Subject to the provisions of this section, a professional land surveyor may practice land surveying for others through:
a corporation as an officer, employee, or agent of the corporation;
a partnership as a partner, employee, or agent of the partnership; or
a limited liability company as a member, employee, or agent of the limited liability company.
Subject to the provisions of this section, a licensed property line surveyor may practice property line surveying through:
a corporation as an officer, employee, or agent of the corporation;
a partnership as a partner, employee, or agent of the partnership; or
a limited liability company as a member, employee, or agent of the limited liability company.
Subject to the provisions of this subtitle, a corporation, partnership, or limited liability company may provide land surveying services through a professional land surveyor or property line surveying services through a licensed property line surveyor.
A professional land surveyor who practices land surveying through a corporation, partnership, or limited liability company under this section shall be subject to all of the provisions of this title that relate to practicing land surveying.
A licensed property line surveyor who practices property line surveying through a corporation, partnership, or limited liability company under this section shall be subject to all of the provisions of this title that relate to practicing property line surveying.
A corporation, partnership, or limited liability company that provides land surveying services or property line surveying services under this section is not, by its compliance with this section, relieved of any responsibility that the corporation, partnership, or limited liability company may have for an act or omission of its officer, partner, member, employee, or agent.
An individual who practices land surveying or property line surveying through a corporation, partnership, or limited liability company, is not, by reason of the individual’s employment or other relationship with the corporation, partnership, or limited liability company, relieved of any individual responsibility that the individual may have regarding that practice.
Except as provided in subsection (b) of this section, a corporation, partnership, or limited liability company shall hold a permit issued by the Board before the corporation, partnership, or limited liability company may operate a business through which land surveying or property line surveying is practiced.
A corporation, partnership, or limited liability company may provide land surveying or property line surveying services for itself or for an affiliated corporation, partnership, or limited liability company without a permit issued by the Board.
To qualify for a permit, a corporation, partnership, or limited liability company shall meet the requirements of this section.
A corporation, partnership, or limited liability company shall appoint at least one person in responsible charge of the professional land surveying or property line surveying services performed or offered to be performed through the corporation, partnership, or limited liability company.
A person in responsible charge shall be:
in direct control of professional land surveying or property line surveying services performed or offered to be performed through the corporation, partnership, or limited liability company;
in a position to act on behalf of, and be responsible for, the corporation, partnership, or limited liability company in matters related to the practice of professional land surveying or property line surveying; and
a professional land surveyor or licensed property line surveyor in good standing.
A licensee may not be designated as a person in responsible charge for more than one corporation, partnership, or limited liability company that provides or offers to provide professional land or property line surveying services without the prior approval of the Board.
An applicant for a permit shall:
submit to the Board an application on the form that the Board provides; and
pay to the Board a nonrefundable application fee set by the Board.
In addition to any other information required on an application form, the form shall require the following:
the name and address of at least one person in responsible charge of land surveying or property line surveying services performed or offered to be performed through the corporation, partnership, or limited liability company; and
evidence acceptable to the Board that a person in responsible charge is an employee, an owner, a director, an officer, a member, or a partner, as applicable, of the entity seeking a permit.
The Board shall issue a permit to each applicant who meets the requirements of this subtitle and pays to the Board a permit fee set by the Board.
Subject to subsection (b) of this section and while a permit is in effect, it:
authorizes the holder to:
operate a business through which land surveying is practiced; and
represent to the public that the holder provides the services of a professional land surveyor; or
authorizes the holder to:
operate a business through which property line surveying is practiced; and
represent to the public that the holder provides the services of a licensed property line surveyor.
A permit authorizes the holder to provide a service that constitutes practicing land surveying or property line surveying only if the service is performed by an individual who is licensed or otherwise authorized under this title to practice.
Unless a permit is renewed for a 2–year term as provided in this section, the permit expires on the first June 30 that comes:
after the effective date of the permit; and
in an odd–numbered year.
At least 1 month before a permit expires, the Board shall mail or electronically transmit to the permit holder:
a renewal application form; and
a notice that states:
the date on which the current permit expires; and
the amount of the permit fee.
