Except as provided under subsection (b) of this section or §§ 10–14A–03 and 10–14B–03 of the State Government Article, a licensed security guard agency may provide an individual for hire as a security guard only if the individual is certified by the Secretary as a security guard. A licensed security guard agency may provide an uncertified individual for hire as a security guard if: the security guard agency has submitted to the Secretary the application of the individual for certification as a security guard, fingerprint cards, and records fee as required under § 19–402(b) of this subtitle; and the Secretary has not disapproved the application; or the individual has obtained and currently possesses certification by the Maryland Police Training and Standards Commission as a police officer. Except as provided under subsection (d) of this section, a security guard employer may employ a security guard to provide security guard services only if the individual is certified by the Secretary as a security guard. A security guard employer may employ an uncertified security guard to provide security guard services for the security guard employer if: the security guard employer has submitted to the Secretary the application of the individual for certification as a security guard, fingerprint cards, and records fee as required under § 19–402(b) of this subtitle; and the Secretary has not disapproved the application; or the individual has obtained and currently possesses certification by the Maryland Police Training and Standards Commission as a police officer. This subtitle does not prohibit a security guard employer from hiring security guards from a licensed security guard agency.

To qualify for certification as a security guard, an individual shall: meet the standards set by the Secretary; be an employee of or an applicant for employment with a licensed security guard agency or a security guard employer; be of good moral character and reputation; submit to the licensed security guard agency or the security guard employer, for forwarding to the Secretary: a sworn application in the manner and format designated by the Secretary; the fingerprints required under § 19–304(c) of this title; a nonrefundable application fee of $15; a declaration under the penalties of perjury stating whether: the individual has been convicted of: a disqualifying crime, under § 5–101 of the Public Safety Article; or a crime of violence, under § 14–101 of the Criminal Law Article; if currently or formerly employed as a police officer, the individual has had any formal findings by a court, hearing board, or other governmental entity of unlawful or excessive use of force or of making a false statement during the individual’s employment with the law enforcement agency; and the individual plans to carry a handgun in the course of providing security guard services; and documentation that the individual has either: satisfactorily completed 12 hours of initial security training that is approved by the Maryland Police Training and Standards Commission under § 19–412 of this subtitle; or been employed as a police officer in the 3 years immediately preceding the application; pay to the licensed security guard agency or the security guard employer, for forwarding to the Secretary, the fees authorized under § 19–304(c) of this title; and be at least 18 years old. On receipt from an applicant for certification as a security guard, a licensed security guard agency or security guard employer shall forward to the Secretary the applicant’s application, fingerprint cards, and criminal history records check fees. Subject to paragraph (2) of this subsection, an applicant for certification as a security guard shall complete 12 hours of initial security training that is approved by the Maryland Police Training and Standards Commission under § 19–412 of this subtitle. An applicant for certification may not be required to complete the training specified in paragraph (1) of this subsection if the applicant: has been employed as a police officer in the 3 years immediately preceding the application; and provides supporting documentation with the application for certification as a security guard in accordance with subsection (a)(4)(v)2 of this section.

The Secretary shall certify as a security guard each individual whose application has been submitted as required by this subtitle and who meets the requirements of this subtitle. Within 5 days after the Secretary denies the application of an individual for certification as a security guard, the Secretary shall send written notice of the denial to the licensed security guard agency that submitted the application.

While certification of an individual as a security guard is in effect, the certification authorizes the individual to represent to the public that the individual is certified by the Secretary for employment as a security guard.

