# Business Occupations and Professions (GBO)

## Title 13. Private Detectives

### Subtitle 1. Definitions; General Provisions

#### Section 13-101

(a) In this title the following words have the meanings indicated.

(b) "Central Repository" means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.

(c) "Certification card" means a card issued by the Secretary under Sec. 13-406 of this title to an individual certified as a private detective.

(d) "Firm" means a partnership or corporation.

(e) "Firm member" means a partner of a partnership or an officer or director of a corporation.

(f) "License" means, unless the context requires otherwise, a license issued by the Secretary to conduct a business to provide private detective services.

(g) "Licensed private detective agency" means, unless the context requires otherwise, a person who is licensed by the Secretary to conduct a business that provides private detective services.

(h) "Private detective" means an individual who personally provides private detective services.

(i) "Private detective agency" means a person who conducts a business that provides private detective services.

(j)

  (1) "Provide private detective services" means to provide, for compensation, the service of:

    (i) conducting an investigation that concerns:

      (1) a crime or wrong committed, assumed to have been committed, or threatened to be committed;

      (2) the identity, habits, conduct, movement, location, affiliations, associations, transactions, reputation, or character of any person;

      (3) the credibility of a witness or of any other individual;

      (4) the location of a missing individual;

      (5) the location or recovery of lost or stolen property;

      (6) the origin or cause of or responsibility for:

      (A) a fire;

      (B) an accident;

      (C) any damage to or loss of property; or

      (D) an injury to an individual;

      (7) the affiliation, connection, or relation of any person with an organization or other person; or

      (8) the activities, conduct, efficiency, loyalty, or honesty of any employee, agent, contractor, or subcontractor;

    (ii) securing evidence for use before any investigating committee, board of award, or board of arbitration or for use in the trial of any civil or criminal cause;

    (iii) nonuniformed personal protection; or

    (iv) conducting an investigation to locate or apprehend a fugitive from justice, unless the person:

      (1) conducting the investigation is a property bail bondsman or licensed by the Insurance Commissioner of the State or a similar licensing body of another state as a bail bondsman;

      (2) is an employee of a property bail bondsman or a licensed bail bondsman for the purpose of locating or apprehending fugitives from justice; or

      (3) is authorized as an agent by a property bail bondsman or licensed bail bondsman in advance of the apprehension of a fugitive from justice.

  (2) "Provide private detective services" does not include:

    (i) performing any activity of a person who is engaged exclusively in the business of making investigations and reports that relate to the financial standing, creditworthiness, or financial responsibility of any person;

    (ii) performing any activity of a person who is engaged exclusively in the business of making a report for an insurance or credit purpose, except if the making of the report involves an investigation or surveillance of a sort normally performed by a person who otherwise is subject to this title;

    (iii) monitoring an electronically controlled burglar or fire alarm system with a central unit; or

    (iv) making a marketing survey.

(k) "Representative member" means a firm member who is appointed under Sec. 13-302(b) of this title to act on behalf of the firm.

(l) "Secretary" means the Secretary of State Police.

#### Section 13-102

This title does not apply:

(1) to an officer or employee of any unit of the United States, of any state, or of any county, municipal corporation, or other political subdivision of any state, while performing a duty of the office or employment;

(2) to a lawyer, while performing any activity that relates to the lawyer's regular practice of law in the State;

(3) to an individual who, as a regular part-time or full-time employee of a lawyer, provides services that relate to the lawyer's regular practice of law in the State;

(4) to an individual who is regularly and exclusively employed as an investigator or in any other capacity by a person who is not engaged in the business of providing private detective services, while performing any duty of the employment;

(5) to a person who is licensed to engage in insurance business of any kind in the State, while conducting that business, or to any employee or licensed agent of that person, while conducting that business;

(6) to an independent insurance adjuster, while conducting the business of an insurance adjuster;

(7) to a person while conducting an investigation solely for the person's own account; or

(8) to a special police officer appointed and while performing under Title 3, Subtitle 3 of the Public Safety Article or Sec. 16-16 of the Code of Public Local Laws of Baltimore City.

### Subtitle 2. Secretary

#### Section 13-201

Subject to the provisions of this title, the Secretary is responsible for the licensing of private detective agencies and the regulation of those persons who provide private detective services in the State.

#### Section 13-202

(a) In addition to any powers set forth elsewhere, the Secretary may:

  (1) adopt regulations to carry out this title;

  (2) use any member of the Department of State Police, as necessary, to carry out and enforce this title; and

  (3) make inquiries and conduct an investigation regarding any applicant:

    (i) for a license; or

    (ii) for employment with a licensee as a private detective.

