(a) (1) 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: (i) the applicant or licensee fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another; (ii) the applicant or licensee fraudulently or deceptively uses a license; (iii) under the laws of the United States or of any state, the applicant or licensee is convicted of: 1. a felony; or 2. a misdemeanor that is directly related to the fitness and qualification of the applicant or licensee to practice landscape architecture; (iv) the applicant or licensee is guilty of gross negligence, incompetence, or misconduct while practicing landscape architecture; (v) the applicant or licensee 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; (vi) the applicant or licensee violates any regulation adopted by the Board; or (vii) the applicant or licensee violates any provision of this title. (2) (i) 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. (ii) To determine the amount of the penalty imposed under this subsection, the Board shall consider: 1. the seriousness of the violation; 2. the harm caused by the violation; 3. the good faith of the licensee; and 4. any history of previous violations by the licensee. (3) The Board shall pay any penalty collected under this subsection into the General Fund of the State. (b) 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)(iii) of this section: (1) the nature of the crime; (2) the relationship of the crime to the activities authorized by the license; (3) with respect to a felony, the relevance of the conviction to the fitness and qualification of the applicant or licensee to practice landscape architecture; (4) the length of time since the conviction; and (5) the behavior and activities of the applicant or licensee before and after the conviction.
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