An applicant shall submit an application provided by the Secretary of State Police, with the following signatures: If the applicant is an individual, the application form shall be signed, under oath, by the individual; If the applicant is a firm, the application form shall be signed, under oath, by the representative member, and by all the other firm members. An applicant for a license shall pay to the Secretary an application fee as follows: Individual—$200; Firm—$375; For a license for both an unincorporated security guard agency and private detective agency under the same licensee name submitted simultaneously—$375; or For a license for both an incorporated security guard agency and private detective agency under the same licensee name submitted simultaneously—$750. An applicant shall submit to the Secretary a complete set of the applicant's legible fingerprints taken on standard fingerprint cards, accompanied by payment for the costs of the fingerprint card record checks, which are $24 for the Federal Bureau of Investigation and $18 for the Criminal Justice Information System. If the applicant is a firm, the applicant shall pay the cost of the fingerprint card record checks for each firm member. Recommendations. An applicant shall submit to the Secretary three notarized recommendations for the individual, or, if a firm, three notarized recommendations for each firm member. Each recommendation shall be prepared by a reputable citizen who owns property in the county where the individual applicant or firm member resides or where the business of the security guard agency is to be conducted. An applicant for a license who intends to employ at least five individuals as security guards shall submit with the application proof of liability insurance in an amount not less than $1,000,000. Photograph. An applicant, and each firm member or corporate officer who will be engaging in security guard services, shall submit two photographs, 11/2 inches square, of the applicant's head and shoulders. Printed computer-generated photographs that are similar to the size indicated in §F(1) of this regulation and represent a clear display of only the applicant's head and shoulders are acceptable. A completed application form shall include the: Address of the applicant's proposed principal place of business and of each proposed branch office; Trade name, as approved by the Department of Assessments and Taxation, or fictitious name that the applicant intends to use while conducting the business of the security guard agency; Submission of a facsimile of any trademark that the applicant intends to use while conducting the business of the security guard agency; Verification that the applicant or firm has established a Maryland sales tax account for the agency; If the applicant is a firm, copies of the articles of incorporation and any resolutions passed by the board of directors showing that the representative member is a corporate office of the firm; A draft copy of the intended badge and patch that the agency intends to use for review and approval by the Secretary; and A signed copy of the Authorization for Release of Information. A nonresident applicant shall submit a consent and any related document, as required by Business Occupations and Professions Article, §19-505, Annotated Code of Maryland. An individual applicant or representative member of a firm shall report in person to the Licensing Division with all appropriate completed forms and fees. At that time each applicant shall: Have the right index finger printed to a prenumbered certification card; and Sign the certification card. An individual applying for employment at a security guard agency for a security guard position shall obtain a certification card issued by the State Police. An application for a security guard certification card consists of: Two photographs, 11/2 inch square, of the applicant's head and shoulders; A completed application form; Two cards with the applicant's fingerprints; and A check or money order for a nonrefundable application fee of $15 plus payment for the cost of the fingerprint card record checks. Checks or money orders shall be made payable to the Maryland State Police. The State Police will provide the application form and fingerprint cards. The hiring agency is responsible for preparing the completed application cards. The applicant may be denied a certification card if the applicant: Has been convicted of a crime of violence, which is defined here as: Abduction, Arson, Burglary, including common law and all statutory and storehouse forms of burglary offenses, Escape, Housebreaking, Kidnapping, Manslaughter, excepting involuntary manslaughter, Mayhem, Murder, Rape, Robbery, Sodomy, or An attempt to commit any of the above offenses, or assault with intent to commit any other offense for which the court sentences an individual to imprisonment for more than 1 year; Has been convicted of a felony; Is a habitual drunkard; Is a fugitive from justice, which is defined as any person who has fled from a sheriff or other peace officer within this State, or who has fled from any state, territory, or the District of Columbia, or possession of the United States, to avoid prosecution for a crime of violence or to avoid giving testimony in any criminal proceeding; Is addicted to or a habitual user of narcotics, barbiturates, or amphetamines; Has been confined to a mental institution for treatment of a mental disorder or disorders, unless there is attached to the application a physician's certificate, issued within 30 days before the application, certifying that the applicant is of