Except as otherwise provided in this title or §§ 10–14A–03 and 10–14B–03 of the State Government Article, an individual shall be licensed by the Board before the individual may practice engineering in the State. This section does not apply to: an individual who practices engineering while performing official duties as an officer or employee of the federal government; a regular employee of a public utility company while providing engineering services to any facility of the company that the State or federal government regulates to safeguard life, health, and property; an officer or employee of a corporation, while the officer or employee practices engineering under the conditions authorized under § 14-302 of this subtitle; an employee or other subordinate of a professional engineer, while the subordinate practices engineering under the conditions authorized under § 14-303(a)(1) of this subtitle; or an employee of an individual who is not a professional engineer but who, nevertheless, is authorized to practice engineering, while the employee practices engineering under the conditions authorized under § 14-303(a)(2) of this subtitle.

An officer or employee of a corporation may practice engineering without a license if: the corporation is engaged in research and development engineering for the federal government; and the work of the officer or employee relates to that research and development engineering. An officer or employee of a corporation may practice engineering without a license if: the corporation is engaged in: manufacturing; industrial processes; industrial engineering; or maintenance and repair of structures or equipment used in industrial processes or manufacturing; and the work of the officer or employee relates to the products or systems of the corporation or its subsidiaries or affiliates. An officer or employee of a corporation may practice engineering under this section only as the practice relates to the officer’s or employee’s work for the corporation.

Subject to this section, the following individuals may practice engineering without a license: an employee or other subordinate of a professional engineer; and an employee of an individual who is not licensed but is otherwise authorized under this title to practice engineering without supervision. The authority to practice engineering under this section applies only while the employee or other subordinate works under the responsible charge of the licensee or other authorized individual.

To qualify for a license, an applicant shall be an individual who meets the requirements of this section. The applicant shall be of good character and reputation. The applicant shall meet the educational and experience requirements under and, except as otherwise provided in this subtitle, shall pass each examination required under § 14-305 of this subtitle.

In addition to the other qualifications for a license set forth in this subtitle, an applicant shall qualify under this section by meeting the educational and experience requirements set forth in subsection (b), (c), or (d) of this section. An applicant qualifies under this section if the applicant: has been graduated from a college or university on completion of at least a 4–year curriculum in engineering, or its equivalent, that the Board approves; subject to paragraph (2) of this subsection, has at least 4 years of work experience in engineering that is satisfactory to the Board and that indicates to the Board that the applicant may be competent to practice engineering; has passed the examination in the fundamentals of engineering given by the Board under this subtitle; and after passing the examination in fundamentals, has passed the examination in the principles and practice of engineering given by the Board under this subtitle. If an applicant has completed graduate study in engineering that is satisfactory to the Board, it may allow the applicant up to a 1–year credit toward the experience requirement of paragraph (1)(ii) of this subsection. An applicant qualifies under this section if the applicant: has been graduated from a college or university on completion of at least a 4–year curriculum in engineering, or its equivalent, that the Board has not approved; has at least 8 years of work experience in engineering that is satisfactory to the Board and that indicates to the Board that the applicant may be competent to practice engineering; has passed the examination in the fundamentals of engineering given by the Board under this subtitle; and after passing the examination in fundamentals, has passed the examination in the principles and practice of engineering given by the Board under this subtitle. An applicant qualifies under this section if the applicant: subject to paragraph (2) of this subsection, has at least 12 years of work experience in engineering that is satisfactory to the Board and that indicates to the Board that the applicant may be competent to practice engineering; and has passed the examination in the fundamentals of engineering given by the Board under this subtitle; and after passing the examination in the fundamentals of engineering, has passed the examination in the principles and practice of engineering given by the Board under this subtitle. If an applicant has completed 1 or more years of a college or university curriculum in engineering that the Board approves, it may allow, for each of those years, a 1–year credit towards the experience requirement of paragraph (1)(i) of this subsection. If an applicant has completed 1 or more years of a college or university curriculum in engineering that has not been approved by the Board, the Board may allow, for each of those years, a credit of up to 6 months towards the experience requirement under paragraph (1)(i) of this subsection. If an applicant has taught undergraduate or graduate courses in the practice of engineering or has directed engineering research and projects in the applicant’s field in a college or university offering an engineering curriculum that is approved by the Board, the Board may count the teaching experience as work experience for purposes of the experience requirements under any subsection of this section.

