Except as otherwise provided in this title or §§ 10–14A–03 and 10–14B–03 of the State Government Article, a person shall be licensed by the Board as a marine contractor or be employed by an individual or entity that is licensed as a marine contractor before the person may: Perform marine contractor services in the State; or Solicit to perform marine contractor services in the State. An individual, an entity, or a unit of local government may qualify for a license. An individual who is employed by an agency of the federal government or the State may perform marine contractor services while in the performance of the duties of their employment without having to obtain a license from the Board under this title. A residential or commercial property owner may perform marine contractor services on the property owner’s own property without having to obtain a license from the Board under this title. This subsection applies to an individual who is employed by a county or municipality in the State. An individual who performs marine contractor services while in the performance of the duties of their employment is not required to pay a fee for: The issuance or renewal of a license; or A test administered by the Board. Except as provided in subparagraph (ii) of this paragraph, an individual may perform marine contractor services while in the performance of the duties of their employment without having to obtain a license from the Board under this title if the individual is performing marine contractor services that: Would present a de minimis risk to human health or the environment; Do not require a federal or State permit; and If the marine contractor services involve an existing structure, do not increase the footprint of the structure. If an individual is performing marine contractor services for the routine maintenance or repair of an existing shore erosion control structure, the individual shall obtain a license from the Board under this title.

To qualify for a license, an applicant shall meet the requirements of this section and any regulations adopted under this section. If the applicant is an entity, the entity shall appoint a member of the entity as the representative member to make the application on behalf of the entity. An individual applicant or, if the applicant is an entity, the representative member shall: Have at least 2 years of experience as a full–time marine contractor or demonstrate similar contractor experience; Pass a written marine contractor test recognized by the Board; Have a federal tax identification number; and Carry: Commercial general liability insurance with a $300,000 total aggregate minimum; and Workers’ compensation insurance, unless exempt by law.

To apply for a license, an applicant shall: Submit to the Board an application on the form that the Board provides; Submit the documents required under this section; and Pay to the Board the required application fee set by the Board. If the applicant is an entity, the representative member shall complete the application form and otherwise be responsible for the entity’s compliance with this section. If the applicant is an individual, the application form provided by the Board shall require: The name of the applicant; The address of the applicant; and The current and previous employment of the applicant relevant to the field of marine contracting. If the applicant is an entity, the application form provided by the Board shall require: A list of the entity’s owners; and For each entity owner, the same information required regarding an individual applicant under paragraph (1) of this subsection. For all applicants, the application form shall require: The address of the applicant’s proposed principal place of business and of each proposed branch office; All trade or fictitious names that the applicant intends to use while performing marine contractor services; and As the Board considers appropriate, any other information to assist in the evaluation of: An individual applicant; or If the applicant is an entity, any entity member. The application form provided by the Board shall contain a statement advising the applicant of the penalties for violation of this title provided under § 17–403 of this title. If the applicant is an individual, the individual shall sign the application form under oath. If the applicant is an entity, the representative member of the entity shall sign the application form under oath, and shall provide proof to the Board that the representative member is a member of the entity. An applicant for a license shall submit with the application proof of the insurance required under § 17–302(c)(4) of this subtitle.

The Board may not issue a license to an applicant whose trade or fictitious name or trademark is so similar to that used by another licensee that the public may be confused or misled by the similarity.

The Board shall issue a license that is valid for 2 years to any applicant who meets the requirements of this title and any regulation adopted under this title. The Board, by regulation, may establish license categories that specify the marine contractor services each license authorizes a licensee to perform. The Board shall include on each license that the Board issues: The license category; The full name of the licensee; The license number; The location of the principal office and of each branch office if the licensee is an entity; The date of issuance of the license; The date on which the license expires; and The name of the representative member if the licensee is an entity.