Unless a certification is renewed for a 3–year term as provided in this section, the certification expires on the last day of the certification holder’s birth month. At least 90 days, 60 days, and 30 days before a certification expires, the Secretary shall send a renewal notice to a certification holder that states: the date on which the certification expires; and that the renewal application for certification must be received and accepted by the Secretary before the date the certification expires. The Secretary shall send a renewal notice under paragraph (1) of this subsection by electronic means to the last known e–mail address of the certification holder. Before a certification expires, the applicant shall submit to the Secretary in the manner and format designated by the Secretary: a renewal application; and the amount of the renewal fee in a method approved by the Secretary. An individual periodically may renew the certification for an additional 3–year term, if the individual: otherwise is entitled to be certified; pays to the Secretary in a method approved by the Secretary: a renewal fee of $10; and payment for the cost of a fingerprint card record check by the Federal Bureau of Investigation; satisfactorily completes 8 hours of continuing security training that is approved by the Maryland Police Training and Standards Commission under § 19–412 of this subtitle; and submits to the Secretary supporting documentation that demonstrates completion of the training; and submits to the Secretary a renewal application in the manner and format designated by the Secretary. The Secretary may not certify any applicant under this subtitle if the applicant has outstanding obligations under this subtitle. The Secretary shall renew the certification of each individual who meets the requirements of this section. Within 5 days after the Secretary refuses to renew the certification of an individual as a security guard, the Secretary shall send written notice of the refusal to the individual who submitted the renewal application. At least 90 days before a certification expires, the licensed security guard agency or security guard employer shall submit a declaration to the Secretary under the penalties of perjury stating whether it knows that a certified security guard who provides security guard services on the security guard agency’s behalf or for the security guard employer no longer satisfies all of the criteria for certification under § 19–402 of this subtitle.

The Secretary shall issue to each individual who is certified as a security guard under this subtitle a certification card that identifies the individual as a certified security guard. Subject to this subsection, the Secretary shall determine the form and content of the certification card. The certification card shall be of a size and made of materials appropriate for its intended use, as provided under § 19-406 of this subtitle. The certification card shall contain: a statement that in substance specifies that the individual is certified by the Secretary as a security guard; any information that the Secretary considers appropriate to: identify the individual; or specify the authority of the individual; and the date on which the certification expires.

At any time that a certified security guard provides a security guard service, the security guard shall carry the certification card issued under § 19-405 of this subtitle. On request of a law enforcement officer, a certified security guard shall show the security guard’s certification card.

Whenever a security guard is in uniform, the security guard may wear a badge that is: of a design approved by the Secretary; and issued by the licensed security guard agency or the security guard employer that employs the security guard. Whenever a security guard is in uniform, the security guard shall clearly display and wear the clearance card issued by the Secretary which identifies the security guard.

Subject to the hearing provisions of § 19–410 of this subtitle, the Secretary may deny certification as a security guard to any applicant, reprimand or fine any individual certified as a security guard, or suspend, revoke, or refuse to renew the certification of an individual: for any applicable ground under § 19–313 of this title; if the applicant or individual fraudulently or deceptively obtains or attempts to obtain certification as a security guard for the applicant or individual or for another; if the applicant or individual fails to maintain the standards set by the Secretary for certification as a security guard; or if, under the laws of the United States or of any state, the applicant or individual pleads guilty or nolo contendere to or is convicted of: a felony; or a misdemeanor that is directly related to the fitness and qualification of the applicant or individual to be certified as a security guard. Subject to the hearing provisions of § 19–410 of this subtitle, the Secretary shall deny, revoke, or refuse to renew the certification of a security guard who: has been convicted of: a disqualifying crime under § 5–101 of the Public Safety Article; or a crime of violence under § 14–101 of the Criminal Law Article; has had any formal findings by a court, hearing board, the Secretary, or other governmental entity of: unlawful or excessive use of force; or making a false statement during the security guard’s employment as a police officer with a law enforcement agency; or has not satisfactorily completed the required continuing security training under § 19–404.1 of this subtitle. A licensed security guard agency or security guard employer shall notify the Secretary within 48 hours if it knows that an individual who provides security guard services on its behalf or for it has been arrested for a crime of violence under § 14–101 of the Criminal Law Article or a disqualifying crime under § 5–101 of the Public Safety Article. Subject to § 10–226(c)(2) of the State Government Article, the Secretary may impose an emergency suspension of the certification of a security guard who has been arrested for an offense under paragraph (1) of this subsection.