(b) In addition to any duties set forth elsewhere, the Secretary shall:

  (1) adopt regulations that set standards for the certification of employees of private detective agencies as private detectives;

  (2) keep a roster of the individuals certified as private detectives under this title, including on the roster:

    (i) the names of individuals certified;

    (ii) the name of the licensed private detective agency with or by which each individual is associated or employed; and

    (iii) any other information that the Secretary considers appropriate; and

  (3) adopt by regulation a schedule of fines for violations of this title that may be assessed by the Secretary under Sec.Sec. 13-313 and 13-409 of this title.

#### Section 13-203

The Secretary and all members of the Department of State Police:

(1) shall treat as confidential any information obtained through an investigation of an applicant for a license or for certification under this title; and

(2) unless required by a court order or subpoena, may not divulge to a person who is not a member of the Department of State Police or a member of any other law enforcement agency that is conducting an official investigation any information obtained through an investigation of an applicant for a license or for certification under this title.

#### Section 13-204

On the request of the Secretary, the Police Commissioner of Baltimore City shall assist and advise the Secretary regarding the investigation in Baltimore City of any applicant for a license or for certification under this title.

#### Section 13-205

The Secretary shall pay all money collected under this title into the General Fund of the State.

#### Section 13-206

Any person aggrieved by a final decision of the Secretary in a contested case, as defined in Sec. 10-202 of the State Government Article, may take an appeal as allowed in Sec.Sec. 10-222 and 10-223 of the State Government Article.

### Subtitle 3. Private Detective Agency Licenses

#### Section 13-301

(a) Except as otherwise provided in this title, a person shall be licensed by the Secretary as a private detective agency before the person may:

  (1) conduct a business that provides private detective services in the State; and

  (2) solicit to engage in a business that provides private detective services in the State.

(b) An individual or a firm may qualify for a license as a private detective agency.

#### Section 13-302

(a) To qualify for a license, an applicant shall meet the requirements of this section.

(b) If the applicant is a firm, the firm shall appoint a firm member as the representative member to make the application on behalf of the firm.

(c)

  (1) If the applicant is an individual, the applicant shall be of good character and reputation.

  (2) If the applicant is a firm, each firm member shall be of good character and reputation.

(d) The individual applicant or the representative member shall be at least 25 years old.

(e) The applicant shall meet the experience requirements of Sec. 13-303 of this subtitle.

#### Section 13-303

(a) In this section, "organized police agency" means:

  (1) a police department of the State or of a county or municipal corporation of the State;

  (2) a private police department that is allowed to enroll its officers in approved Maryland Police Training and Standards Commission schools and academies; or

  (3) a law enforcement agency of the United States, of any state, or of any county or municipal corporation of any state.

(b) An individual applicant or, if the applicant is a firm, the representative member shall have:

  (1) at least 5 years of experience as a full-time certified or licensed private detective;

  (2) at least:

    (i) 5 years of experience as a full-time police officer with an organized police agency; and

    (ii) completed successfully a police officer training course that is recognized and approved by the Maryland Police Training and Standards Commission;

  (3) at least 3 years of experience in an investigative capacity as a detective while serving as a police officer with an organized police agency;

  (4) at least:

    (i) 3 years of experience in an investigative capacity in any unit of the United States, of the State, or of a county or municipal corporation of the State for the purpose of law enforcement; and

    (ii) completed successfully the police officer training required by the Maryland Police Training and Standards Commission; or

  (5) at least:

    (i) 5 years of experience as a full-time fire investigator for a fire department or law enforcement agency of the State or of a county or municipal corporation of the State; and

    (ii) completed successfully the training certified by the Maryland Police Training and Standards Commission or the Maryland Fire-Rescue Education and Training Commission.

#### Section 13-304

(a)

  (1) An applicant for a license shall:

    (i) submit to the Secretary an application in the manner and format designated by the Secretary;

    (ii) submit the documents required under this section; and

    (iii) pay to the Secretary, in a method approved by the Secretary, the fees required under subsection (b) of this section.

  (2) If the applicant is a firm, the representative member shall complete the application and otherwise be responsible for the firm's compliance with this section.

(b)

  (1) An applicant for a license shall pay to the Secretary an application fee of:

    (i)

      (1) $200, if the applicant is an individual; or

      (2) $375, if the applicant is a firm; and

    (ii) the fees authorized under subsection (c)(2) of this section.

  (2)

    (i) As part of the application for a license, the applicant shall submit to the Secretary the fingerprints required under subsection (c)(2)(i) of this section.