An applicant for a license shall: submit to the Board: an application on the form that the Board provides; and any relevant document that the Board requires; and pay to the Board or the Board’s designee: a nonrefundable application fee set by the Board; and an examination fee set by the Board in an amount not to exceed the cost of the required examinations. The application form shall require: a statement about the education of the applicant; a statement about the engineering experience of the applicant; a list of at least 5 references, which, unless excused by the Board, shall include at least 3 professional engineers who have personal knowledge of the applicant’s engineering experience; and any other relevant information that the Board requires. An application shall be made under oath. If the Board finds that an application form and the accompanying documentation do not demonstrate that the applicant meets the requirements for a license under this subtitle, the Board may require the applicant to submit additional information or documentation.

Except as otherwise provided in § 14-307.1 of this subtitle, an applicant who otherwise qualifies for a license is entitled to be examined as provided in this section. Subject to § 14-310 of this subtitle, an individual may take the examination in the fundamentals of engineering before meeting other qualifications for a license. The Board periodically shall give the examinations required under this subtitle to qualified applicants at the times and places that the Board determines. The Board shall give each qualified applicant notice of the time and place of examination. As provided under § 14–305 of this subtitle, the Board shall give the following 2 separate examinations: the examination in the fundamentals of engineering; and the examination in the principles and practice of engineering. The Board shall determine the subjects, scope, and form of and method of grading and passing scores for examinations given under this subtitle. The Board shall structure the examinations to test the ability of an applicant to design, plan, and direct engineering works in order to ensure the safety of life, health, and property.

The Board may use a testing service to administer the examinations required under this subtitle. If the Board uses a testing service, the testing service, subject to the requirements set by the Board, may: set the time and place of examinations; give qualified applicants notice of the time and place of examinations; and furnish any other information that the Board may require the testing service to provide.

If an applicant fails an examination given under this subtitle, the Board or its designee shall provide notice of the failure to the applicant. Subject to the provisions of this subsection, an applicant who fails an examination may review the applicant’s examination in accordance with the Council’s review policies unless the policies have been otherwise amended by the Board. To conduct a review under this subsection, an applicant shall submit a written request to the Board within 60 days after the date the applicant is notified of the applicant’s failure of the examination. An applicant who does not request review in accordance with paragraph (2) of this subsection waives the right to review under this subsection. The Board shall confirm the test score of any applicant who fails an examination given under this subtitle if the applicant: submits a written request to the Board in accordance with its regulations; and pays to the Board the fee set by the Board. Subject to this subsection, an applicant who fails an examination 3 times may have a conference with a member of the Board. To have a conference under this subsection, an applicant shall submit a written request to the Board within 45 days after the date on which the Board mails notice of the applicant’s 3rd failure. An applicant who does not request a conference in accordance with paragraph (2) of this subsection waives the right to have a conference under this subsection.

Subject to this section, if an applicant fails an examination given under this subtitle, the applicant may retake the examination in accordance with the Council’s reexamination policies unless the policies have been otherwise amended by the Board. An applicant for reexamination shall: submit to the Board a request for reexamination on the form that the Board provides; and pay to the Board or the Board’s designee the reexamination fee set by the Board in an amount not to exceed the cost of the examination. The Board may adopt regulations to set conditions for retaking examinations, including requirements that an applicant: wait a reasonable period after failing an examination; and provide evidence acceptable to the Board of updated experience or education. A reexamination fee paid under subsection (b)(2) of this section is not refundable.

An individual may apply to the Board or the Board’s designee to take the Fundamentals of Engineering examination before the individual completes the requirements set forth in § 14–305(b) and (c) of this subtitle. If an individual passes the Fundamentals of Engineering examination and elects to obtain from the Board, on payment of a certification fee set by the Board, a certificate that states that the individual is an engineer–in–training, the Board shall: keep a record that the individual passed the examination; and issue to the individual a certificate that states that the individual is an engineer–in–training because the individual has passed the examination and that sets forth: the full name of the individual; a certificate number assigned by the Board to the individual; and the signature of an authorized official of the Board, under seal of the Board.

