Except as otherwise provided in this title or §§ 10–14A–03 and 10–14B–03 of the State Government Article, an individual shall be certified by the Board before the individual may use the title “certified interior designer” or the term “certified interior design services”.

To qualify for a certificate, an applicant shall be an individual who meets the requirements of this section. The applicant shall be of good character and reputation. The applicant shall be at least 18 years old. The applicant shall: file an application and pay a nonrefundable application fee in accordance with § 8–303 of this subtitle; have satisfied education and experience requirements necessary to qualify for the National Council of Interior Design Qualification Examination, or its equivalent, as determined by the Board; and have passed the National Council of Interior Design Qualification Examination, or its equivalent.

An applicant for a certificate shall: submit an application to the Board 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.

Subject to the provisions of this section, the Board may waive any examination requirement of this subtitle for an individual who is licensed or certified as an interior designer in another state. The Board may grant a waiver under this section only if the applicant: pays to the Board: the nonrefundable application fee set by the Board; and the certificate fee set by the Board; and provides adequate evidence that the applicant: meets the qualifications otherwise required by this subtitle; and became licensed or certified in the other state after meeting qualifications that are substantially equivalent to those required for a certificate in this State. The Board may grant a waiver under this section only if the state in which the applicant is licensed or certified waives the examination of certified interior designers of this State to a similar extent as this State waives the examination requirements for individuals licensed or certified in that state.

On payment of the certificate fee set by the Board, the Board shall issue a certificate to each applicant who meets the requirements of this subtitle for a certificate.

While a certificate is in effect, it authorizes the certificate holder to use the title “certified interior designer” or the term “certified interior design services”.

Unless a certificate is renewed for a 2–year term as provided in this section, a certificate expires on the first June 30 that comes: after the effective date of the certificate; and in an even–numbered year. At least 30 days before the certificate expires, the Board shall mail or electronically transmit to the certificate holder: a renewal application form; a notice that states the date on which the current certificate expires; and the amount of the certificate fee. If an electronic transmission under paragraph (1) of this subsection is returned to the Board as undeliverable, the Board shall mail to the certificate holder, at the last known address of the certificate 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 the certificate expires, the certificate holder periodically may renew it for an additional 2–year term, if the certificate holder: otherwise is entitled to be certified; pays to the Board a certificate fee set by the Board; submits to the Board a renewal application on the form that the Board provides; and submits to the Board any documentation required by the Board to verify that the certificate holder has complied with the continuing education requirements under § 8–308 of this subtitle. The Board shall renew the certificate of each certificate holder who meets the requirements of this section. The Secretary may determine that certificates issued under this subtitle shall expire on a staggered basis.

To qualify for renewal of a certificate under this subtitle, a certificate holder shall earn during each 2-year certificate term at least one continuing education unit in two or more courses that the Board approves. A continuing education unit consists of 10 hours of study. A certificate holder who is granted a certificate during the second year of a certificate term may renew the certificate for the next full term if the certificate holder earns at least one-half of a continuing education unit in one or more courses that the Board approves.

The Board shall reinstate the certificate of an interior designer who has failed to renew the certificate for any reason if the interior designer: meets the renewal requirements under § 8–307 of this subtitle; pays to the Board the reinstatement fee as set by the Board; submits to the Board a reinstatement application on the form that the Board provides; and earns two continuing education units in courses approved by the Board in a 2–year period immediately preceding the request for reinstatement.

Subject to the hearing provisions of § 8-312 of this subtitle, the Board may deny a certificate to any applicant, reprimand any certificate holder, or suspend or revoke a certificate if the applicant or certificate holder: fraudulently or deceptively obtains or renews or attempts to obtain or renew a certificate for the applicant or certificate holder or for another; fraudulently or deceptively uses the title “certified interior designer” or the term “certified interior design services”; 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 certificate holder to perform certified interior design services; is guilty of any fraud, gross negligence, incompetence, or misconduct in the use of the title “certified interior designer” or the term “certified interior design services”; signs or seals any interior design documents after a certificate holder’s certificate expires or has been suspended or revoked by the Board; violates any regulation that the Board adopts; or violates any provision of this title. Instead of or in addition to reprimanding a certificate holder or suspending or revoking a certificate 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 certificate holder; and any history of previous violations by the certificate holder. 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 certificate or the reprimand of a certificate holder when an applicant or certificate holder is convicted of a felony or misdemeanor described in subsection (a)(1)(iii) of this section: the nature of the crime; the relationship of the crime to the activities authorized by the certificate; with respect to a felony, the relevance of the conviction to the fitness and qualification of the applicant or licensee to perform interior design services; the length of time since the conviction; and the behavior and activities of the applicant or certificate holder before and after the conviction.

Subject to the provisions of this section, the Board shall bring proceedings under § 8-310 of this subtitle on the complaint made to the Board by a member of the Board or any other individual. A complaint shall: be in writing; and state specifically the facts on which the complaint is based. If the complaint is made by any individual other than a member of the Board, the complaint shall be made under oath by the individual who submits the complaint. If the Board finds that the complaint alleges facts that are adequate grounds for action under § 8-310 of this subtitle, the Board shall act on the complaint as provided under § 8-312 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 § 8-310 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: in accordance with regulations adopted by the Board; and within a reasonable time not to exceed 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. The Board may administer oaths in connection with any proceeding under this section. 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 mail 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.

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.