no danger to himself or others; Has falsified any information on the applicant's application; or Has been convicted of any criminal act directly related to the applicant's employment with a detective agency licensed or required to be licensed by the State Police. Applicants meeting the criteria listed in §§A—E of this regulation shall be issued a certification card mailed to the employing agency as proof of clearance. The agency shall immediately release the card to the applicant. The certification card is issued to the applicant and is valid for employment with any licensed Maryland security guard agency. The card remains the property of the State and shall be returned to the State Police Licensing Division within 5 days when: Voluntarily surrendered; Revoked by the State Police for violation of these regulations; The holder is convicted of a crime listed above; or Death of the card holder occurs. It is the responsibility of the employing agency to notify the Licensing Division within 10 days whenever the holder of a certification card either begins or terminates employment with the agency. Lost or Stolen Certification Cards. Lost or stolen certification cards will be replaced only after an applicant submits under oath an application for a security guard certification card. The application shall be accompanied by a notarized letter describing the circumstances of the loss. Payment for the cost of the fingerprint card and record checks shall be charged for replacement of the card. The applicant shall provide the required fee in the form of a money order or certified check, along with two current fingerprint cards and one photograph. Renewed licenses are for a 3-year term, staggered by the Secretary. Expiration dates are either January 31 or July 31. As a condition for license renewal, a licensee shall submit to the Secretary: A properly completed renewal application; Statements required by Business Occupations and Professions Article, §19-309, Annotated Code of Maryland; A fee of $200 if the licensee is an individual or $400 if the licensee is a firm; Late fees which may be applicable under Business Occupations and Professions Article, §19-309, Annotated Code of Maryland; A copy of the Workers' Compensation Insurance policy if the agency employs more than one individual, unless the agency can provide documentation with the renewal application from the Workers' Compensation Commission that the agency is exempt; A list, in a format approved by the Secretary, of registered security guards who have been hired by the agency since the previous agency license renewal process, which shall include for each security guard: Name; Date of birth; Certification number; and Expiration date of certification card; Proof that the licensee has met the requirements of Regulation .01E of this chapter regarding liability insurance; and A list of all members of the firm. As a condition for a security guard certification renewal, it is the responsibility of the individual applicant to obtain and submit: A renewal application to the Secretary within 90 days before the certification expiration; A renewal fee of $10; Payment for the cost of the fingerprint card and record check by the Federal Bureau of Investigation; and Any applicable late fee. Disqualification. If an applicant for a security guard certification card does not meet the criteria listed in Regulation .02 of this chapter, the employing agency will receive written notification of disqualification. An appeal of the disqualification shall be made in writing to the Licensing Division, State Police, within 30 days of receiving written notice. It is the responsibility of the security guard agency to notify the applicant. Those applicants with circumstances requiring additional investigation shall: Receive written notice of disqualification pending the final decision; this notice will be mailed to the employing agency which shall be responsible for providing the applicant with a copy; and Be required to make an appointment to appear in person at the Department of State Police Licensing Division to discuss their applications. An application may not be submitted by an applicant, and a licensee may not submit an application on behalf of an employee for any person, who is not a born or naturalized citizen of the United States, unless there is attached to the application a valid work authorization from the Immigration and Naturalization Service. Informal Review. On initially determining that an applicant or firm does not meet the standards set forth in Business Occupations and Professions Article, Title 19, Annotated Code of Maryland, or this chapter, the Secretary may: Notify the applicant for a license or certification to appear for an informal review of the application; Ask the applicant to produce additional documentation for the Secretary to consider; and If the applicant fails to appear, make a final determination to approve or deny the application for a license or certification based on the information available. Letter of Denial. On denial of the license or certification, the Secretary shall send, by certified mail, a letter advising the applicant of the reason for denial. The notification letter shall include the applicable statement of law or regulation on which the decision to deny the application is based. The letter shall advise the applicant that the applicant has 30 days from the date of the letter to submit a written request for a hearing before the Office of Administrative Hearings. An applicant shall keep the applicant's current address on file with the Licensing Division. An applicant who has