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 landscape architecture in the State. This section does not apply to: an individual who practices landscape architecture while performing official duties as an employee of the federal government; an individual while practicing landscape architecture under the supervision of a professional landscape architect, if the individual does not assume responsible charge of design or supervision; or an individual while practicing landscape architecture as an employee of a person who is authorized to practice landscape architecture, if the employee does not assume responsible charge of design or supervision.

To qualify for a license, an applicant shall be an individual who meets the requirements of this section. An applicant shall be at least 18 years old. An applicant shall meet the educational and experience requirements under § 9–303 of this subtitle. Except as otherwise provided in this subtitle, the applicant shall pass the examination required by the Board under this subtitle.

Before an applicant takes the examination required by the Board, the applicant shall qualify under this section by meeting the educational and experience requirements set forth in subsection (b), (c), (d), or (e) of this section. An applicant qualifies under this section if the applicant: has graduated from a college or school of landscape architecture that holds accredited status from the national Landscape Architectural Accreditation Board; and has at least 2 years of work experience in landscape architecture that is: under the responsible charge of a professional landscape architect or other licensed design professional; and otherwise satisfactory to the Board. An applicant qualifies under this section if the applicant: has graduated on completion of at least a 4–year curriculum in a design–related discipline from a college or university that is accredited by, or is a constituent unit of an institution accredited by, the Council for Higher Education Accreditation or the equivalent regional accrediting association of other regional areas; and has at least 4 years of work experience in landscape architecture that is: under the responsible charge of a professional landscape architect or other licensed design professional; and otherwise satisfactory to the Board. An applicant qualifies under this section if the applicant: has graduated on completion of at least a 4–year curriculum in a nondesign–related discipline from a college or university that is accredited by, or is a constituent unit of an institution accredited by, the Council for Higher Education Accreditation or the equivalent regional accrediting association of other regional areas; and has at least 6 years of practical work experience in landscape architecture that is: under the responsible charge of a professional landscape architect or other licensed design professional; and otherwise satisfactory to the Board. An applicant qualifies under this section if the applicant: is a high school graduate or the equivalent; and has at least 8 years of practical work experience in landscape architecture that is: under the responsible charge of a professional landscape architect or other licensed design professional; and otherwise satisfactory to the Board. The Board may count each full year of study at a college or school of landscape architecture that meets the criteria set forth in subsection (b) of this section as one of the years of the work experience required under this subsection.

An applicant for a license shall: submit to the Board an application on the form that the Board provides; and pay to the Board a nonrefundable application fee.

An applicant who otherwise qualifies for a license is entitled to be examined as provided in this section. The Board periodically shall offer the examinations required under this section to qualified applicants at least once a year at the time and place that the Board determines. Except as provided in subsection (d)(2)(i) of this section, the Board shall give each qualified applicant notice of the time and place of examination. The Board may use a testing service to administer the examinations under this section. If the Board uses a testing service to administer examinations under this section, the testing service, subject to the requirements set by the Board, may: set the time and place of examinations; send qualified applicants notice of the time and place of examinations; and provide any other information that the Board may require the testing service to provide. If necessary to determine the competency of applicants, the Board may use a testing service to administer supplemental examinations with additional subjects. The Board shall determine, by regulation, the subjects, scope, and form of and the passing score for examinations given under this title.

Subject to the provisions of this section, the Board may waive any requirement of this subtitle for an applicant who is licensed to practice landscape architecture 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 license fee set by the Board; and provides adequate evidence that, at the time the applicant was licensed in the other state, the applicant was required to pass an examination and meet qualifications that were substantially equivalent to the examination and qualifications in this State. The Board may grant a waiver under this section only if the state in which the applicant is licensed waives the examination and qualifications of licensees of this State to a similar extent as this State waives the examination and qualification requirements for individuals licensed in that state.

If an applicant qualifies for a license 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 the 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 of this subtitle.

While a license is in effect, it authorizes the licensee to practice landscape architecture. A professional landscape architect is not authorized to practice architecture, engineering, or land surveying.