    (ii) If the applicant is a firm, the applicant shall pay the cost of the fingerprint card record checks for each firm member.

(c)

  (1) The Department of State Police shall apply to the Central Repository for a State and national criminal history records check for each applicant.

  (2) As part of the application for a criminal history records check, the Department of State Police shall submit to the Central Repository:

    (i) two complete sets of the applicant's legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;

    (ii) the fee authorized under Sec. 10-221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records; and

    (iii) the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.

  (3) In accordance with Sec.Sec. 10-201 through 10-234 of the Criminal Procedure Article, the Central Repository shall forward to the applicant and the Department of State Police a printed statement of the applicant's criminal history record information.

  (4) The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in Sec. 10-223 of the Criminal Procedure Article.

(d)

  (1) If the applicant is an individual, the application provided by the Secretary shall require:

    (i) the name of the applicant;

    (ii) the age of the applicant;

    (iii) the address of the applicant; and

    (iv) the current and previous employment of the applicant.

  (2) If the applicant is a firm, the application provided by the Secretary shall require:

    (i) a list of all of the firm members; and

    (ii) for each firm member, the same information required regarding an individual applicant under paragraph (1) of this subsection.

  (3) For all applicants, the application shall require:

    (i) the address of the applicant's proposed principal place of business and of each proposed branch office;

    (ii) any trade or fictitious name that the applicant intends to use while conducting the business of the private detective agency;

    (iii) the submission of a facsimile of any trademark that the applicant intends to use while conducting the business of the private detective agency; and

    (iv) as the Secretary considers appropriate, any other information to assist in the evaluation of:

      (1) an individual applicant; or

      (2) if the applicant is a firm, any firm member.

(e) The application provided by the Secretary shall contain a statement advising the applicant that willfully making a false statement on an application is a misdemeanor, subject to a fine or imprisonment or both, as provided under Sec.Sec. 13-705 and 13-707 of this title.

(f)

  (1) If the applicant is an individual, the application shall be signed, under oath, by the individual.

  (2) If the applicant is a firm, the application shall be signed, under oath, by the representative member, as the representative member, and by all the other firm members.

(g)

  (1) If the applicant is an individual, the application shall be accompanied by at least three names of individuals who can attest to the character of the applicant.

  (2) If the applicant is a firm, the application shall be accompanied by at least three names of individuals who can attest to the character of each firm member.

(h) An applicant for a license who intends to employ at least 5 individuals as private detectives shall submit with the application proof of commercial general liability insurance, including errors and omissions and completed operations with a $1,000,000 total aggregate minimum, as required under Sec. 13-604 of this title.

(i) In addition to meeting the other requirements of this section, a nonresident applicant shall submit a consent and any related document, as required by Sec. 13-605 of this title.

#### Section 13-305

The Secretary 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.

#### Section 13-306

(a)

  (1) The Secretary shall issue a license to each applicant who meets the requirements of this subtitle.

  (2) The Secretary shall issue an agency license certificate to each licensed private detective agency and a branch office certificate for each proposed branch office.

(b)

  (1) The Secretary shall include on each agency license certificate that the Secretary issues:

    (i) the full name of the licensee;

    (ii) the location of the principal office and of each branch office of the licensed private detective agency;

    (iii) the date of issuance of the license;

    (iv) the date on which the license expires; and

    (v) the name and address of the representative member, if the licensee is a firm.

  (2) The Secretary shall include on each branch office certificate:

    (i) the full name of the licensee;

    (ii) the location of the principal office of the licensee and of the agency branch office for which the certificate is issued;

    (iii) the date of issuance of the branch office certificate;

    (iv) the date on which the license of the licensee expires; and

    (v) the name and agency address of the representative member, if the licensee is applying on behalf of a firm.

#### Section 13-307

While a license is in effect, it authorizes the licensee to:

(1) conduct a business that provides private detective services for compensation;

(2) maintain an office for the conduct of the business at each location stated in the agency license certificate;

(3) employ individuals as private detectives to provide private detective services to the public on behalf of the licensee; and

(4) represent the licensee to the public as a private detective agency.

#### Section 13-308

(a) By regulation, the Secretary shall stagger the terms of the licenses.

(b) Unless a license is renewed for a 3-year term as provided in this section, the license expires on the day that the Secretary sets.