moved without notification to the Licensing Division or has refused delivery of the denial letter is deemed to be duly served the notice of denial. If the applicant fails to submit a written request for a hearing within 30 days of the date of the letter, the applicant is deemed to have waived the applicant's right to a hearing and the final decision will be issued. To provide consistency in certain actions taken against a licensee, firm, or person that holds a security guard certification, a penalty matrix is established under §D of this regulation. For the purpose of this chapter, a license term is defined as the period of time from the date of issuance of a license to the date of expiration or revocation, inclusive of all renewals. The penalty matrix is a general working guide. This regulation does not prevent the Secretary from administering any penalty deemed necessary in the best interest of the public or industry. The Secretary establishes the penalty matrix as follows: Category A—Offenses and Penalties: Category A offenses are as follows: Agency failing to submit notification of employment, or termination of employment within 5 days after employment or termination; Agency failing to notify the Licensing Division of a change of address or telephone number, or a change of licensee or corporate officer status; and Licensee failing to ensure that the certification card is given to the employee immediately on receipt from the Secretary; The penalties for Category A offenses are as follows: First offense: Warning to agency, licensee, or certified employee; Second and third offenses: Reprimand or fine of the agency, licensee, or certified employee; Fines for Category A offenses, when assessed, shall range from $50—$500 per violation; Category B—Offenses and Penalties: Category B offenses are as follows: Fourth and subsequent Category A offenses within the license term; Licensee failing to supervise its office and employees in the State; Agency operating with a license that has been expired for 1 to 30 calendar days; Agency employing an uncertified security guard for 10 to 30 days without submitting the required application to the Secretary as required under Business Occupations and Professions Article, §19-401(b), Annotated Code of Maryland, regardless of the number of hours the security guard worked during that period; Certified security guard misrepresenting himself or herself as being authorized to operate as a licensed agency while working for a licensed agency; Licensee or individual failing to surrender the wall license or certification card to the Secretary within 5 days after termination of employment or expiration, cancellation, suspension, or revocation of the agency license or certification; An individual failing to display the security guard certification on request from a law enforcement officer pursuant to Business Occupations and Professions Article, §19-406(b), Annotated Code of Maryland; A certified individual or licensee failing to return issued equipment to the security guard agency within 10 days after termination of employment pursuant to Business Occupations and Professions Article, §19-507(b), Annotated Code of Maryland; and A certified security guard loaning the certification card or badge to another individual in violation of Business Occupations and Professions Article, §19-603, Annotated Code of Maryland; The penalties for Category B offenses are as follows: First offense: Reprimand, fine, or suspension; Second offense: Reprimand, fine, or suspension of the agency, licensee, or certified employee; Fines for Category B offenses, when assessed, shall range from $100—$1,000 per violation; Category C—Offenses and Penalties: Category C offenses are as follows: Third and subsequent Category B offenses within the license term; Agency employing an uncertified security guard for more than 30 days, without submitting the required application to the Secretary, regardless of the number of hours the security guard worked during that period; Agency failing to maintain an office in this State that contains the business records made in this State pursuant to Business Occupations and Professions Article, §19-310, Annotated Code of Maryland; Agency operating while suspended; Agency operating with a license that has been expired for 31 to 60 calendar days; and Agency or individual operating in violation of any lawful order issued by the Secretary as it applies to Business Occupations and Professions Article, Title 19, Annotated Code of Maryland, or this chapter; The penalties for Category C offenses are as follows: First offense: Reprimand, fine, or suspension of agency, licensee, or certified employee; Second offense: Fine or suspension of agency, licensee, or certified employee; Fines for Category C offenses, when assessed, shall range from $250—$2,500 per violation; Category D—Offenses and Penalties: Category D offenses are as follows: Third and subsequent Category C offenses, fourth and subsequent Category B offenses, or a combination of Category A, Category B, and Category C offenses within a license term; Agency knowingly allowing any person that has been disapproved, suspended, or revoked to operate as a security guard; Agency providing armed employees, or allowing employees to be armed in the performance of their duties, without a valid handgun permit; Agency employing an uncertified security guard for more than 90 days without submitting the required application to the Secretary pursuant to Business Occupations and Professions Article, §19-410(b), Annotated Code of Maryland, regardless of the number of hours the security