STATE BOARD OF HEATING, VENTILATION, AIR-CONDITIONING AND

REFRIGERATION CONTRACTORS

BUSINESS MEETING MINUTES

DATE: September 8, 2010

TIME: 10:05 a.m.

PLACE: 500 N. Calvert Street

2nd Floor Conference Room

Baltimore, Maryland 21202

PRESENT: James Johnson, Chair

Fred Matusky

Allen Clinedinst, III

George Warren

ABSENT: Robert Gawne

Rasheed Kerriem

STAFF PARTICIPATING: Steve Smitson, Assistant Commissioner,

Office of Home and Mechanical Services

Sloane Fried Kinstler, Assistant Attorney General

Patricia McCray, Administrative Officer

GUEST: Anthony S. Johnston, Policy Analyst

Department of Legislative Services

CALL TO ORDER

Chairman, James Johnson, called the Business Meeting of the State Board of Heating, Ventilation, Air-Conditioning and Refrigeration (“HVACR”) Contractors (“Board”) to order at 10:05 a.m.

APPROVAL OF MINUTES

The members of the Board reviewed the minutes of the July 14, 2010 Board meeting and

MOTION II was made by Mr. Matusky, seconded by Mr. Warren, and unanimously carried to approve the minutes with corrections to numbered motions on pages 2, 3 and 4.

APPLICATION REVIEW COMMITTEE REPORT

Staff submitted an oral report of reviewed applications during the July 14, 2010 meeting. A complete printed report and the total number of applications were made available for review. The report given is as follows and may be amended: The Application Review Committee reports that there were a total of 24 applications received for review, 18 original apprentice applications, 5 original apprentices referred for additional information and one original journey application referred for review for examination.

MOTION III was made by Mr. Matusky seconded by Mr. Warren and unanimously carried to approve the Application Review Committee report without correction.

COMPLAINT COMMITTEE REPORT

Complaint Committee submitted an oral report and a printed status report was made available for review. The report is as follows and may be amended: 141 complaints open, 2 complaints recommended closed, 14 complaints under investigation, 33 complaints for pre-charge review, 4 complaints with criminal charges, 2 complaints for OAH hearing, and 1 complaint inactive for this reporting period, July 15 through September 8, 2010.

MOTION IV was made by Mr. Warren, seconded by Mr. Matusky and unanimously carried to accept the Complaint Committee report.

OLD BUSINESS

Regulatory Process

Harry Loleas, Deputy Commissioner, explained to Board members the course of the regulatory process. First it is presented to the Administrative Executive and Legislative Review (AELR) Committee, the regulation can be held up at this junction or it can be stopped, officially the regulation is forwarded to the AELR Committee, the legal staff reviews it to determine if the regulation is legally valid and within the Board’s authority. Once the regulation is published in the Maryland Register it’s opened for 45-days for public comment. After the 45-days expires the

Board may review all public comments. During the public hearing members of the Board will not respond to the designated speakers or deliberate in an effort to hear from all attendees and gather information on public view to determine how best the Board may serve the public.

Motion V was made by Mr. Matusky, seconded by Mr. Warren, that the public hearing will be held on December 8, 2010 time to be determined and final action taken January 12, 2011 unanimously carried that the Board has full authority of approval, but will hold those items presented highly questionable for full Board review.

CORRESPONDENCE

None.

PSI

Candidates Tested / Passed / Failed / Pass %
Total / 70 / 26 / 40 / 37%

Board members are asking to review examination questions to determine relevance:

- review of missed questions frequently

- which questions chosen by candidates

- determine to eliminate or change questions

PSI is scheduled to meet with the Board either late fall or early winter.

Delaware License Reciprocity

Harry Loleas, Deputy Commissioner has the letter of agreement under the Delaware Board chairman and a copy will be provided in each Board member’s folder at next month’s meeting.

COUNSEL'S REPORT

None.

CHAIRMAN’S REPORT

None.

Adjournment

MOTION VI made by Mr. Warren, seconded by Mr. Matusky and unanimously carried to adjourn. There being no further business meeting was adjourned at 1:00 p.m.

Approved without corrections

√ Approved with corrections

James Johnson November 10, 2010

James Johnson, Chairman Date

IT WAS DETERMINED THAT THE NEXT MEETING OF THE BOARD WILL BE HELD ON WEDNESDAY, OCTOBER 13, 2010 AT 9:30 A.M. IN THE 3rd FLOOR CONFERENCE ROOM AT 500 N. CALVERT STREET.

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