§ 11-342. Administration of Division.

(a)

Disputes. Subject to the provision for recommendation by the Qualification Review Board and any governing body which is an interested party, any dispute concerning the purposes, provisions, and administration of this Division shall be subject to determination by the Fire Commission.

(b)

Determinations by Fire Commission. The Fire Commission shall have the specific authorities and responsibilities to render the following determinations provided in accordance with this Division:

(1)

Any dispute concerning the issuance or failure to issue any certificate provided in accordance with the purposes, provisions, and administration of Section 11-333(c);

(2)

Any determination concerning the qualification of any program, certification, or course as one which shall be deemed an equivalent course of study with respect to any other course enumerated herein, within the meaning of Section 11-331(a)(8) and purposes of this Division; and

(3)

Any request of appeal tendered by an interested party with respect to any prior adverse determination provided in accordance with this Division and rendered by the Qualifications Review Board or any governing body.

(c)

Determinations by a governing body. A governing body shall have the specific authorities and responsibilities to render the following determinations provided in accordance with this Division:

(1)

Any initial determination concerning the qualifications or compliance with applicable training requirements of any firefighter or EMS care provider in active status, or any applicant for such active status;

(2)

Any certification provided in accordance with the purposes, provisions, and administration of Section 11-333(c); and

(3)

Any determination concerning the qualification of any program, certification, or course as one which shall be deemed substantially related to firefighting or the provision of emergency medical services, or the operations and enforcement of the provisions of this Subtitle, and shall constitute continuing education within the meaning set forth in Section 11-331(a)(4) and for purposes of this Division.

(d)

Determinations by Qualifications Review Board. The Qualifications Review Board shall have the specific authorities and responsibilities as follows:

(1)

To evaluate and make recommendation with respect to any dispute made subject to determination by the Fire Commission pursuant to the provisions of this Division, including, without limitation, any dispute concerning the issuance or failure to issue any certificate provided in accordance with the purposes, provisions, and administration of Section 11-333(c);

(2)

To evaluate and develop recommendations concerning qualification of any program, certification, or course as one which shall be deemed substantially related to firefighting or the provision of emergency medical services, or the operations and enforcement of the provisions of this Subtitle, and shall constitute continuing education within the meaning set forth in Section 11-331(a)(4) and for purposes of this Division;

(3)

To make such general studies, surveys, inquiries, and evaluations concerning the improvement of qualifications or training for active status; and

(4)

To report its recommendations, findings, and evaluations to the Fire Commission.

(e)

Form and standards of determinations. Any determination made pursuant to the provisions of this Division by the Fire Commission, a governing body, or the Qualifications Review Board shall be rendered in writing, and shall be certificated through attestation by any officer so authorized by the governing body in interest, and shall be made upon the basis of a preponderance of the evidence.

(f)

Procedures; regulations. The Fire Commission shall promulgate its own rules and regulations as may be necessary and appropriate to execute its responsibilities under this Division; provided, such rules or regulations shall provide, among other things, that any appeal as provided under this Division shall be duly taken only upon the giving of timely notice thereof to the Qualifications Review Board and, further, shall provide that the Qualifications Review Board shall be afforded a period of not less than thirty (30), and not more than sixty (60) days, from the date of notice for the purpose of evaluating such appeal and making such recommendations as provided herein.

(CB-82-1994)