In this subtitle, “responsible member” means a director or an officer of a corporation, a member of a limited liability company, or a general partner of a partnership who is appointed under § 3–404(c) of this subtitle to be in responsible charge of architecture practiced through the corporation, limited liability company, or partnership.

Subject to the provisions of this subtitle, a licensed architect may practice architecture for others through: a corporation as an officer, director, employee, or agent of the corporation; a limited liability company as a member, employee, or agent of the limited liability company; or a partnership as a partner, employee, or agent of the partnership. Subject to the provisions of this subtitle, a corporation, limited liability company, or partnership may provide architectural services through a licensed architect. A licensed architect who practices architecture through a corporation, limited liability company, or partnership under this subtitle is subject to all of the provisions of this title that relate to practicing architecture. A corporation, limited liability company, or partnership that provides architectural services under this subtitle is not, by its compliance with this subtitle, relieved of any responsibility that the corporation, limited liability company, or partnership may have for an act or omission of its officer, director, member, partner, employee, or agent. An individual who practices architecture through a corporation, limited liability company, or partnership is not, by reason of the individual’s employment or other relationship with the corporation, limited liability company, or partnership, relieved of any individual responsibility that the individual may have regarding that practice.

Except as provided in subsection (b) of this section, a corporation, limited liability company, or partnership shall hold a permit issued by the Board before the corporation, limited liability company, or partnership may operate a business through which architecture is practiced. A corporation, limited liability company, or partnership may provide architectural services for itself or for an affiliated corporation, limited liability company, or partnership without a permit issued by the Board.

To qualify for a permit, a corporation, limited liability company, or partnership shall meet the requirements of this section. At least two-thirds of the directors of a corporation shall be licensed in this or another state to practice architecture, engineering, or landscape architecture. At least two-thirds of the partners of a partnership shall be licensed in this or another state to practice architecture, engineering, or landscape architecture. If the partnership is a limited partnership, at least two-thirds of the general partners of the limited partnership shall be licensed in this or another state to practice architecture, engineering, or landscape architecture. At least two-thirds of the members of a limited liability company shall be licensed in this or another state to practice architecture, engineering, or landscape architecture. A corporation, limited liability company, or partnership shall have appointed at least 1 responsible member of the corporation, limited liability company, or partnership. A responsible member shall be in charge of architecture practiced through the corporation, limited liability company, or partnership. Each responsible member shall be: a director or an officer of a corporation, a member of a limited liability company, or a general partner of a partnership; and a licensed architect.

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 name and address of: each responsible member of a corporation, limited liability company, or partnership; each officer and director of a corporation; each member of a limited liability company; and each partner of a partnership.

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 a licensed architect practices architecture; and represent to the public that the business provides the services of a licensed architect. A permit authorizes the holder to provide a service that constitutes practicing architecture only if the service is performed by an individual who is licensed or otherwise authorized under this title to practice architecture.

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 even–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: meets the qualifications for a permit under § 3–404 of this subtitle; otherwise is entitled to a permit; pays to the Board the permit fee set by the Board; and submits to the Board a renewal application on the form that the Board provides. The renewal application form shall require the same information required on the original application form under § 3–405(b) of this subtitle. The Board shall renew the permit of each permit holder who meets the requirements of this section. A corporation, limited liability company, or partnership has a grace period of 30 days after the permit of the corporation, limited liability company, or partnership expires in which to renew it retroactively, if the corporation, limited liability company, or partnership: otherwise is entitled to have the permit renewed; and pays to the Board the permit fee set by the Board.

Within 1 month after the effective date of the change, a permit holder shall submit to the Board an application form that shows a change in the name of: a responsible member of the holder; an officer or director, if the holder is a corporation; a member, if the holder is a limited liability company; or a partner, if the holder is a partnership.

Subject to the hearing provisions of § 3–411 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 § 3–410 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 architecture 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 applicant or 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 § 3–410 of this subtitle may not offer or provide architectural 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.