ROBERT L. EHRLICH, JR., Governor

Ch. 384

(iv) the applicant or licensee is guilty of gross negligence,
incompetence, or misconduct while practicing land surveying or property line
surveying;

(v) the applicant or licensee knowingly violates any provision of the
code of ethics adopted by the Board;

(vi) the applicant or licensee knowingly violates any provision of
this title; or

(vii) the applicant or licensee has had a license to practice land
surveying or property line surveying 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 or license renewal fee.

(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 land surveying or property
line surveying;

(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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