    had the most recent service as a commissioner terminated by rejection of confirmation by the Senate.

        (4)    (i)    A former commissioner recalled under this section may not be temporarily assigned for more than 120 working days in any calendar year.

            (ii)    If on the 120th working day in a calendar year that a former commissioner has served in a temporary assignment under this section the hearing on the case then being heard by the commissioner is not concluded, the Commission may extend the commissioner’s assignment until that case is concluded.

        (5)    A former commissioner temporarily assigned under this section has all the power and authority of a member of this Commission.

        (6)    (i)    1.    Notwithstanding the receipt of a retirement allowance, a former commissioner temporarily assigned under this section shall receive per diem compensation for each day actually engaged in the discharge of Commission duties.

                2.    The per diem shall be based on the current annual salary of a member of the Commission and computed on the basis of 246 working days a year.

                3.    If the sum of the per diem payments received by a former commissioner in any one calendar year, when added to the retirement allowance the former commissioner is entitled to receive during that calendar year, equals the annual salary of a member of the Commission, no further per diem may be paid to the former commissioner in that calendar year.

            (ii)    1.    A deduction may not be withheld for health benefits or retirement purposes from the compensation paid to a former commissioner during the time of the temporary assignment.

                2.    A commissioner on temporary assignment does not earn additional creditable service under the State retirement or pension system.

            (iii)    In addition to the per diem compensation provided for in subparagraph (i) of this paragraph, a former commissioner shall be reimbursed for reasonable expenses actually incurred by reason of the temporary assignment, in accordance with Standard State Travel Regulations.

        (7)    The Commission shall adopt regulations consistent with those for the recall of former circuit and District Court judges.



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