ROBERT L. EHRLICH, JR., Governor                                Ch. 5

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 38A, § 7(a)(1).

This section is revised in standard language used for the creation of a unit
of State government.

Defined term: "Department" § 6-101

6-302. STATE FIRE MARSHAL.

(A)     APPOINTMENT.

THE SECRETARY SHALL APPOINT A STATE FIRE MARSHAL FROM A LIST OF
THREE NAMES SUBMITTED BY THE COMMISSION.

(B)     QUALIFICATIONS.

THE STATE FIRE MARSHAL SHALL:

(1)      BE A GRADUATE OF AN ACCREDITED COLLEGE OR UNIVERSITY; AND

(2)      HAVE 5 YEARS OF RECENT PROGRESSIVELY RESPONSIBLE
EXPERIENCE, AT LEAST 3 YEARS OF WHICH SHALL HAVE BEEN AT THE
ADMINISTRATIVE LEVEL, IN FIRE PREVENTION INSPECTION, FIRE INVESTIGATION,
FIRE SAFETY PROMOTION, FIRE PROTECTION ENGINEERING, FIRE FIGHTING, OR
TEACHING FIRE SAFETY ENGINEERING.

(C)     TERM.

THE STATE FIRE MARSHAL SERVES FOR A TERM OF 6 YEARS.

(D)     EXECUTIVE SERVICE.

THE STATE FIRE MARSHAL IS IN THE EXECUTIVE SERVICE OF THE STATE
PERSONNEL MANAGEMENT SYSTEM.

(E)     REMOVAL.

(1)  AT ANY TIME, THE SECRETARY MAY REMOVE THE STATE FIRE
MARSHAL FOR NEGLECT OF DUTY OR OTHER CONDUCT UNBECOMING THE OFFICE.

(2)  THE COMMISSION MAY RECOMMEND TO THE SECRETARY THAT THE
STATE FIRE MARSHAL BE REMOVED FOR CAUSE.

(3)  (I) BEFORE REMOVING THE STATE FIRE MARSHAL, THE
SECRETARY SHALL GIVE THE STATE FIRE MARSHAL:

1.   TIMELY NOTICE WITH A STATEMENT OF THE CHARGES;
AND

2.   AN OPPORTUNITY FOR A PUBLIC HEARING ON THE
CHARGES.

(II) THE STATE FIRE MARSHAL MAY BE REPRESENTED AT THE
HEARING BY COUNSEL.

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