While a license to an entity is in effect, the license authorizes the entity to: Employ as marine contractors individuals who are not licensed marine contractors to provide marine contractor services to the public on behalf of the licensee; and Represent itself to the public as a licensed marine contractor entity.

A licensed marine contractor shall: Include the contractor’s marine contractor license number in all advertising related to the provision of marine contractor services; and Prominently display the contractor’s marine contractor license number on all large equipment used in the course of the licensee’s work as a marine contractor.

The Secretary shall adopt regulations to stagger the terms of the licenses. A license expires on the date the Secretary sets, in accordance with subsection (a) of this section. At least 2 months before a license expires, the Board shall send to the licensee, by first–class mail or electronically, to the last known address of the licensee: A renewal application form; and A notice that states: The date on which the current license expires; The date by which the Board must receive the renewal application for the renewal to be issued and mailed before the license expires; and The amount of the renewal fee. Before a license expires, the licensee may renew the license for an additional 2–year term if the licensee: Is otherwise entitled to be licensed; Pays to the Board: The required renewal fee set by the Board; and Any outstanding fees; and Submits to the Board: Satisfactory evidence of compliance with the continuing education requirements established under subsection (e) of this section; Satisfactory evidence of compliance with the insurance requirements established under § 17–302 of this subtitle; Satisfactory evidence of the resolution of any license violations, suspensions, denials, revocations, or other Board actions taken under this title; and A renewal application on the form that the Board provides. A licensee shall complete 12 hours of continuing education instruction covering marine contractor subject matter approved by the Board. The Board shall approve the substance and form of a continuing education course if the course is: Offered by a qualified instructor; or Conducted by an educational institution approved by the Board. The licensee is responsible for the cost of any continuing education course. The Board shall renew the license of each licensee who meets the requirements of this section.

Within 5 days after the change, a licensee shall submit to the Board written notice of: If the licensee is an individual or entity, any change in the address or telephone number of an existing office or principal place of business; and If the licensee is an entity, the addition of a branch office.

Except as otherwise provided in § 10–226 of the State Government Article, and subject to the notice and hearing requirements in subsection (c) of this section, the Board may deny, refuse to renew, suspend, or revoke a license if the applicant or licensee: Violates any provision of this title or any regulation adopted under this title; Fraudulently or deceptively obtains or attempts to obtain a license for the licensee or for another person; Fraudulently or deceptively uses a license; Commits any gross negligence, incompetence, or misconduct while practicing marine contractor services; Fails to comply with the terms of a tidal wetlands authorization issued under § 16–202 or § 16–307 of this article; Violates any provision of, or regulations adopted under, § 16–202 or § 16–307 of this article; or In the Chesapeake and Atlantic Coastal Bays Critical Area, as defined under § 8–1802 of the Natural Resources Article, fails to comply with: The terms of a State or local permit, license, or approval; or Any State or local law, an approved plan, or other legal requirement. The Critical Area Commission for the Chesapeake and Atlantic Coastal Bays, established under Title 8, Subtitle 18 of the Natural Resources Article, shall notify the Board of any licensed marine contractor or applicant for a license that fails to comply with any requirement under subsection (a)(7) of this section. Before the Board takes any final action under subsection (a) of this section, the Board shall give the applicant or licensee against whom the action is contemplated notice and the opportunity for a hearing before the Board. The Board shall provide notice and hold a hearing in accordance with the Administrative Procedure Act. At least 30 days before the hearing, the hearing notice shall be: Served personally on the individual; or Sent by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to the last known address of the individual or entity. If, after due notice, the applicant or licensee against whom the action is contemplated fails or refuses to appear, the Board may hear and determine the matter. Except as provided under subsection (c) of this section, any person aggrieved by a final decision of the Board may take an appeal as authorized under §§ 10–222 and 10–223 of the State Government Article. For purposes of this section, an act or omission of any principal, agent, or employee of an applicant or licensee may be construed to be the act or omission of the applicant or licensee, as well as of the principal, agent, or employee.