Subject to the provisions of this section, the Board may issue a license by reciprocity to practice engineering in this State to an individual who is currently licensed to practice engineering in another state or territory of the United States or in a foreign country. The Board may issue a license under this section only if the applicant: is of good character and reputation; pays to the Board: a nonrefundable application fee set by the Board; and a license fee set by the Board; and provides adequate evidence that: at the time the applicant was licensed by the other state, territory, or foreign country, the applicant met requirements that were equivalent to those then required by the laws of this State; or at the time of application for licensure by reciprocity under this section, the applicant meets the requirements currently required by the laws of this State. An engineer who is licensed by the Board by reciprocity may not be required to maintain licensure in any other state, territory, or foreign country as a condition of maintaining the license granted by the Board.

If an applicant qualifies for a license under this subtitle, the Board shall send the applicant a notice that states that: the applicant has qualified for a license; and on receipt of a license fee set by the Board, the Board will issue a license to the applicant. On payment of the license fee, the Board shall issue a license to each applicant who meets the requirements of this subtitle. The Board shall include on each license that the Board issues: the full name of the licensee; and the registration number assigned by the Board to the licensee. Subject to any regulation that the Board adopts, it shall replace any lost, mutilated, or destroyed license certificate on: request of the licensee; and payment of the replacement fee set by the Board.

While a license is in effect, it authorizes the licensee to practice engineering.

Unless a license is renewed for a 2–year term as provided in this section, the license expires on the first June 30 that comes: after the effective date of the license; and in an even–numbered year. At least 1 month before a license expires, the Board shall mail or electronically transmit to the licensee: a renewal application form; and a notice that states: the date on which the current license expires; and the amount of the license fee. If an electronic transmission under paragraph (1) of this subsection is returned to the Board as undeliverable, the Board shall mail to the licensee, at the last known address of the licensee, the materials required under paragraph (1) of this subsection within 10 business days of the date the Board received the notice that the electronic transmission was undeliverable. The failure of a licensee to receive the notice for which this subsection provides does not prevent the license from expiring as specified under subsection (a) of this section. Before a license expires, the licensee periodically may renew it for an additional 2–year term, if the licensee: otherwise is entitled to be licensed; pays to the Board a license fee set by the Board; and submits to the Board a renewal application on the form that the Board provides. The Board shall renew the license of and issue a renewal certificate to each licensee who meets the requirements of this section. The Board shall include on each renewal certificate that the Board issues: the date on which the current license expires; and the signatures of the chairman and secretary of the Board, under seal of the Board. The Secretary may determine that licenses issued under this subtitle shall expire on a staggered basis. The Board shall adopt regulations to require a demonstration of continuing professional competency for a licensee as a condition of renewal of a license under this section in accordance with the following: continuing professional competency requirements do not apply to the first renewal of a license; if a license expires on or before September 30, 2012, a licensee is not required to fulfill the continuing professional competency requirements; if a license expires between October 1, 2012, and September 30, 2013, a licensee is required to fulfill 50% of the continuing professional competency requirements as provided in the regulations adopted by the Board under this subsection; and if a license expires on or after October 1, 2013, a licensee is required to fulfill the full continuing professional competency requirements as provided in the regulations adopted by the Board under this subsection.

The Board shall reinstate the license of an individual who, for any reason, has failed to renew the license if the individual: applies to the Board for reinstatement within 2 years after the license expires; meets the renewal requirements of § 14–314 of this subtitle; and except as otherwise provided in subsection (c) of this section, pays to the Board a reinstatement fee set by the Board. If an individual has failed to renew a license for any reason and then applies to the Board for reinstatement more than 2 years after the license has expired, the Board may: require the individual to reapply for a license in the same manner as an applicant applies for an original license under this subtitle; or subject to paragraph (2) of this subsection, reinstate the license. The Board may reinstate a license under paragraph (1)(ii) of this subsection only if the individual: meets the renewal requirements of § 14–314 of this subtitle; if required by the Board, states reasons why reinstatement should be granted; and except as otherwise provided in subsection (c) of this section, pays to the Board a reinstatement fee set by the Board. The Board may waive a reinstatement fee for a licensee who provides evidence satisfactory to the Board that the licensee did not practice engineering during the time the license lapsed.