If an electronic transmission under paragraph (1) of this subsection is returned to the Board as undeliverable, the Board shall mail to the permit holder, at the last known address of the permit holder, 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.
Before a permit expires, the permit holder periodically may renew it for an additional 2–year term, if the holder:
submits to the Board a renewal application on the form that the Board provides; and
pays to the Board a permit fee set by the Board.
The renewal application form shall require the same information required on the original application form under § 15–403(b) of this subtitle.
The Board shall renew the permit of each permit holder who meets the requirements of this section.
Within 1 month after the effective date of the change or occurrence, a permit holder shall notify the Board in writing if there has been a change in:
the identity of the person in responsible charge of land surveying or property line surveying services performed or offered to be performed through the corporation, partnership, or limited liability company; or
the name of the corporation, partnership, or limited liability company.
Subject to the hearing provisions of § 15–409 of this subtitle, the Board, on the affirmative vote of a majority of its members then serving, may deny a permit to any applicant, reprimand a permit holder, or suspend or revoke a permit if:
the applicant or permit holder fraudulently or deceptively obtains or attempts to obtain a permit; or
the permit holder fraudulently or deceptively uses a permit.
In addition to a sanction imposed under subsection (a) of this section, the Board may impose a penalty not exceeding $5,000 for:
each violation for which a denial, reprimand, suspension, or revocation was imposed under subsection (a) of this section; and
each failure to meet or continue to meet the qualifications or requirements set forth in this subtitle.
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 permit holder or the applicant; and
any history of previous violations by the permit holder or the applicant.
The Board shall pay any penalty collected under subsection (b) of this section into the General Fund of the State.
Except as otherwise provided in § 10–226 of the State Government Article, before the Board takes any final action under § 15–408 of this subtitle, it shall give the person against whom the action is contemplated an opportunity for a hearing before the Board.
The Board shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.
At least 30 days before the hearing, the hearing notice and a copy of the complaint shall be:
served personally on the applicant or on a person in responsible charge of land surveying or property line surveying practiced through the entity holding the permit or a person designated as a resident agent to receive process on behalf of the entity; or
mailed to the last known business address of the entity holding the permit.
If, after due notice, the person against whom the action is contemplated fails or refuses to appear, the Board may hear and determine the matter.
For the limited purpose set forth in paragraph (2) of this subsection, a permit shall remain in effect and does not expire by operation of law while the permit holder is under investigation by the Board or awaiting a hearing or disposition on charges subject to disciplinary action under this subtitle.
An extension of a permit term under this subsection is effective only for the purpose of retaining the jurisdiction of the Board over the permit holder during the course of disciplinary proceedings and does not prevent the permit from expiring for any other purpose.
Unless the Board agrees to accept the surrender, a permit holder may not surrender a permit while the holder is under investigation or awaiting a hearing or disposition on charges subject to disciplinary action under this subtitle.
A corporation, partnership, or limited liability company whose permit has been suspended or revoked under § 15–408 of this subtitle may not offer or provide land surveying or property line surveying services until the suspension is lifted or the permit is reinstated.
Subject to the provisions of this section, the Board may reinstate:
a permit that has been revoked; or
before fulfillment of the conditions of the suspension, a permit that has been suspended.
A permit may be reinstated under this section only if:
the corporation, partnership, or limited liability company whose permit has been revoked or suspended submits a written request to the Board; and
the corporation, partnership, or limited liability company pays to the Board a reinstatement fee set by the Board.
The Board, by an affirmative vote of a majority of its members then serving, shall vote on the request for reinstatement or lifting of the suspension within 60 days of receipt of the written request.
The Board may reinstate the permit of a corporation, partnership, or limited liability company that has failed to renew the permit for any reason if the corporation, partnership, or limited liability company:
otherwise is entitled to a permit; and
pays to the Board a reinstatement fee set by the Board.
After the Board reinstates a permit, the permit holder shall continue to comply with all applicable requirements set forth in this subtitle.