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WILLIAM DONALD SCHAEFER, Governor Ch. 3
(B) SOLE PRACTITIONER EXCEPTION.
SUBSECTION (A) OF THIS SECTION DOES NOT APPLY TO A LICENSED
ARCHITECT WHO OPERATES THE BUSINESS AS THE SOLE PRACTITIONER.
REVISOR'S NOTE: This section is new language added to state
expressly that which only was implied by the second
sentence of former Art. 56, § 470(a) -- i.e., a person
may not represent to the public that the person is
authorized to operate a business through which
architecture is practiced unless the person holds a
permit issued by the Board -- and to conform to
comparable provisions in other titles of this article.
This addition clarifies that the prohibition is not
limited to corporations or partnerships.
Defined terms: "Architect" § 3-101
"Board" § 3-101 "Licensed architect" § 3-101
"Permit" § 3-101 "Person" § 1-101
"Practice architecture" § 3-101
3-605. PENALTIES.
A PERSON WHO VIOLATES § 3-601 OR § 3-603 OF THIS SUBTITLE IS
GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A FINE
NOT EXCEEDING $3,000 OR IMPRISONMENT NOT EXCEEDING 1 YEAR OR
BOTH.
REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 56, § 475,
as that section related to penalties for practicing
without a license.
The reference to "§ 3-603" is added to clarify that
the penalties in this section also apply to
misrepresentation as an authorized practitioner and,
thus, to conform to similar provisions in numerous
other occupational laws in the Code. A literal
reading of former Art. 56, § 475 would indicate that
its penalties applied only to practicing architecture
without a license. However, misrepresentation as an
authorized practitioner was clearly intended to be a
prohibited act under the provisions of former Art. 56,
§§ 463 and 469, which are revised as § 3-603 of this
subtitle. It is inherent in that prohibition that the
penalties of this section apply to misrepresentation
as an authorized practitioner.
The former phrase "for each violation" is deleted as
surplusage.
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