(c) At least 1 month before a license expires, the Secretary shall electronically transmit to the licensee a notice that states:

  (1) the date on which the current license expires;

  (2) that the Secretary must receive the renewal application and the statements required under Sec. 13-309 of this subtitle, at least 15 days before the license expiration date, for the renewal to be issued and mailed before the license expires;

  (3) the amount of the renewal fee;

  (4) that, if the statements required under Sec. 13-309 of this subtitle are not received at least 15 days before the license expiration date, a fee of $10 per day shall be charged against the licensee until the statements are received; and

  (5) that the submission of a false statement in the renewal application or in the annual statements is cause for revocation of the license.

(d) A licensee periodically may renew the license for an additional 3-year term, if the licensee:

  (1) otherwise is entitled to be licensed;

  (2) pays to the Secretary in a method approved by the Secretary:

    (i) a renewal fee of:

      (1) $200, if the licensee is an individual; or

      (2) $400, if the licensee is a firm; and

    (ii) any late fee required under Sec. 13-309 of this subtitle; and

  (3) submits to the Secretary:

    (i) a renewal application in the manner and format designated by the Secretary; and

    (ii) the statements required under Sec. 13-309 of this subtitle.

(e) The Secretary shall renew the license of each licensee who meets the requirements of this section.

#### Section 13-309

(a) As a condition for license renewal, a licensee shall submit to the Secretary with the renewal application:

  (1) a certification or, as authorized by the Secretary, other documentation that the licensed private detective agency has paid, for the past 3 years, all withholding and Social Security taxes;

  (2) a certification or, as authorized by the Secretary, other documentation that the licensed private detective agency has paid, for the past 3 years, all other obligations payable for the employees of the licensed private detective agency to the State or the federal government;

  (3) a certificate from an insurance carrier or, as authorized by the Secretary, other documentation showing that the licensed private detective agency has in effect workers' compensation insurance for its covered employees, as defined in Sec. 9-101 of the Labor and Employment Article; and

  (4) a receipt from the Comptroller's Office or, as authorized by the Secretary, other documentation showing that the State income tax of the licensed private detective agency has been paid for the past 3 years.

(b) If the Secretary does not receive the documents required under subsection (a) of this section at least 15 days before the license expiration date, the Secretary shall charge the licensee a late fee of $10 per day until the documents are received.

(c) The Secretary may inspect any of the business records of a licensee that relate to any matter that is subject to certification or documentation under this section.

#### Section 13-310

(a) Each licensee shall maintain an office in the State.

(b) Each licensee shall keep in an office in the State all files or other records that:

  (1) are made in the State; and

  (2) relate to an investigation in the State.

#### Section 13-311

(a)

  (1) Within 5 days after the change, a licensee shall submit to the Secretary written notice of:

    (i) the addition of a branch office; and

    (ii) any change in the address of an existing office.

  (2) The licensee shall submit with the notice:

    (i) the agency license certificate; and

    (ii) if the proposed change affects an existing branch office, the branch office certificate for that office.

  (3) The Secretary may:

    (i) endorse the change on the agency license certificate and, if applicable, on the branch office certificate of the affected branch office; or

    (ii) issue a new agency license certificate and, if applicable, a new branch office certificate, both of which shall set forth the same date as the original agency license certificate.

(b) Within 5 days after the occurrence, a firm shall submit to the Secretary written notice of:

  (1) the withdrawal of any firm member; and

  (2) the death of any firm member.

#### Section 13-312

(a) Each licensee shall display at all times:

  (1) the agency license certificate in a conspicuous place in the principal office of the private detective agency; and

  (2) each branch office certificate in a conspicuous place in the agency branch office for which the certificate was issued.

(b)

  (1) If an agency license certificate or branch office certificate is lost or destroyed, the licensee immediately shall notify the Secretary.

  (2) On receipt of notice of the loss or destruction of an agency license certificate or branch office certificate, the Secretary may issue a duplicate.

#### Section 13-313

(a) Subject to the hearing provisions of Sec. 13-315 of this subtitle, the Secretary may deny a license to any applicant, reprimand any licensee, fine any licensee or agency, or suspend or revoke a license if the applicant or licensee:

  (1) fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another;

  (2) fraudulently or deceptively uses a license;

  (3) aids an individual to obtain or to attempt to obtain fraudulently or deceptively certification under this title as a private detective;

  (4) while not licensed, solicits to engage in or willfully engages in a business providing private detective services in the State;

  (5) while not licensed, willfully advertises:

    (i) as a private detective agency; or

    (ii) the provision of private detective services;

  (6) willfully makes a false statement or misrepresentation that an individual is or was in the employ of the applicant or licensee;

  (7) willfully makes a false statement or misrepresentation in any renewal application, in any annual statement, or in any other report or document that the Secretary requires to be submitted;

  (8) fails to notify the Secretary about any change among the firm members or in the address of the principal office or any branch office of a licensee;

  (9) fails to maintain the liability insurance required under Sec. 13-604 of this title; or

  (10) violates any other provision of this title.

