There is a State Board of Architects in the Department.
The Board consists of 7 members.
Of the 7 members of the Board:
5 shall be licensed architects; and
2 shall be consumer members.
The Governor shall appoint the members with the advice of the Secretary and the advice and consent of the Senate.
Each member of the Board shall be a resident and citizen of the State.
Of the 5 architect members of the Board:
at least 3 shall hold a professional degree from an architecture program accredited by the National Architectural Accrediting Board; and
each shall have practiced architecture in the State, in private practice as a primary vocation, for at least 10 years before appointment.
Each consumer member of the Board:
shall be a member of the general public;
may not be a licensee or otherwise be subject to regulation by the Board;
may not be required to meet the qualifications for the professional members of the Board; and
may not, within 1 year before appointment, have had a financial interest in or have received compensation from a person regulated by the Board.
While a member of the Board, a consumer member may not:
have a financial interest in or receive compensation from a person regulated by the Board; or
grade any examination given by or for the Board.
Before taking office, each appointee to the Board shall take the oath required by Article I, § 9 of the Maryland Constitution.
The term of a member is 5 years and begins on July 1.
The terms of members are staggered as required by the terms provided for members of the Board on October 1, 1989.
At the end of a term, a member continues to serve until a successor is appointed and qualifies.
A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
The Governor may remove a member for incompetence or misconduct.
Except as provided in paragraph (3) of this subsection and subject to paragraph (4) of this subsection, a member shall be considered to have resigned if the member did not attend at least two–thirds of the Board meetings held during any consecutive 12–month period while the member was serving on the Board.
The Governor may waive a member’s resignation and allow the member to continue serving if the member has been unable to attend meetings for reasons satisfactory to the Governor and the reasons are made public.
In accordance with § 8–501 of the State Government Article, the chairman shall provide notice to the Governor and the Governor shall appoint a successor.
From among the members of the Board and with the advice of the Secretary, the Governor shall appoint a chairman.
A majority of the authorized membership of the Board is a quorum.
The Board shall determine the times and places of its meetings and hearings.
A member of the Board:
may not receive compensation; but
is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
The Board may employ a staff in accordance with the State budget.
The Board may require the staff to be covered by a surety bond or an insurance policy of the type and in the amount of coverage determined by the State Treasurer under § 5–108 of the State Government Article.
At least annually, the chairman of the Board, the chairman of the State Board of Certified Interior Designers, the chairman of the State Board of Examiners of Landscape Architects, the chairman of the State Board for Professional Engineers, and the chairman of the State Board for Professional Land Surveyors shall meet to discuss issues of mutual importance to the design professions.
With the advice of the established architecture societies, the Board shall adopt, by regulation, a code of ethics for practicing architecture.
To enforce this title, the Board:
may conduct investigations and hold hearings on any matter covered by this title, at any time and place in the State; and
subject to the State budget, may employ an investigative staff to:
investigate a complaint; and
perform any other related duty, as assigned by the Board.
To enforce this title, the Board may:
administer oaths;
examine witnesses; and
receive evidence.
The Board may issue a subpoena for the attendance of a witness to testify or the production of evidence in connection with any investigation or hearing conducted under subsection (a) of this section.
A subpoena shall be signed by 3 members of the Board.
If a person fails to comply with a subpoena issued under this subsection, on petition of the Board, a circuit court may compel compliance with the subpoena.
The Board may sue in the name of the State to enforce any provision of this title by injunction.
In seeking an injunction under this subsection, the Board is not required to:
post bond; or
allege or prove either that:
an adequate remedy at law does not exist; or
substantial or irreparable damage would result from the continued violation of the provision.
A member of the Board or its staff may not be held personally liable for any action taken under this subsection in good faith and with reasonable grounds.
On request of any person and payment of a fee of $10, the Board shall certify the licensing or permit status and qualifications of any person who is the subject of the request.
Each certification under this section:
shall include a statement of the licensing or permit status of the person who is the subject of the request; and
may include:
information about the examination results and other qualifications of that person;
information about the dates of issuance and renewal of the license or permit of that person;
information about any disciplinary action taken against that person; and
if authorized by that person, information about any complaint against that person.
In addition to any powers set forth elsewhere, the Board may adopt:
any regulation to carry out this title; and
a seal.
In addition to any duties set forth elsewhere, the Board shall keep a record of its proceedings.
In this section, “code official” means a public official responsible for the review of building permit documents or the issuance of building permits.
The Board shall:
keep a list of the names and mailing addresses of all licensees;
provide each code official with a copy of the list annually; and
provide any other person who makes a request with a copy of the list at a reasonable fee set by the Board.
The Board shall provide all licensees and code officials with a periodic newsletter not less than semiannually on the activities of the Board.
The Board shall publish, on the Department website, the newsletter jointly with the State Board for Professional Engineers, the State Board of Certified Interior Designers, the State Board of Examiners of Landscape Architects, and the State Board for Professional Land Surveyors.
The Board shall distribute:
to each applicant for a license and each code official, a copy of the Maryland Architects Act and the Board’s rules and regulations;
on each renewal of a license, to each licensee, a copy of any amendments to the Maryland Architects Act and the Board’s rules and regulations that took effect during the 2-year period ending on the date of renewal; and
to each code official, a copy of any amendments to the Maryland Architects Act and the Board’s rules and regulations.
A licensee shall designate the licensee’s mailing address at the time of issuance of the license and on each renewal of the license.
The Board may set reasonable fees for its services.
The fees charged shall be set so as to produce funds to approximate the cost of maintaining the Board and shall be based on the calculations performed by the Secretary under § 2–106.2 of the Business Regulation Article.
The Board shall publish the fee schedule set by the Board by regulation.
The Board shall pay all fees collected under this title to the Comptroller of the State.
The Comptroller shall distribute the fees to the State Occupational and Professional Licensing Design Boards’ Fund established in § 2–106.1 of the Business Regulation Article.
Any person aggrieved by any final action of the Board may take an appeal as allowed in §§ 10-222 and 10-223 of the State Government Article.
The Board may appeal from a decision of the circuit court.
The Board exercises its powers, duties, and functions subject to the authority of the Secretary.