A license is valid for a 2–year term from issuance of the license as provided in this section. 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 the license fee set by the Board; and submits to the Board a renewal application on the form that the Board provides. 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. 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 section. The continuing professional competency requirement under paragraph (1) of this subsection does not apply to the first renewal of a license.

The Board may issue an emeritus status license to an individual who submits to the Board an application for emeritus status on the form required by the Board. The Board may issue an emeritus status license if the individual: is currently licensed by the Board to practice landscape architecture; or was previously licensed by the Board to practice landscape architecture and allowed the license to expire but is otherwise entitled to renewal under § 9–309 of this subtitle at the time of expiration; has been a professional landscape architect for at least 25 years, of which 5 years have been in the State; is not the subject of any pending disciplinary action related to the practice of landscape architecture in the State or another state; and pays to the Board a fee set by the Board. The holder of an emeritus status license under this section: may use the designation of “landscape architect emeritus”; and may not engage in the practice of landscape architecture. The Board may reinstate the license to practice landscape architecture of the holder of an emeritus status license if the individual: submits to the Board an application for reinstatement on the form provided by the Board; meets the continuing professional competency requirements for renewal of a license under § 9–309 of this subtitle; is not the subject of any pending disciplinary action related to the practice of landscape architecture in the State or another state; and pays to the Board a reinstatement fee set by the Board.

Subject to the hearing provisions of § 9–312 of this subtitle, the Board, on the affirmative vote of a majority of its members then serving, may deny a license to any applicant, reprimand any licensee, or suspend or revoke a license if: the individual against whom the action is contemplated fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another; the individual against whom the action is contemplated fraudulently or deceptively uses a license; under the laws of the United States or of any state, the individual against whom the action is contemplated is convicted of: a felony; or a misdemeanor that is directly related to the fitness and qualification of the applicant or licensee to practice landscape architecture; the individual against whom the action is contemplated is guilty of gross negligence, incompetence, or misconduct while practicing landscape architecture; the individual against whom the action is contemplated has had a license to practice landscape architecture 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 fee; the individual against whom the action is contemplated violates any regulation adopted by the Board; or the individual against whom the action is contemplated violates any provision of this title. Instead of or in addition to reprimanding an individual against whom the action is contemplated 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 an individual against whom the action is contemplated when an applicant or licensee 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 license; with respect to a felony, the relevance of the conviction to the fitness and qualification of the individual against whom the action is contemplated to practice landscape architecture; the length of time since the conviction; and the behavior and activities of the individual against whom the action is contemplated before and after the conviction.

Subject to the provisions of this section, the Board shall commence proceedings under § 9-310 of this subtitle on a complaint made to the Board by a member or any other person. A complaint shall: be in writing; state specifically the facts on which the complaint is based; and be submitted to 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 § 9-310 of this subtitle, the Board shall act on the complaint as provided under § 9-312 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 § 9-310 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 set within a reasonable time, not exceeding 6 months, after the Board brings charges against a licensee. 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 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.

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 affirmative vote of a majority of the members of the Board then serving; and payment to the Board of a reinstatement fee set by the Board.

The Board shall reinstate the license of an individual who, for any reason, has failed to renew the license, if the individual: applies to the Board for reinstatement within 2 years after the license expires; meets the renewal requirements of § 9–309 of this subtitle; and pays to the Board a reinstatement fee set by the Board. If an individual has failed to renew a license for any reason and then applies to the Board for reinstatement more than 2 years after the license has expired, the Board may: require the individual to reapply for a license in the same manner that an applicant applies for an original license under this subtitle; or subject to paragraph (2) of this subsection, reinstate the license. The Board may reinstate a license under paragraph (1)(ii) of this subsection, if the individual: meets the renewal requirements of § 9–309 of this subtitle, including the professional competency requirements that would have been required for renewal of the license; if required by the Board, states reasons why reinstatement should be granted; and pays to the Board a reinstatement fee set by the Board. The Board may waive a reinstatement fee for a licensee who provides evidence satisfactory to the Board that the licensee did not practice landscape architecture during the time the license lapsed.