(b) 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.

#### Section 13-314

(a) Subject to this section, the Secretary shall commence proceedings under Sec. 13-313 of this subtitle on the Secretary's own complaint or on a complaint made to the Secretary by any person.

(b)

  (1) A complaint shall:

    (i) be in writing;

    (ii) be signed by the complainant; and

    (iii) state specifically the facts on which the complaint is based.

  (2) If a complaint is made by any person other than the Secretary, the complaint shall be made under oath by the person who submits the complaint.

(c)

  (1) On receipt of a complaint that alleges facts that are grounds for action under Sec. 13-313 of this subtitle, the Secretary shall appoint an officer of the Department of State Police, with the rank of lieutenant or above, as the investigating officer for the complaint.

  (2) The investigating officer may assign responsibility for conducting the investigation to other members of the Department of State Police.

(d)

  (1) On conclusion of the investigation, the investigating officer shall determine whether there is a reasonable basis to believe that there are grounds for disciplinary action under Sec. 13-313 of this subtitle.

  (2) If the investigating officer finds a reasonable basis as provided under paragraph (1) of this subsection, the Secretary shall act on the complaint as provided under Sec. 13-315 of this subtitle.

#### Section 13-315

(a) Except as otherwise provided in Sec. 10-226 of the State Government Article, before the Secretary takes any final action under Sec. 13-313 of this subtitle, the Secretary shall give the person against whom the action is contemplated an opportunity for a hearing before the Secretary.

(b) The Secretary shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.

(c) The Secretary may administer oaths in connection with any proceeding under this section.

(d) The hearing notice to be given to the person shall be written and sent at least 10 days before the hearing.

(e) The person may be represented at the hearing by counsel.

(f) If, after due notice, the person against whom the action is contemplated fails or refuses to appear, nevertheless the Secretary may hear and determine the matter.

#### Section 13-316

(a) Within 5 days after the Secretary suspends or revokes the license of a person, the person shall surrender to the Secretary the agency license certificate and each branch office certificate of the person.

(b) The Secretary may not refund to a person whose license is suspended or revoked any fee paid under this title.

### Subtitle 4. Certification of Private Detectives

#### Section 13-401

(a) Except as provided under subsection (b) of this section or Sec.Sec. 10-14A-03 and 10-14B-03 of the State Government Article, an individual shall be certified by the Secretary as a private detective before the individual personally may provide any private detective service in the State.

(b) An individual who is not certified as a private detective may provide private detective services in the State if:

  (1) the individual is employed by or has applied for employment with a licensed private detective agency;

  (2) the licensed private detective agency has submitted to the Secretary the application of the individual for certification as a private detective, fingerprint cards, and fees required under Sec. 13-403 of this subtitle;

  (3) after a preliminary background investigation, the Secretary determines that the provision of private detective services by the individual would not result in a potential threat to public safety; and

  (4) the Secretary has not denied the application.

#### Section 13-402

An individual qualifies for certification as a private detective if the individual:

(1) holds a license;

(2) is a firm member of a licensed private detective agency; or

(3)

  (i) is an employee of or an applicant for employment with a licensed private detective agency; and

  (ii) meets the qualifications set forth under Sec. 13-403 of this subtitle.

#### Section 13-403

To qualify for certification as a private detective, an employee of or applicant for employment with a licensed private detective agency shall:

(1) meet the standards set by the Secretary;

(2) submit to the Secretary:

  (i) a sworn application in the manner and format designated by the Secretary; and

  (ii) the fingerprints required under Sec. 13-304(c)(2)(i) of this title; and

(3) pay to the Secretary in a method approved by the Secretary:

  (i) an application fee of $15; and

  (ii) the fees required under Sec. 13-304(c)(2) of this title.

#### Section 13-404

The Secretary shall certify as a private detective each individual who meets the requirements of this subtitle.

#### Section 13-404.1

(a) By regulation, the Secretary shall stagger the terms of the certifications under this subtitle.

(b) Unless a certification is renewed for a 3-year term as provided in this section, the certification expires on the date the Secretary sets.

(c) At least 90 days before a certification expires, the applicant shall submit to the Secretary in the manner and format designated by the Secretary:

  (1) a renewal application;

  (2) the amount of the renewal fee in a method approved by the Secretary; and

  (3) the amount of any late fee, as determined by the Secretary.

