# COMAR Title 09 — Maryland Department of Labor ## Subtitle 25 — Secondhand Precious Metals and Gem Dealers and Pawnbrokers ### Chapter 01 — Licenses **Authority:** Business Regulation Article, Title 12, Annotated Code of Maryland **Administrative History:** Effective date: December 24, 1990 (17:25 Md. R. 2907) **Administrative History:** Regulation .03 amended effective September 9, 1996 (23:18 Md. R. 1316) **Administrative History:** Regulation .05 adopted effective September 9, 1996 (23:18 Md. R. 1316) #### Regulation .01 License Required. *COMAR 09.25.01.01* A. Individuals engaged in the business of buying, acquiring, or trading commercially with members of the public in secondhand precious metals are required to be licensed as dealers unless specially exempt under Business Regulation Article, §12-102, Annotated Code of Maryland. B. Each of the following individuals, when engaged in the secondhand precious metals business, shall be licensed as dealers: (1) In a sole proprietorship, the owner shall be licensed as a dealer; (2) In a partnership, each partner shall be licensed as a dealer; (3) In a corporation whose stock is not publicly traded on one of the stock exchanges, the individual who owns the controlling interest in the corporation shall be licensed as a dealer; (4) In a corporation whose stock is publicly traded, the individual who is the manager of the shop which deals in secondhand precious metals shall be licensed as a dealer. #### Regulation .02 License Address. *COMAR 09.25.01.02* A. A dealer's license may only be issued for a specific fixed address. B. A license may not be transferred to another address. C. If a dealer moves the place of business to a new address, the dealer shall obtain a new license before engaging in the secondhand precious metals business at the new address. D. If a dealer has more than one place of business, a separate license shall be obtained for each address. #### Regulation .03 License Name. *COMAR 09.25.01.03* A. A dealer's license may be issued only in the name of an individual. If the individual operates under a trade name or through a corporation or other commercial entity, the trade name, the corporate name, or business name shall be listed on the license. B. A licensee may not operate as a secondhand precious metals dealer under any name other than the individual's name unless the trade name, corporate name, or name of the business is listed on the dealer's license and is certified to the Department of Assessments and Taxation under Article 2, §18, Annotated Code of Maryland. C. A licensee shall only use the trade, corporate, or business name listed on the license. D. A licensee may only effect a change of a trade, corporate, or business name if the licensee: (1) Notifies the Secretary of the licensee's intent to change the trade, corporate, or business name; and (2) Receives approval from the Secretary of the change of the trade, corporate, or business name. #### Regulation .04 License Renewal. *COMAR 09.25.01.04* A. Each secondhand precious metals dealer's license issued by the Secretary of Labor expires on April 30 of each even-numbered year, irrespective of the date when the license was issued. B. If a fully executed application for renewal is filed before the expiration of a dealer's license, the licensee may continue to operate as a dealer while the application for renewal is pending. C. If an application for renewal is not filed until after the expiration of a dealer's license, the dealer may not engage in the secondhand precious metals business until the required State police investigation is complete and the application for renewal is finally approved by the Secretary of Labor. #### Regulation .05 Employees of the Licensee. *COMAR 09.25.01.05* A. At the time an individual applies for a license, the individual shall: (1) On a form provided by the Secretary, submit the name of each employee who, on behalf of the applicant, will engage in a precious metal object transaction or pawn transaction; (2) Submit documents, as required by the Secretary, necessary to conduct a criminal background investigation for each employee who will engage in a precious metal object or pawn transaction; and (3) Pay the fee for each employee pursuant to Business Regulation Article, §12-203, Annotated Code of Maryland. B. A current licensee shall notify the Secretary, under the requirements of §A of this regulation, of the identity of an employee whom the licensee intends to hire to engage in a precious metal object or pawn transaction. C. The licensee may not permit an employee to engage in a precious metal object or pawn transaction until the Secretary notifies the licensee of the licensee's compliance with §A or B of this regulation. ### Chapter 02 — Registration of Weights and Measures **Authority:** Business Regulation Article §§12-103 and 12-302(a)(3)(iv), Annotated Code of Maryland **Administrative History:** Effective date: October 24, 1994 (21:21 Md. R. 1814) #### Regulation .01 Definition. *COMAR 09.25.02.01* “Weight and measure” has the meaning stated in Agriculture Article, §11-101, Annotated Code of Maryland. #### Regulation .02 Registration Required. *COMAR 09.25.02.02* A. A licensed dealer shall register with the Department of Agriculture any weights and measures which are used in buying from, selling to, or trading commercially with the public, any secondhand precious metal object. B. Registration with the Department of Agriculture shall be in accordance with Agriculture Article, §§11-204.1—11-204.7, Annotated Code of Maryland. C. A licensed dealer shall display the registration conspicuously in the place of business of the licensee. ### Chapter 03 — General Regulations **Authority:** Business Regulation Article §§12-103, 12-207(g), and 12-209(a)(2)(ix), Annotated Code of Maryland **Administrative History:** Effective date: December 31, 2018 (45:26 Md. R. 1241) #### Regulation .01 Failure to Respond. *COMAR 09.25.03.01* A. If an applicant or licensee receives from the Secretary or the Secretary’s designee a written communication requesting a response, the applicant or licensee shall respond in writing within 30 days of the date of the mailing. B. The Secretary or the Secretary’s designee shall send a written communication by first-class mail to the last business address furnished to the Secretary or the Secretary’s designee by the applicant or licensee. C. It is the responsibility of an applicant or licensee to notify the Secretary in writing if there has been a change in an applicant’s or licensee’s address. D. Failure to respond as required by this regulation may be considered by the Secretary or the Secretary’s designee to be a violation of Business Regulation Article, §12-209(a)(2)(ix), Annotated Code of Maryland.