Subject to this section, the Secretary shall commence proceedings under § 19-408 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 § 19-408 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 § 19-408 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 § 19-410 of this subtitle.

Except as otherwise provided in § 10-226 of the State Government Article, before the Secretary takes any final action under § 19-408 of this subtitle, the Secretary shall give the individual 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 individual shall be written and sent at least 10 days before the hearing. The individual may be represented at the hearing by counsel. 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.

Within 5 days after the Secretary suspends or revokes the certification of an individual as security guard, the individual shall surrender to the Secretary the certification card of the individual.

The Maryland Police Training and Standards Commission shall identify initial and continuing training programs for security guard certification and renewal of certification, as required in §§ 19–402 and 19–404.1 of this subtitle. The training programs under subsection (a) of this section shall include training on the following: relevant criminal law; the appropriate use of force; the use of alternatives to force; the use of de–escalation techniques; and promoting appropriate interactions with individuals who: are under 18 years of age; have behavioral health or other disabilities; or are in crisis. Subject to subsection (d) of this section, the training programs identified by the Maryland Police Training and Standards Commission under subsection (a) of this section shall satisfy the following training requirements: the 12–hour initial training requirement under § 19–402 of this subtitle; and the 8–hour continuing security training under § 19–404.1 of this subtitle. If the Maryland Police Training and Standards Commission is unable to identify an initial or continuing training program under subsection (a) of this section, the Commission shall establish an initial or continuing training program that meets the requirements under subsection (b) of this section. The Maryland Police Training and Standards Commission shall prominently publish the list of the programs identified under subsection (a) of this section or established by the Commission under subsection (d) of this section on the Commission’s website.

Subject to subsection (b) of this section, a security guard must hold a valid permit to carry a handgun under Title 5, Subtitle 3 of the Public Safety Article before carrying a handgun while providing security guard services. A security guard may not carry a handgun while providing security guard services until: receiving approval to carry a handgun from the licensed security guard agency or security guard employer; notifying the Secretary of the intent of the security guard to carry a handgun while providing security guard services; and the Secretary confirms that the security guard has a valid permit to carry a handgun under Title 5, Subtitle 3 of the Public Safety Article and has not been convicted of a disqualifying crime under § 5–101 of the Public Safety Article.

In this section, “use of force” means: any physical striking of an individual; any significant physical contact that restricts the movement of an individual, including control techniques; or the detainment of an individual without the individual’s consent. “Use of force” includes: the discharge of a firearm; the discharge of pepper mace, as defined in § 4–101 of the Criminal Law Article; and the use of an electronic control device, as defined in § 4–109 of the Criminal Law Article. “Use of force” does not include mere presence, verbal commands, or escorting an individual with minimal resistance. Subject to paragraph (2) of this subsection, a security guard shall report any use of force against a person while providing security guard services on behalf of the licensed security guard agency or for the security guard employer to the security guard agency or the security guard employer within 48 hours after the use of force on a form provided by the Secretary. A security guard is not required to report any use of force against a person within 48 hours after the use of force if the security guard is seriously injured or disabled. A licensed security guard agency or security guard employer shall, in accordance with paragraph (2) of this subsection, report any use of force by a security guard while providing security guard services on its behalf or for it to the Secretary within 48 hours after receiving the form completed under subsection (b)(1) of this section. The use of force report under paragraph (1) of this subsection shall include: the type of encounter; the type of force used; the location of the incident where force was used; whether the individual against whom force was used was arrested and, if known, what charges the individual received; whether the individual against whom force was used requested or required medical care; whether the security guard requested or required medical care; demographic information about any individuals against whom force was used and any security guard involved in the incident, including race, ethnicity, gender, and age; and the form completed under subsection (b)(1) of this section.