guard worked during that period; Agency misrepresenting status of agency or agency license to the public; Agency operating without a license or soliciting business without a license; Agency failing to allow immediate inspection of records during an audit or investigation pursuant to Business Occupations and Professions Article, §19-309, Annotated Code of Maryland; Agency, licensee, or certified individual knowingly providing false information, statements, or documentation to the Secretary during any investigation, application, or routine correspondence; Agency operating with a license that has been expired for more than 60 calendar days; and Agency failing to pay assessed fine by due date after final adjudication of appeal or after waiver of appeal rights and acceptance of penalty and fine: The penalties for Category D offenses are as follows: First offense: Fine or suspension of agency, licensee, or certified employee; Second offense: Fine or suspension of agency, licensee, or certified employee; Third offense: Suspension of agency, licensee, or certified employee or revocation of license; Fines for Category D offenses, when assessed, shall range from $500—$5,000 per violation. Use of badges by security guard agencies is subject to the following conditions: Authorization shall be requested in writing on the agency letterhead specifying the total number of badges required; Written approval shall be received from the State Police Licensing Division before issuing any badges; The badges used: Shall be numbered consecutively, within the agency, with no duplication, from number 1, May be gold finished for principals and corporate officers, Shall be silver for all other employees, and Shall contain the full agency name and the words “Investigator” or “Security Guard”; The badge will be issued only after the employee has received a State Police security guard certification card; The agency is responsible for the proper use of any badges issued; and The agency will report immediately to the Licensing Division loss or failure of a terminated employee to return a badge. A lost, stolen, or damaged certification card shall be reported to the Licensing Division immediately. An individual reporting a lost or stolen certification card shall: Provide a notarized letter, on company letterhead, verifying present employment and indicating the circumstances of the loss; Provide any police reports, if available; Make an appointment to come into the Licensing Division with proper photo identification; Submit two recent photos, 11/2 inches square, depicting the applicant's head and shoulders; and Pay a $10 processing fee by check or money order, payable to the Maryland State Police. An individual wishing replacement of a damaged certification card shall: Provide verification on company letterhead indicating present employment; Make an appointment to come into the Division with proper photo identification; Submit two recent photos, 11/2 inches square, depicting the applicant's head and shoulders; Pay a $10 processing fee by check or money order, payable to the Maryland State Police; and Return the damaged certification card to the Licensing Division. An individual not currently employed by a licensed agency shall follow original application procedures. If a principal or branch office certificate is lost or damaged, a $15 processing fee shall be charged for each certificate and shall be paid by check or money order to the Secretary before issuance of the duplicate certificate or certificates. If an agency, after submission of the original application, submits a request to add a branch office or relocate an existing branch or principal office, a $15 processing fee shall be charged for each certificate and shall be paid to the Secretary before the issuance of the duplicate certificate or certificates. An agency must submit a letter on agency letterhead requesting a duplicate certificate or an additional branch office certificate that includes the: Circumstances of the destruction or loss of a certificate; or Complete address of the branch office for which an additional certificate has been requested. Inspection of records means the inspection and review, during normal business hours, Monday through Friday, of any: Records that pertain to a certified security guard or agency, including work sites, payroll records, personnel files, and employee rosters; and Other records of a licensee or agency that relate to any matter subject to certification or documentation under Business Occupations and Professions Article, Title 19, Annotated Code of Maryland. If a security guard agency employs armed security guards, the agency shall maintain a list for each armed security guard of: The weapon type; The weapon's serial number; and Whether the weapon is agency owned or personally owned. The personnel file for each armed employee shall contain a photocopy of the handgun permit for each security guard who is armed. An armed security guard may only use a weapon for which the guard has been qualified to shoot and for which the guard has submitted documentation identifying the weapon and the qualifying score to the Licensing Division Handgun Permit Section before carrying that weapon, in accordance with Public Safety Article, Title 5, Annotated Code of Maryland. Security guards may not be armed unless they possess a valid handgun permit. Business Occupations and Professions Article, §19-202, Annotated Code of Maryland Effective date: July 21, 1972 Regulation .03 amended effective November 22, 1993 (20:23 Md. R. 1805) Regulation .19 amended effective October 10, 1983 (10:20 Md. R. 