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 forestry in the State.

An individual who meets the educational requirements but does not meet the experience requirements under § 7-304 of this subtitle may practice forestry without a license if the individual practices forestry under the responsible charge of a licensed forester.

An individual who is licensed to practice forestry in another state or country may practice forestry in this State without a license if: the state or country in which the individual is licensed waives the license requirements for licensees of this State to a similar extent as this State waives the license requirements for individuals licensed in that state or country; the individual submits to the Board evidence that the individual is licensed in the other state or country; and the individual: is not a resident of this State and does not maintain a place of business in this State; or has become a resident of this State within the preceding 6 months.

To qualify for a license, an applicant shall be an individual who meets the requirements of this section. Subject to paragraph (2) of this subsection, an applicant shall have graduated on completion of a 4–year curriculum in forestry from a college or university that is: approved by the Board; and accredited by the Society of American Foresters. An applicant may meet the requirements of this subsection if the Board determines that the applicant’s education, including a comparable graduate degree or international degree, is substantially equivalent to the requirements under paragraph (1) of this subsection. The applicant shall have at least 2 years of experience in forestry that indicates to the Board that the applicant is competent to practice forestry.

An applicant for a license shall: submit to the Board an application on the form that the Board provides; and pay to the Board an application fee of $45. In addition to any other information required on an application form, the form shall require: a statement about the education of the applicant; a statement about the experience of the applicant in practicing forestry; and a list of at least 5 references, which shall include at least 3 foresters who have personal or professional knowledge of the applicant’s experience in practicing forestry. An application shall be made under oath.

If an applicant qualifies for a license under this subtitle, the Board shall mail or electronically transmit to the applicant a notice that states that: the applicant has qualified for a license; on receipt of a $55 license fee, the Board will issue a license to the applicant; and if the applicant fails to pay the license fee within 30 days after receipt of the notice, the applicant forfeits the right to be issued a license and, to obtain a license, may be required to submit a new application and to pay a new application fee. On payment of the license fee, the Board shall issue a license to each applicant who meets the requirements of this subtitle. If an applicant fails to pay the license fee within 30 days after the receipt of notice that the applicant has qualified, the Board may: deny the applicant a license under that application; and require the applicant to submit a new application and again to pay the application fee required under § 7-305 of this subtitle. The Board shall include on each license that the Board issues: the full name of the licensee; the registration number assigned by the Board to the licensee; and the signature of the chairman of the Board. 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 a replacement fee of $5.

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

Unless a license is renewed for a 2–year term as provided in this section, the license expires on the first September 30 that comes: after the effective date of the license; and in an even–numbered year. At least 30 days 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 renewal 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; except as provided in subsection (d) of this section, pays to the Board a renewal fee of $100; and submits to the Board a renewal application on the form that the Board provides. Except as provided in subsubparagraph 2 of this subparagraph, the Board may not renew a license unless the licensee meets the continuing education requirements of this section. The continuing education requirement does not apply to: the first renewal of a license by a licensee; or a licensee who has inactive status or who has applied for inactive status. To qualify for renewal of a license, for each 2–year license term of a license, a licensee shall complete successfully at least 8 hours of instruction provided through programs that the Board approves. A licensee serving on active duty in the uniformed services is exempt from the renewal fee required by this section. The Board shall renew the license of each licensee who meets the requirements of this section. The Secretary may determine that licenses issued under this subtitle shall expire on a staggered basis. A licensee may apply to the Board for inactive status. The Board shall grant inactive status to a licensee if the licensee: otherwise is entitled to be licensed; and pays to the Board an inactive license fee of $25. An individual may return to active status if the individual meets the requirements for renewal of a license under this section.

Subject to the hearing provisions of § 7-311 of this subtitle, the Board, on the affirmative vote of a majority of its authorized members, 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; fraudulently or deceptively uses a license; is guilty of gross negligence, incompetence, or misconduct in practicing forestry; under the laws of the United States or of any state is convicted of: a felony; or a misdemeanor that is directly related to the fitness and qualification of the applicant or licensee to practice forestry; has had a license to practice forestry 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 or registration renewal fee; knowingly violates any provision of the code of ethics adopted by the Board; or knowingly 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)(iv) 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 forestry; 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 § 7-309 of this subtitle on complaint made to the Board by a member of the Board or any other person. A complaint shall be: in writing; and 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 § 7-309 of this subtitle, the Board shall act on the complaint as provided under § 7-311 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 § 7-309 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 3 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 sent by certified mail to the last known address of the individual. The individual may be represented at the hearing by counsel. If, after due notice, the person against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter.

Any person aggrieved by a final decision of the Board in a contested case, as defined in § 10-202 of the State Government Article, may take an appeal as allowed in §§ 10-222 and 10-223 of the State Government Article.

Subject to any regulation that the Board adopts, the Board may reinstate a license that has been revoked. A license may be reinstated under this section only on: the basis of evidence submitted to the Board after the revocation and not available, before the revocation, to the individual seeking reinstatement; the affirmative vote of a majority of the authorized members of the Board; and payment to the Board of a fee of $5.