Except as otherwise provided in this title, a person shall be licensed by the Secretary as a security guard agency before the person may: conduct a business that provides security guard services in the State; and solicit to engage in a business that provides security guard services in the State. An individual or a firm may qualify for a license as a security guard agency.

To qualify for a license, an applicant shall meet the requirements of this section. 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. If the applicant is an individual, the applicant shall be of good character and reputation. If the applicant is a firm, each firm member shall be of good character and reputation. The individual applicant or the representative member shall be at least 25 years old. The applicant shall meet the experience requirements of § 19-303 of this subtitle.

In this section, “organized police agency” means: a police department of the State or of a county or municipal corporation of the State; a private police department that is allowed to enroll its officers in approved Maryland Police Training and Standards Commission schools and academies; or a law enforcement agency of the United States, of any state, or of any county or municipal corporation of any state. An individual applicant or, if the applicant is a firm, the representative member shall have: at least 5 years experience as a full–time private detective certified under Title 13 of this article; at least: 5 years of experience as a full–time police officer with an organized police agency; and completed successfully a police officer training course that is recognized and approved by the Maryland Police Training and Standards Commission; at least 3 years of experience in an investigative capacity as a detective while serving as a police officer with an organized police agency; at least: 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 completed successfully the police officer training that is recognized and approved by the Maryland Police Training and Standards Commission; at least: 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 completed successfully the training certified by the Maryland Police Training and Standards Commission or the Maryland Fire–Rescue Education and Training Commission; or at least: 5 years of experience as a full–time correctional supervisor in a correctional facility in the State; and completed successfully the training required by the Correctional Training Commission.

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 under this section; and pay to the Secretary, in a method approved by the Secretary, the fees required under subsection (b) of this section. 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. An applicant for a license shall pay to the Secretary an application fee of: $200, if the applicant is an individual; or $375, if the applicant is a firm; and the fees authorized under subsection (c) of this section. As part of the application for a license, the applicant shall submit to the Secretary the fingerprints required under subsection (c) of this section. If the applicant is a firm, the applicant shall pay the cost of the fingerprint card record checks for each firm member. The Department of State Police shall apply to the Central Repository for a State and national criminal history records check for each applicant. As part of the application for a criminal history records check, the Department of State Police shall submit to the Central Repository: 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; 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. 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 record information. Information obtained from the Central Repository under this section shall be: confidential and may not be disseminated; and used only for the purpose authorized by this section. 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 § 10–223 of the Criminal Procedure Article. If the applicant is an individual, the application provided by the Secretary shall require: the name of the applicant; the age of the applicant; the address of the applicant; and the current and previous employment of the applicant. If the applicant is a firm, the application provided by the Secretary shall require: a list of all of the firm members; and for each firm member, the same information required regarding an individual applicant under paragraph (1) of this subsection. For all applicants, the application shall require: the address of the applicant’s proposed principal place of business and of each proposed branch office; any trade or fictitious name that the applicant intends to use while conducting the business of the security guard agency; the submission of a facsimile of any trademark that the applicant intends to use while conducting the business of the security guard agency; and as the Secretary considers appropriate, any other information to assist in the evaluation of: an individual applicant; or if the applicant is a firm, any firm member. 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 §§ 19–605 and 19–607 of this title. If the applicant is an individual, the application shall be signed, under oath, by the individual. If the applicant is a firm, the application shall be signed, under oath, by the representative member, as the representative member, and shall provide proof to the Secretary that the representative member is a member of the firm. 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. 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. An applicant for a license who intends to employ one or more individuals as security guards shall submit with the application proof of commercial general liability insurance, as required under § 19–504 of this title. In addition to meeting the other requirements of this section, a nonresident applicant shall submit a consent and any related document, as required by § 19–505 of this title.

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.

The Secretary shall issue a license to each applicant who meets the requirements of this subtitle. The Secretary shall issue an agency license certificate to each licensed security guard agency and a branch office certificate for each proposed branch office. The Secretary shall include on each agency license certificate that the Secretary issues: the full name of the licensee; the location of the principal office and of each branch office of the licensed security guard agency; the date of issuance of the license; the date on which the license expires; and the name of the representative member, if the licensee is a firm. The Secretary shall include on each branch office certificate: the full name of the licensee; the location of the principal office of the licensee and of the agency branch office for which the certificate is issued; the date of issuance of the branch office certificate; the date on which the license of the licensee expires; and the name and agency address of the representative member, if the licensee is applying on behalf of a firm.