1788) Regulations .23—.30 repealed and new Regulations .23—.26 adopted effective October 10, 1983 (10:20 Md. R. 1788) Regulation .23 amended effective January 22, 1990 (17:1 Md. R. 71) Regulation .23A amended effective February 18, 1991 (18:3 Md. R. 307); November 22, 1993 (20:23 Md. R. 1805) Regulation .25 amended as an emergency provision effective October 24, 1983 (10:23 Md. R. 2061); amended permanently effective February 13, 1984 (11:3 Md. R. 204) Regulation .25 amended effective January 22, 1990 (17:1 Md. R. 71) Regulation .25B amended effective February 18, 1991 (18:3 Md. R. 307); November 22, 1993 (20:23 Md. R. 1805) Regulation .25I amended effective November 22, 1993 (20:23 Md. R. 1805) Regulation .26C amended effective November 22, 1993 (20:23 Md. R. 1805) Chapter recodified from COMAR 12.06.04 to 29.04.01, July 1994 Regulation .02 amended effective June 16, 1997 (24:12 Md. R. 866) Regulation .03 amended effective June 16, 1997 (24:12 Md. R. 866) Regulation .22 amended effective June 16, 1997 (24:12 Md. R. 866); February 9, 1998 (25:3 Md. R. 147) Regulation .22-1 adopted effective February 9, 1998 (25:3 Md. R. 147) Regulation .23 amended effective June 16, 1997 (24:12 Md. R. 866); February 9, 1998 (25:3 Md. R. 147) Regulation .24 amended and recodified to Regulation .27, and new Regulation .24 adopted effective June 16, 1997 (24:12 Md. R. 866) Regulation .24K repealed effective February 9, 1998 (25:3 Md. R. 147) Regulation .24-1 adopted effective February 9, 1998 (25:3 Md. R. 147) Regulation .25 amended effective June 16, 1997 (24:12 Md. R. 866) Regulation .26 amended effective June 16, 1997 (24:12 Md. R. 866) Regulation .28 adopted effective February 9, 1998 (25:3 Md. R. 147) Chapter revised effective July 30, 2007 (34:15 Md. R. 1350) In this chapter, the following terms have the meanings indicated. Terms Defined. “Entity” means a municipal corporation, county, or other governmental body of the State; another state, or subdivision or unit of another state; a college, university, or public school system in the State; and a person that exists and functions for a legal business purpose, as referenced in Public Safety Article, §3-303 Annotated Code of Maryland. “Industrial” means organized economic activity concerned with manufacturing, extracting, and processing of raw materials, or construction; a branch of commercial enterprise concerned with the output of a specified product or service, such as the steel industry. “Industrial police force” means a police force composed of special police officers hired by an industrial business that conducts business on contiguously zoned property, primarily engaged in manufacturing and production, collectively, such as a steel manufacturing plant. “Secretary” means the Secretary of the Department of State Police. “Security officer” means a security officer that has successfully completed the required MPCTC training, that is hired by an entity, that is a certified law enforcement agency, which is recognized by MPCTC and whose property includes roadways as defined by Transportation Article, §11-151, Annotated Code of Maryland, highways as defined by Transportation Article, §11-127, Annotated Code of Maryland, and traffic control devices and/or signals as defined by Transportation Article, §§11-167 and 11-168, Annotated Code of Maryland. “Special police officer” means an individual who holds a commission as a special police officer as defined in Public Safety Article, §3-301, Annotated Code of Maryland. “State of emergency” means a condition declared by the Governor for the entire State or for a county or municipal corporation if public safety is endangered or on reasonable apprehension of immediate danger to public safety caused by such things as weather, toxic hazard contamination, infrastructure collapse, or civil disturbance, as defined in Public Safety Article, §14-303, Annotated Code of Maryland The following entities may apply for the appointment of special police officers for the following purposes: A municipal corporation, county, or other governmental body of the State, in order to protect property owned, leased, or regularly used by the governmental body or any of its units; Another state, or subdivision or unit of another state, that has an interest in property located wholly or partly in this State, in order to protect the property, as defined in Public Safety Article, §3-303, Annotated Code of Maryland; A college, university, or public school system in the State, in order to protect its property or students; or A firm, corporation, partnership, sole proprietorship, or other entity existing and functioning for a legitimate and legal business purpose, in order to protect its business property. The applicant for a commission shall be at least 18 years of age. An application for an initial special police officer commission may be obtained from the Maryland State Police Licensing Division website. Applicants shall print their name and sign a completed application and mail it to the Maryland State Police Licensing Division, Special Police Section, at 1111 Reisterstown Road, Pikesville, MD 21208, with the following items: The application fee of $100, required by Public Safety Article, §3-304, Annotated Code of Maryland, payable to the Department of State Police in a method dictated by the Secretary, which is not refundable if the application is denied. A fee shall not be charged to any agency of the State; Two, 2-inch x 2-inch head and shoulder color photographs; The electronic fingerprint processing center receipt; and Certification of completion provided by the special police authorized