In this subtitle, “Council” means the National Council of Architectural Registration Boards.

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 architecture in the State. An architect who resides outside the State and meets the requirements for a license by reciprocity under § 3–306 of this subtitle may: offer to practice architecture in the State; and accept a commission to practice architecture in the State. Notwithstanding paragraph (1) of this subsection, the architect shall be licensed by the Board before the architect may practice architecture in the State.

To qualify for a license, an applicant shall be an individual who meets the requirements of this section. An applicant shall be of good character and reputation. Except as provided in paragraph (2) of this subsection, the applicant shall: hold a degree in architecture from: a school of architecture that is located in the United States and that, within 2 years after the applicant’s graduation, holds accredited status from the National Architectural Accrediting Board; or a foreign school of architecture that the Board determines is comparable to an accredited school of architecture in the United States; and have practical work experience or additional academic training in architecture that the Board considers appropriate. The Board shall exempt an applicant from the degree requirements of paragraph (1)(i) of this subsection if the applicant has practical work experience and academic training in architecture that the Board considers appropriate. Except as otherwise provided in this subtitle, an applicant shall pass the examination given by the Board under this subtitle. In addition to the other requirements of this section, the Board may require an applicant to satisfy any additional licensing requirements that the Board adopts from the licensing guidelines published by the Council.

An applicant for a license shall: submit to the Board an application on the form that the Board provides; 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 examination.

Except as otherwise provided in § 3-305.1 of this subtitle, an applicant who otherwise qualifies for a license is entitled to be examined as provided in this section. The Board shall give examinations to qualified applicants at least once a year at the time and place that the Board determines. The Board shall give each qualified applicant notice of the time and place of examination. The Board shall determine the subjects, scope, and form of and the passing score for examinations given under this title. The Board may adopt an examination or a recommended grading procedure of the Council or any similar organization.

The Board may use a testing service to administer examinations given under this title. 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.

Subject to the provisions of this section, the Board may issue a license by reciprocity to practice architecture in the State to an individual who: is licensed to practice architecture in another state or country; or is certified by the Council under subsection (c) of this section. The Board may issue a license by reciprocity under this section for an applicant who is licensed to practice architecture in another state or country 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: the applicant became licensed in the other state or country after meeting, in that or any other state or country, requirements that were at least equivalent to those then required by the laws of this State; or at the time of application for a license by reciprocity under this section, the applicant meets the requirements currently required by the laws of this State. The Board may issue a license by reciprocity under this section for an applicant who is certified by the Council only if: the applicant: is of good character and reputation; and pays to the Board: a nonrefundable application fee set by the Board; and a license fee set by the Board; and the Board receives from the Council a certified copy of its certificate for the applicant that certifies that the applicant is licensed to practice architecture in another state or country. An architect who is granted a license by reciprocity by the Board may not be required to maintain licensure in any other state or country as a condition of maintaining the license granted by the Board. An individual authorized to practice in the State under §§ 10–14A–03 and 10–14B–03 of the State Government Article may not be required to apply for a license by reciprocity under this section to practice in the State.

If an applicant qualifies for a license by passing an examination 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 for a license through examination under § 3–305 of this subtitle. The Board shall issue a license to each applicant who meets the requirements for a license by reciprocity under § 3–306 of this subtitle.

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

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. 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; submits to the Board a renewal application on the form that the Board provides; and upon request by the Board, submits to the Board the original certificate of completion or transcript of completed courses verifying the licensee has complied with the continuing professional competency requirement under § 3–309.1 of this subtitle. The Board shall renew the license of each licensee who meets the requirements of this section. An architect has a grace period of 30 days after the architect’s license expires in which to renew it retroactively, if the architect: otherwise is entitled to have the license renewed; pays to the Board the license fee set by the Board; and meets the continuing education requirement for renewal of a license under § 3–309.1 of this subtitle. The Secretary may determine that licenses issued under this subtitle shall expire on a staggered basis.

The Board shall adopt regulations to require a licensee to demonstrate continuing professional competency by completing at least 24 hours of professional development activities as a condition of renewal of a license under this subtitle.

The Board may issue a retired status license to an individual who: is currently licensed by the Board to practice architecture; has been a licensed architect for at least 25 years, of which 5 years have been in Maryland; is not the subject of a pending disciplinary action related to the practice of architecture in this or another state; submits to the Board an application on the form provided by the Board; and pays to the Board a fee set by the Board. The holder of a retired status license issued under this section: may use the designation of “architect emeritus”; but may not engage in the practice of architecture. The Board may reactivate the license of an individual who holds a retired status license if that individual: submits to the Board an application for reactivation on the form provided by the Board; meets all continuing professional competency requirements that would have been required for renewal of a license under § 3–309.1 of this subtitle if the individual had not been issued a retired status license; is not the subject of a pending disciplinary action related to the practice of architecture in this or any other state; and pays to the Board a reactivation fee set by the Board.

The Board shall reinstate the license of an architect who, for any reason, has failed to renew the license by the end of the 30–day grace period if the architect: meets the renewal requirements of § 3–309 of this subtitle; except as otherwise provided in subsection (b) of this section, pays to the Board a reinstatement fee set by the Board; submits to the Board a reinstatement application on the form that the Board provides; and meets the continuing professional competency requirement that would have been required for renewal of a license under § 3–309.1 of this subtitle, if the license had not expired. The Board may waive a reinstatement fee for a licensee who provides evidence satisfactory to the Board that the licensee did not practice architecture during the time the license lapsed.

Subject to the hearing provisions of § 3–313 of this subtitle, the Board, on the affirmative vote of a majority of its authorized membership, shall 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 renews or attempts to obtain or renew a license or permit for the applicant or licensee or for another; the applicant or licensee fraudulently or deceptively uses a license, or misrepresents that the individual holds a license or a permit; the applicant or licensee is guilty of any fraud, gross negligence, incompetence, or misconduct while practicing architecture; the applicant or licensee violates any regulation adopted by the Board; the applicant or licensee violates any provision of this title; the applicant or licensee aids or abets an unauthorized person to practice architecture; 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 architecture; or the applicant or licensee has had a license to practice architecture in another state revoked or suspended for grounds that would justify revocation or suspension of a license under this title, except for failure to pay a license fee. Instead of or in addition to reprimanding the 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)(vii) 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 architecture; the length of time since the conviction; and the behavior and activities of the applicant or licensee before and after the conviction. If the Board suspends or revokes a license under subsection (a) of this section, the Board shall notify each county’s code official of the suspension or revocation in accordance with § 3–208.1 of this title.

Subject to the provisions of this section, the Board shall commence proceedings under § 3-311 of this subtitle on a complaint made to the Board by a member of the Board or any other person. A complaint shall: be in writing; and state specifically the facts on which the complaint is based. 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 § 3-311 of this subtitle, the Board shall act on the complaint as provided under § 3-313 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 § 3-311 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 held within a reasonable time, not exceeding 6 months, after the complaint is made. 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 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.