This chapter describes the Department's voluntary registration of service technicians and service agencies. This certification program is intended to allow owners of commercially used weighing and measuring devices to immediately place into service devices that have been installed, serviced, or repaired by a service technician or service agency registered with the Department. In this chapter, the following terms have the meanings indicated. Terms Defined. Commercial Weighing and Measuring Device. “Commercial weighing and measuring device” means any weighing or measuring device commercially used: In establishing size, quantity, extent, area, or measurement of products for distribution or consumption which are purchased, offered, or submitted for sale, hire, or award; or In computing any basic charge or payment for services rendered. “Commercial weighing and measuring device” includes any accessory attachment to or used in connection with a commercial weighing or measuring device if the accessory is designed or installed so its operation may affect the accuracy of the device. “Department” means Maryland Department of Agriculture. “Device” means a weighing and measuring device. “NIST” means the National Institute of Standards and Technology. “NTEP” means the National Type Evaluation Program. “Person” means any individual, corporation, partnership, association, firm, or other business entity. “Registered service agency” means a person that: Is registered with the Department as a service agency; Installs, services, or repairs a commercial weighing or measuring device; and Employs registered service technicians who have the authority to place devices into service. “Registered service technician” means an individual who: Is certified by the Department as a service technician; Installs, services, or repairs a commercial weighing or measuring device; and Has the authority to place devices into service. Secretary" means the Secretary of Agriculture or the Secretary’s designee. A person seeking certification shall obtain the appropriate form from, and make application to, the Department. An applicant shall pay a one-time application fee of $25 and provide the following information in an application: Name of the applicant or service agency; Principal business address of the applicant or service agency; Whether the applicant has a previous or current registration with any state government relating to service technicians or service agencies; Whether the applicant has ever had a registration suspended or revoked; Any other information the Department considers necessary to determine qualification for receipt of a certificate of registration; and A copy of the current certification of all standards used in the repair, service, or testing of weighing and measuring devices in Maryland. The Secretary has the authority to accept or reject any application for certificate of registration. Registered Service Technician. An applicant seeking to become a certified service technician shall: Except as provided in §B of this regulation, pass a written examination for each type of weighing and measuring device the applicant intends to install, service, repair, or pass and provide certification of National Council on Weights and Measures Registered Service Agency Exams. Possess a working knowledge of weighing and measuring devices for which the applicant intends to be registered; Possess or have access to standards of weights and measures and testing equipment that are: Appropriate in design and adequate in amount to provide the services for which the applicant is requesting registration; and Certified by a NIST-approved State metrology laboratory; and Pay the certificate of registration fee, as outlined in Regulation .07 of this chapter. Instead of requiring the examination specified under §A of this regulation, the Department may accept scores obtained on other State or industry association-approved examinations. Registered Service Agency. An applicant seeking to become a registered service agency shall meet the qualifications set forth in §A(3) and (4) of this regulation. The Department shall notify the applicant of the examination results for each type of weighing and measuring device for which the applicant tested. An applicant who fails and wants to retake an examination shall pay a $25 reexamination fee. A service technician possessing a current certificate of registration from the Department may take additional examinations for other types of weighing and measuring devices. The certified service technician shall submit to the Department, before the testing date, a $25 examination fee in the form of a check or money order. The Department shall issue a certificate of registration to a qualified person under Regulation .04 of this chapter, upon receipt of the appropriate fee specified in §B of this regulation. A qualified person seeking a certificate of registration shall pay to the Department one of the following fees for the appropriate type of registration for which certification is sought: $75 for a service technician certificate; or $250 for a service agency certificate. A service agency is exempt from paying a registration fee if it is: A business employing service technicians to install, place into service, adjust, repair, or service weights or measures that are owned or operated by the business, and used by that business only; or An agency within State or county government engaged in the installation, placing into service, adjusting, repairing, or servicing of weights or measures owned or operated by a State or county government. A service technician who is employed by a service agency that meets the exemption requirements of §C(1) or (2) of this regulation is exempt from paying the registration renewal fee normally required of a service technician. A registration expires on September 30 of the second year after the date issued. The Department shall renew without penalty a registration which has lapsed for less than 3 months. The Department shall renew a registration which has lapsed for 3 months or more only after the applicant meets the qualifications outlined in Regulation .04 of this chapter. A service agency or service technician shall notify the Department in writing of any change in the registrant's name or address within 60 days after the change. Within 5 days after a device is serviced, restored to service, or placed into service, a registered service technician or registered service agency shall notify and provide to the Department the following information: Name and address of service agency, service technician, or both; Location of device; and Make and model of device. At least once every two calendar years, each registered service agency and registered service technician shall submit for examination and certification all standards, except for those noted in §B of this regulation, that are used or intended to be used for servicing and testing commercial weighing and measuring devices for which competence is registered to one of the following locations: The Department; NIST; or A NIST-approved out-of-State weights and measures laboratory. Once every calendar year, each registered service agency and registered service technician shall submit for examination and certification the following standards that are used or intended to be used for servicing and testing commercial weighing or measuring devices for which competence is registered to one of the locations referenced in §A of this regulation: Cast iron hand weights; Self-propelled weight carts; and Five-gallon test measures. If a registered service agency or registered service technician submits standards to NIST or a NIST-approved out-of State weights and measures laboratory, as described in §§A and B of this regulation, the service agency or service technician within 30 days shall provide the Department a copy of the current certification of all standards used in the repair, service, or testing of weighing or measuring devices in Maryland. A registered service agency or registered service technician may not use, in servicing commercial weighing or measuring devices, any standards that have not been certified by a NIST-approved State metrology laboratory. A registered service agency or service technician immediately shall submit to a NIST-approved laboratory for recertification a damaged standard. A registered service agency or registered service technician that places into service a scale with a capacity in excess of 40,000 pounds shall have test weights that are: Certified by one of the three locations outlined in §A of this regulation; and Equal to a minimum of 12.5 percent of the scale's nominal capacity, or 10,000 pounds, whichever is greater. Report Forms. Each service technician or service agency seeking registration with the Department shall submit, with the application for certificate of registration, a report form for approval by the Department. There is no specific format for the requested information, which shall include: Name and address of service agency, service technician, or both; Name and address of device owner; Location of device; Date of service; Make, model, and serial number of device; NTEP certificate of conformance number for any device manufactured after October 1992; Adjustments made and results of testing; and Signature of service technician. A registered person shall make available for inspection, at the Department's request, the information required in §A of this regulation. A registered service technician or registered service agency shall keep report forms for at least 24 months. For good cause or for a violation of this chapter, the Secretary may deny an application for renewal of registration, or revoke or suspend the current registration, of any service technician or service agency: Upon reasonable notice to an applicant; and After an opportunity for a hearing. The Secretary upon request shall publish or provide lists of registered service technicians and registered service agencies. Agriculture Article, §11-203(a)(3), Annotated Code of Maryland Effective date: Regulations .01—.13 adopted as an emergency provision effective October 1, 2003 (30:21 Md. R. 1527); adopted permanently effective January 5, 2004 (30:26 Md. R. 1917) Regulation .04A amended effective February 17, 2025 (52:3 Md. R. 161) Regulation .05B amended effective February 17, 2025 (52:3 Md. R. 161) Regulation .06 amended effective February 17, 2025 (52:3 Md. R. 161) Regulation .07B amended effective February 17, 2025 (52:3 Md. R. 161)