Except as otherwise provided in this title or §§ 10–14A–03 and 10–14B–03 of the State Government Article, a person may not engage, or solicit to engage, in the business of providing security systems services in the State unless the person obtains a license and meets the requirements of § 18–401 of this title.
If the applicant for a license is a firm, the firm shall appoint a firm member as the representative member to make the application on behalf of the firm.
To qualify for a license, if an applicant is an individual, an applicant shall:
be at least 18 years old; and
be of good moral character.
To qualify for a license, if the applicant is a firm, each firm member shall be:
at least 18 years old; and
of good moral character.
The applicant shall meet any other requirements that the Secretary establishes for license applicants.
An applicant for a license shall:
submit to the Secretary an application in the manner and format designated by the Secretary;
submit the documents required by this section; and
pay to the Secretary in a method approved by the Secretary:
an application fee of $100;
the fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records; and
the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.
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 § 18–504 of this title.
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.
The application shall be accompanied by at least two written recommendations for the applicant.
Each recommendation shall be signed, under oath, by a reputable citizen of the State.
An applicant for a license shall submit with the application 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.
If the applicant is a firm, the applicant shall pay the cost of the fingerprint records check for each firm member.
An applicant for a license shall submit with the application a copy of a bond or proof of insurance in accordance with the requirements of § 18–401 of this title.
The Secretary may waive the requirements of subsections (a)(2) and (3), (d), and (e) of this section and issue a license to an applicant who:
provides adequate evidence that the applicant:
is licensed to engage in the business of providing security systems services in another state; and
became licensed in the other state:
after meeting qualifications that are at least equivalent to those required in this State; and
after submitting to a State and national criminal history records check; and
pays to the Secretary, in a method approved by the Secretary, a processing fee of $100.
Except for a license issued under § 18–303(g) of this subtitle, before issuing a license, the Secretary shall conduct a State and national criminal history records check for each applicant who applies for a license.
If the applicant is a firm, the Secretary shall conduct a State and national criminal records check for each firm member.
The Secretary shall issue a license to each applicant who meets the requirements of this title.
The Secretary shall include on each license that the Secretary issues:
the full name of the licensee;
the current address of the licensee;
the date of issuance of the license; and
the date on which the license expires.
Except as provided in subsection (d) of this section, the Secretary shall issue to an individual licensee a pocket identification card that includes:
a photograph of the licensee, supplied by the licensee; and
the license expiration date.
For each license issued under § 18-303(g) of this subtitle, the Secretary shall issue to an individual licensee a licensing certificate instead of a pocket identification card.
The licensing certificate shall be in a format approved by the Secretary.
While a license is in effect, it authorizes the licensee to engage in the business of providing security systems services.
An individual or a firm may qualify for a license as a security systems agency.
By regulation, the Secretary shall stagger the terms of the licenses.
Unless a license is renewed for a 3–year term as provided in this section, the license expires on the date the Secretary sets.
At least 1 month before a license expires, the Secretary shall electronically transmit to the agency a notice that states:
the date on which the current license expires;
that the Secretary must receive the renewal application and proof of insurance or bonding as required in § 18–401 of this title at least 15 days before the license expiration date for the renewal to be issued and mailed before the license expires;
the amount of the renewal fee;
that, if the complete renewal application and proof of insurance or bonding as required in § 18–401 of this title are not received at least 15 days before the license expiration date, a fee of $25 per day shall be charged against the agency until the day the license expires, at which time the agency shall be considered closed;
that an agency may not be issued a license under this title until all outstanding obligations are satisfied with the Secretary; and
that the submission of a false statement in the renewal application or the submission of altered or false documents that are otherwise required is cause for revocation of the agency license.
An agency periodically may renew the license for an additional 3–year term, if the license holder:
otherwise is entitled to be licensed;
pays to the Secretary in a method approved by the Secretary:
a renewal fee of $100;
the fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records;
the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check; and
any late fee required under this subtitle; and
submits to the Secretary:
a renewal application in the manner and format designated by the Secretary;
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; and
satisfactory evidence of compliance with any other requirements under this section for renewal of registration.
In accordance with §§ 10–201 through 10–235 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.
The Secretary may waive the national criminal history records check required under subsection (d) of this section for an applicant who was issued a license under § 18–303(g) of this subtitle if the applicant pays to the Secretary, in a method approved by the Secretary, a processing fee of $100.
If the renewal application was submitted as required in subsection (d) of this section and the national criminal history records check required under this section is not completed before the licensee’s license expires, the Secretary shall allow the licensee to operate in a temporary license status if the licensee otherwise meets the requirements of this section.
A licensee may operate in a temporary license status at the time of renewal only if the renewal application and all required documents and fees were submitted by the expiration date of the license.
The temporary license status shall expire at the earlier of:
the completion of the national criminal history records check of the applicant; or
the renewal or denial of the license.
The Secretary shall renew the license of each applicant who meets the requirements of this section.
If the licensee is an individual, the licensee and each security systems technician employed by the licensee shall carry and display the license on demand of any customer or law enforcement officer.
If the licensee is a firm, each firm member and security systems technician employed by the firm shall carry and display a copy of the license on demand of any customer or law enforcement officer.
Each licensee shall record the license with the Secretary of State.
Each licensee shall give the Secretary written notice of any change of address within 10 business days after the change.
Subject to the hearing provisions of § 18-310 of this subtitle, the Secretary may deny a license to any applicant, reprimand any licensee, fine a licensee, or suspend or revoke a license if the applicant or licensee, or a firm member or employee of an applicant or licensee that is a firm:
fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another;
fraudulently or deceptively uses a license;
has a similar license denied, suspended, or revoked in another jurisdiction;
pleads guilty or nolo contendere to or is convicted of a felony, theft offense, or crime of moral turpitude;
aids an individual in obtaining or attempting to obtain fraudulently or deceptively licensure under this title as a security systems technician;
while not licensed, solicits to engage in or willfully engages in a business providing security systems services;
while not licensed, willfully advertises as a security systems technician;
willfully makes a false statement or misrepresentation in any renewal application or in any other document that the Secretary requires to be submitted; or
violates any other provision of this title or any regulation adopted by the Secretary under this title.
Before the Secretary takes any final action under § 18-309 of this subtitle, the Secretary shall give the person against whom the action is contemplated an opportunity for a hearing before the Secretary.
The Secretary shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.
The hearing notice to be given to the person shall be sent by certified mail to the last known address of the person at least 10 business days before the hearing.
The Secretary may administer oaths in connection with any proceeding under this section.
The person may be represented at the hearing by counsel.
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.
Any person aggrieved by a final decision of the Secretary in a contested case, as defined in § 10-202 of the State Government Article, may take an appeal as allowed in Title 10, Subtitle 2 of the State Government Article.