(d) An individual periodically may renew the certification for an additional 3-year term, if the individual:

  (1) is otherwise entitled to be certified;

  (2) pays to the Secretary in a method approved by the Secretary:

    (i) a renewal fee of $10;

    (ii) the fee authorized under Sec. 10-221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records;

    (iii) the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check; and

    (iv) any late fee required under this subtitle; and

  (3) submits to the Secretary:

    (i) a renewal application in the manner and format designated by the Secretary; and

    (ii) two complete sets of the applicant's legible fingerprints taken in a format approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation.

(e) In accordance with Sec.Sec. 10-201 through 10-234 of the Criminal Procedure Article, the Central Repository shall forward to the applicant and the Department of State Police a printed statement of the applicant's criminal history records information.

(f)

  (1) Subject to paragraph (2) of this subsection, if a complete application for renewal of certification as required under this subtitle is not received by the Secretary at least 30 calendar days before the certification expires, the Secretary shall assess a late fee of $5 per day until the application is received by the Secretary, unless the applicant did not make timely renewal because of incapacity, hospitalization, being called to active military duty, or other hardship.

  (2) The total amount of late fees assessed under this subsection may not exceed $150.

  (3) The Secretary may not certify any applicant under this title if the applicant has outstanding late fee obligations.

(g)

  (1) The Secretary shall renew the certification of each individual who meets the requirements of this section.

  (2) Within 5 days after the Secretary refuses to renew the certification of an individual as a private detective, the Secretary shall send written notice of the refusal to the individual who submitted the renewal application.

#### Section 13-405

While certification of an individual as a private detective is in effect, the certification authorizes the individual to provide private detective services only:

(1) on behalf of the private detective agency through which the individual obtained the certification; and

(2) while that private detective agency is licensed under this title.

#### Section 13-406

(a) The Secretary shall issue to each individual who is certified as a private detective under this subtitle a certification card that identifies the individual as a certified private detective.

(b)

  (1) Subject to this subsection, the Secretary shall determine the form and content of the certification card.

  (2) The certification card shall be of a size and made of materials appropriate for its intended use, as provided under Sec. 13-407 of this subtitle.

  (3) The certification card shall contain:

    (i) a statement that in substance specifies that the individual is certified by the Secretary as a private detective;

    (ii) the name of the licensed private detective agency with or by which the individual is associated or employed; and

    (iii) any information that the Secretary considers appropriate to:

      (1) identify the individual; or

      (2) specify the authority of the individual.

#### Section 13-407

(a) At any time that a certified private detective provides a private detective service, the private detective shall carry the certification card issued under Sec. 13-406 of this subtitle.

(b) On request of a law enforcement officer, a certified private detective shall show the private detective's certification card.

#### Section 13-408

A certified private detective may wear or carry a badge only if:

(1) the Secretary authorizes the wearing or carrying of the badge;

(2) the design of the badge is approved by the Secretary; and

(3) the badge is issued by the licensed private detective agency through which the private detective is certified.

#### Section 13-409

Subject to the hearing provisions of Sec. 13-411 of this subtitle, the Secretary may deny certification as a private detective to any applicant, reprimand or fine any individual certified as a private detective, or suspend or revoke the certification of an individual:

(1) for any applicable ground under Sec. 13-313 of this title;

(2) if the applicant or individual fraudulently or deceptively obtains or attempts to obtain certification as a private detective for the applicant or individual or for another; or

(3) if the applicant or individual fails to maintain the standards set by the Secretary for certification as a private detective.

#### Section 13-410

(a) Subject to this section, the Secretary shall commence proceedings under Sec. 13-409 of this subtitle on the Secretary's own complaint or on a complaint made to the Secretary by any person.

(b)

  (1) A complaint shall:

    (i) be in writing;

    (ii) be signed by the complainant; and

    (iii) state specifically the facts on which the complaint is based.

  (2) If a complaint is made by any person other than the Secretary, the complaint shall be made under oath by the person who submits the complaint.

(c)

  (1) On receipt of a complaint that alleges facts that are grounds for action under Sec. 13-409 of this subtitle, the Secretary shall appoint an officer of the Department of State Police, with the rank of lieutenant or above, as the investigating officer for the complaint.

  (2) The investigating officer may assign responsibility for conducting the investigation to other members of the Department of State Police.

(d)

  (1) On conclusion of the investigation, the investigating officer shall determine whether there is a reasonable basis to believe that there are grounds for disciplinary action under Sec. 13-409 of this subtitle.

  (2) If the investigating officer finds a reasonable basis as provided under paragraph (1) of this subsection, the Secretary shall act on the complaint as provided under Sec. 13-411 of this subtitle.