While a license is in effect, it authorizes the licensee to: conduct a business that provides security guard services for compensation or for hire; maintain an office for the conduct of business at each location stated in the security guard agency license certificate; employ individuals as security guards to provide security guard services to the public on behalf of the licensee; and represent the licensee to the public as a licensed security guard 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 licensee a notice that states: the date on which the current license expires; that the Secretary must receive the renewal application and the statements required under § 19–309 of this subtitle, at least 15 days before the license expiration date, for the renewal to be issued and mailed before the license expires; the amount of the renewal fee; that, if the statements required under § 19–309 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 that the submission of a false statement in the renewal application or in the annual statements is cause for revocation of the license. A licensee periodically may renew the license for an additional 3–year term, if the licensee: otherwise is entitled to be licensed; pays to the Secretary in a method approved by the Secretary: a renewal fee of: $200, if the licensee is an individual; or $400, if the licensee is a firm; payment for the cost of a fingerprint card record check by the Federal Bureau of Investigation; and any late fee required under § 19–309 of this subtitle; and submits to the Secretary: a renewal application in the manner and format designated by the Secretary; a complete set 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; the statements required under § 19–309 of this subtitle and any other documentation that may be required by the Secretary to renew the agency license under this subtitle; and two photographs of the applicant in a format approved by the Secretary. The Secretary shall renew the license of each licensee who meets the requirements of this section.

As a condition for license renewal, a licensee shall submit to the Secretary with the renewal application: a certification or, as authorized by the Secretary, other documentation that the licensed security guard agency has paid, for the past 3 years, all withholding and Social Security taxes; a certification or, as authorized by the Secretary, other documentation that the licensed security guard agency has paid, for the past 3 years, all other obligations payable for the employees of the licensed security guard agency to the State or the federal government; a certificate from an insurance carrier or, as authorized by the Secretary, other documentation showing that the licensed security guard agency has in effect commercial general and workers’ compensation insurance for its covered employees, as defined in § 9-101 of the Labor and Employment Article; and a certificate from the Comptroller’s Office or, as authorized by the Secretary, other documentation showing that the State income tax of the licensed security guard agency has been paid for the past 3 years. 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. 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.

Each licensee shall maintain an office in the State. Each licensee shall keep in an office in the State all files or other records that: are made in the State; and relate to any business activities in the State.

Within 5 days after the change, a licensee shall submit to the Secretary written notice of: the addition of a branch office; and any change in the address or telephone number of an existing office. The licensee shall submit with the notice: the agency license certificate; and if the proposed change affects an existing branch office, the branch office certificate for that office. The Secretary may: endorse the change on the agency license certificate and, if applicable, on the branch office certificate of the affected branch office; or 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. Within 5 days after the occurrence, a firm shall submit to the Secretary written notice of: the withdrawal of any firm member; and the death of any firm member.

Each licensed security guard agency shall display at all times: the agency license certificate in a conspicuous place in the principal office of the security guard agency; and each branch office certificate in a conspicuous place in the agency branch office for which the certificate was issued. If an agency license certificate or branch office certificate is lost or destroyed, the licensee immediately shall notify the Secretary. On receipt of notice of the loss or destruction of an agency license certificate or branch office certificate, the Secretary may issue a duplicate.

Subject to the hearing provisions of § 19-315 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: fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another; fraudulently or deceptively uses a license; aids an individual to obtain or to attempt to obtain fraudulently or deceptively certification under this title as a security guard; while not licensed, solicits to engage in or willfully engages in a business providing security guard services in the State; while not licensed, willfully advertises: as a security guard agency; or the provision of security guard services; willfully makes a false statement or misrepresentation that an individual is or was in the employ of the applicant or licensee; 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; 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; fails to maintain the liability insurance required under § 19-504 of this title; or violates any other provision of this title. 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.

Subject to this section, the Secretary shall commence proceedings under § 19-313 of this subtitle on the Secretary’s own complaint or on a complaint made to the Secretary by any person. A complaint shall: be in writing; be signed by the complainant; and state specifically the facts on which the complaint is based. 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. On receipt of a complaint that alleges facts that are grounds for action under § 19-313 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. The investigating officer may assign responsibility for conducting the investigation to other members of the Department of State Police. 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 § 19-313 of this subtitle. 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 § 19-315 of this subtitle.

Except as otherwise provided in § 10-226 of the State Government Article, before the Secretary takes any final action under § 19-313 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 Secretary may administer oaths in connection with any proceeding under this section. The hearing notice to be given to the person shall be written and sent at least 10 days before the hearing. 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.

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