The Board may issue a retired status license to an individual who: is currently licensed in Maryland as a professional engineer; has been licensed as a professional engineer for at least 25 years, of which at least 5 years were in Maryland; is not the subject of a pending disciplinary action related to the practice of engineering in this or any other state; submits to the Board an application on the form approved by the Board; and pays to the Board a fee as set by the Board. The holder of a retired status license issued under this section may not engage in the practice of professional engineering. The holder of a retired status license shall be permitted to use the designation of “Professional Engineer, Retired”. The Board may reactivate the license of the holder of a retired status license if that individual: submits to the Board an application for reactivation on the form approved by the Board; meets all applicable continuing competency requirements determined by the Board; is not the subject of a pending disciplinary action related to the practice of engineering in this or any other state; and pays to the Board a reactivation fee as set by the Board.

Subject to the hearing provisions of § 14–319 of this subtitle, the Board, on the affirmative vote of a majority of its members then serving, may deny a license to any applicant, reprimand any licensee, or suspend or revoke a license if: the applicant or licensee fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another; the applicant or licensee fraudulently or deceptively uses a license; under the laws of the United States or of any state, the applicant or licensee is convicted of: a felony; or a misdemeanor that is directly related to the fitness and qualification of the applicant or licensee to practice engineering; the applicant or licensee is guilty of gross negligence, incompetence, or misconduct while practicing engineering; the applicant or licensee has had a license to practice engineering in another state revoked or suspended by the other state for a cause that would justify revocation or suspension under this title, except for the failure to pay a license fee; the applicant or licensee violates any regulation adopted by the Board; or the applicant or licensee violates any provision of this title. Instead of or in addition to reprimanding a licensee or suspending or revoking a license under this subsection, the Board may impose a penalty not exceeding $5,000 for each violation. To determine the amount of the penalty imposed under this subsection, the Board shall consider: the seriousness of the violation; the harm caused by the violation; the good faith of the licensee; and any history of previous violations by the licensee. The Board shall pay any penalty collected under this subsection into the General Fund of the State. The Board shall consider the following facts in the granting, denial, renewal, suspension, or revocation of a license or the reprimand of a licensee when an applicant or licensee is convicted of a felony or misdemeanor described in subsection (a)(1)(iii) of this section: the nature of the crime; the relationship of the crime to the activities authorized by the license; with respect to a felony, the relevance of the conviction to the fitness and qualification of the applicant or licensee to practice engineering; the length of time since the conviction; and the behavior and activities of the applicant or licensee before and after the conviction.

Subject to the provisions of this section, the Board shall commence proceedings under § 14-317 of this subtitle on a complaint made to the Board by a member or any other person. A complaint shall: be in writing; state specifically the facts on which the complaint is based; and be submitted to the secretary of the Board. If the complaint is made by any person other than a member of the Board, the complaint shall be made under oath by the person who submits the complaint. If the Board finds that a complaint alleges facts that are adequate grounds for action under § 14-317 of this subtitle, the Board shall act on the complaint as provided under § 14-319 of this subtitle. If the Board does not make that finding, it shall dismiss the complaint.

Except as otherwise provided in § 10-226 of the State Government Article, before the Board takes any final action under § 14-317 of this subtitle, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board. A hearing shall be set down within a reasonable time, not exceeding 6 months, after the Board brings charges against a licensee. The Board shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article. The Board may administer oaths in connection with any proceeding under this section. At least 30 days before the hearing, the hearing notice and a copy of the complaint shall be: served personally on the individual; or mailed to the last known address of the individual. The individual may be represented at the hearing by counsel. If, after due notice, the individual against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter.

Subject to any regulation that the Board adopts, it may reinstate a license that has been revoked. A license may be reinstated under this section only on: the affirmative vote of a majority of the members of the Board then serving; and payment to the Board of a reinstatement fee set by the Board.