#### Section 13-411

(a) Except as otherwise provided in Sec. 10-226 of the State Government Article, before the Secretary takes any final action under Sec. 13-409 of this subtitle, the Secretary shall give the individual against whom the action is contemplated an opportunity for a hearing before the Secretary.

(b) The Secretary shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.

(c) The Secretary may administer oaths in connection with any proceeding under this section.

(d) The hearing notice to be given to the individual shall be written and sent at least 10 days before the hearing.

(e) The individual may be represented at the hearing by counsel.

(f) If, after due notice, the individual against whom the action is contemplated fails or refuses to appear, nevertheless the Secretary may hear and determine the matter.

#### Section 13-412

Within 5 days after the Secretary suspends or revokes the certification of an individual as a private detective, the individual shall surrender to the Secretary the certification card and badge, if any, of the individual.

### Subtitle 6. Miscellaneous Provisions

#### Section 13-601

A private detective agency is responsible for the acts of each of its employees while the employee is conducting the business of the agency.

#### Section 13-602

(a) The offices of each private detective agency shall be supervised by an individual who:

  (1) holds, as an individual, the license of the private detective agency; or

  (2) is the representative member of the private detective agency appointed under Sec. 13-302(b) of this title.

(b) If a private detective agency is a firm, the agency shall notify the Secretary about:

  (1) the identity of the individual serving as the representative member of the agency; and

  (2) each vacancy in that position.

(c)

  (1) Except as provided in paragraph (2) of this subsection, a private detective agency shall appoint a representative member within 90 days after a vacancy occurs in the position.

  (2) If the vacancy is caused by the death of or an incapacitating injury to the representative member, the private detective agency shall appoint a replacement within 180 days after the vacancy occurs.

(d) If a licensed private detective agency fails to appoint a representative member as required under subsection (c) of this section, the license of the private detective agency:

  (1) is suspended automatically; and

  (2) shall remain suspended until the agency complies with the requirements.

(e) The Secretary may adopt regulations to carry out this section.

#### Section 13-604

(a) A private detective agency that employs 5 or more individuals as private detectives shall:

  (1) maintain commercial general liability insurance, including errors and omissions and completed operations with a $1,000,000 total aggregate; and

  (2) submit proof of the required insurance to the Secretary.

(b)

  (1) If an applicant for a license intends to employ 5 or more individuals as private detectives, the applicant shall submit proof of the liability insurance required under subsection (a) of this section to the Secretary with the license application.

  (2) The Secretary may not issue a license to an applicant to whom the insurance requirements of this section would apply unless the applicant submits proof of the insurance.

(c) If the insurance required for a private detective agency under this section is canceled, forfeited, or otherwise terminated, both the private detective agency and the insurer shall notify the Secretary.

(d) If a private detective agency fails to maintain the liability insurance required under this section, the license of the private detective agency:

  (1) is suspended automatically;

  (2) shall remain suspended until the agency complies with the requirements under subsection (a) of this section; and

  (3) may not be reinstated until the agency submits proof of the required insurance to the Secretary.

#### Section 13-605

(a) A nonresident applicant for a license shall submit to the Secretary of State a consent, as provided under this section.

(b) The consent required under this section shall:

  (1) specify that service of process on the Secretary of State shall bind the applicant in any action, suit, or proceeding brought against the applicant;

  (2) specify that an action, suit, or proceeding may be brought against the applicant in any county where:

    (i) the cause of action arose; or

    (ii) the plaintiff resides; and

  (3) be signed by the representative member of the applicant.

(c) In addition to submitting a consent, a nonresident applicant shall submit to the Secretary of State a certified copy of a resolution adopted by the firm that confirms that the firm members, board of directors, or other managing board of the firm authorized the representative member to execute and submit the consent on behalf of the firm.

(d) An applicant who is required under this section to submit a consent or a consent and authorization to the Secretary of State shall submit copies of the signed documents to the Secretary.

(e) The Secretary may not issue a license to a nonresident applicant, unless the nonresident applicant complies with the requirements of subsections (a) through (d) of this section.

(f)

  (1) Subject to paragraph (2) of this subsection, service of process on the Secretary of State binds a person who has submitted a consent to the Secretary of State, as required under this section.

  (2) If service of process is made on the Secretary of State as authorized under this section, the person initiating the action, suit, or proceeding immediately shall send a copy, by certified mail, return receipt requested, to the principal office in the State of the person against whom the action, suit, or proceeding is directed.

  (3) As to any person who submits a consent as required under this section, any action, suit, or proceeding may be brought in any county where:

    (i) the cause of action arose; or

    (ii) the plaintiff resides.

#### Section 13-606

(a) A private detective agency may not divulge information obtained while providing services unless:

  (1) directed by the client for whom the services are provided;

  (2) authorized by subsection (b) of this section; or

  (3) required by law.

(b) If, while providing services, a private detective agency obtains any information about a criminal offense, the private detective agency may divulge the information to:

  (1) a law enforcement officer;

  (2) the Attorney General or a representative of the Attorney General; or

  (3) a State's Attorney or a representative of a State's Attorney.

(c) Except as provided in subsection (d) of this section, an individual who is employed by a private detective agency may not divulge to anyone other than to authorized staff of the agency any information that:

  (1) was acquired by the employee or other agency staff while providing services for the agency; and

  (2) relates to the assignment for which services are provided.

(d) An employee of a private detective agency may divulge information that is restricted under subsection (c) of this section:

  (1) as directed by the private detective agency; or

  (2) on a request made by the Secretary in the course of an investigation by the Secretary.

#### Section 13-607

(a) In this section, "agency equipment" means a badge, clothing, or other equipment that:

  (1) belongs to a private detective agency; and

  (2) bears the name, trade name, or trademark of the private detective agency.

(b) If a private detective agency issues agency equipment for use by an individual who is associated with or employed by the agency, the individual shall return the agency equipment to the agency within 10 days after:

  (1) the termination of the individual's association or employment with the agency; or

  (2) the written request of an authorized representative of the agency.

#### Section 13-608

If a certified private detective loses a certification card, the private detective immediately shall give the Secretary notice of the loss and the circumstances regarding the loss.

### Subtitle 7. Prohibited Acts; Penalties

#### Section 13-701

(a) A person may not engage in, attempt to engage in, offer to engage in, or solicit to engage in a business for the purpose of providing private detective services in the State unless licensed as a private detective agency by the Secretary.

(b) An individual may not provide, attempt to provide, offer to provide, or solicit to provide private detective services in the State unless certified as a private detective by the Secretary.

#### Section 13-702

(a) Unless authorized under this title to engage in business for the purpose of providing private detective services, a person may not represent to the public, by use of a title, including "licensed private detective agency", "private detective agency", "private detectives", or "private investigators", by description of services, methods, or procedures, or otherwise, that the person is authorized to engage in the business of providing private detective services in the State.

(b) Unless an individual is certified as a private detective under this title, the individual may not represent to the public, by use of a title, including "certified private detective", "licensed private detective", "private detective", or "private investigator", by use of a badge or identification card, by description of services, methods, or procedures, or otherwise, that the individual is authorized to provide private detective services in the State.

#### Section 13-703

(a) Except as authorized under this title, a private detective agency may not provide any person with a badge or a certification card or other document indicating that any individual is a private detective.

(b) A certified private detective may not lend the private detective's certification card or badge to another person or allow another person to use or display the card or badge.

(c) Regardless of any association that an individual may have with a private detective agency, unless authorized under this title, the individual may not wear or carry a badge that:

  (1) represents that the individual is a private detective; or

  (2) otherwise represents that the individual is associated with a private detective agency.

#### Section 13-704

(a)

  (1) A licensee may not display or allow to be displayed the agency license certificate at any location other than the principal office of the licensee, as specified in the certificate.

  (2) A licensee may not display or allow to be displayed a branch office certificate at any location other than the branch office specified in the certificate.

(b) A licensee may not knowingly alter, deface, or destroy or knowingly allow the alteration, defacement, or destruction of an agency license certificate or branch office certificate.

#### Section 13-705

A person may not willfully make a false statement on any application form, annual statement, or other document submitted to the Secretary under this title.

#### Section 13-706

An individual whom a licensee employs as a private detective may not willfully make a false statement or report to the licensee about any case conducted or services provided by the licensee.

#### Section 13-707

(a) A person who violates any provision of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.

(b) The fines assessed under Sec.Sec. 13-313 and 13-409 of this title may not exceed $5,000 per violation, or a maximum aggregate of $10,000 for a 2-year license term, and shall be paid to the Secretary within 10 days after final adjudication of any hearing or upon the waiver of any hearing.

(c) Notwithstanding the provisions of Sec.Sec. 13-313 and 13-409 of this title, the Secretary may fine either the licensed agency or the individual working on behalf of the licensed agency, but not both, for the same violation.

### Subtitle 8. Short Title

#### Section 13-801

This title may be cited as the "Maryland Private Detectives Act".

---

Md. Code Ann., Bus. Occ. & Prof. (as displayed at mgaleg.maryland.gov, October 16, 2026)