trainer verifying the successful completion of the required 80 hours of training, unless exempt under Regulation .04B of this chapter. After an applicant’s fingerprints are submitted electronically, the applicant shall forward the fingerprint processing center receipt and completed application within 72 hours. If the applicant fails to submit the receipt and application within 72 hours, the application may be returned, as electronic fingerprint submission results are not maintained for extended periods. Fees paid to the Licensing Division are non-refundable. Fees paid to the approved electronic fingerprint processing center do not include those fees owed to the Licensing Division for the processing of the actual application. Investigation of Applicant. Upon receipt of a complete and accurate application packet, the Maryland State Police Licensing Division shall, within 90 days, investigate the applicant to determine the applicant’s character, reputation, and other qualifications deemed necessary for the issuance of a commission. The applicant shall supply additional information as required in connection with the investigation. The applicant shall be notified of the Secretary’s final decision on whether to recommend the denial or granting of the application to the Governor. Any person aggrieved by the final decision of the Secretary, may make an appeal as a contested case in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. Results of the investigation, together with the Secretary’s recommendation for approval or denial, shall be sent to the Governor via the Office of the Secretary of State. Recommendations for denial shall be supported by all available documentary evidence. Within 30 days after the applicant has been notified of the Governor’s approval, the applicant shall report to the appropriate clerk of the court for the circuit court, to take the constitutional oath of office and accept the commission. Once the oath of office has been accomplished, the applicant shall fax or electronically submit the certificate of oath to the Maryland State Police Licensing Division, Special Police Section. Upon receipt of the certificate of oath the Maryland State Police shall forward the officer’s Special Police Commission card to the entity. The entity shall be responsible for the delivery of the Special Police Commission card to the special police officer. The file shall be adjusted to indicate that the applicant is now a special police officer with a valid commission. Prior to submitting an initial application, an applicant shall successfully complete a minimum of 80 hours of training verified and approved by the Police Training and Standards Commission (PTSC), which is valid for a period of 5 years. Any applicant who has received entry-level academy police training required by PTSC or held police certification in a state other than Maryland may be considered by PTSC as having completed part, or all, of the 80-hour training required for an original application. In-Service Training. All special police officers shall successfully complete 12 hours of PTSC-approved in-service training, during the 3 years of a commission, which may be presented as in total or divided across the 3 years of a commission related to at least one of the 61 special police training objectives. A certification of completion shall be provided by the special police authorized trainer verifying the successful completion of the required 80 hours of training. Audit Authority. All certification and training documentation and procedures approved by PTSC are subject to compliance audits. Exemptions. An applicant who has, within the past 5 years of the date of application, been a police officer or successfully completed the PTSC Entry Level police officer training is exempt from completing the initial 80-hour MPCTC special police officers training. A person commissioned as a special police officer prior to October 1, 2020, shall be required to complete the in-service PTSC-approved training for the period their commission is effective, but shall not be required to complete the 80-hour PTSC-approved training. The minimum 80-hour training requirement for initial applicants shall not be required until October 1, 2020. Any other exemptions shall be considered, and approved by the Secretary when appropriate. Training Certification. An entity approved by PTSC that provides the initial 80-hour special police officer training and any portion(s) of in-service training will provide persons who successfully complete the training with written certification. The written certification shall be included in initial and renewal applications. Initial and renewed commissions shall expire 3 years after the date of issuance. The commission is renewable for a 3-year term if the employer of the special police officer submits a renewal application 90 days prior to a commission expiring. The entity is responsible for renewing the special police officers’ commissions pursuant to Regulation .07 of this chapter. Renewal applications shall be at the Maryland State Police Licensing Division 90-days before the expiration date of the commission. The requesting entity shall submit renewal applications for their special police employees to the Secretary in the format required, 90-days prior to a commission expiring. Renewal applications received by the Maryland State Police Licensing Division, Special Police Section, after the expiration date of a commission shall not be renewed. Renewal applications in such instances shall be returned to the entity with notification that an applicant is required to reapply as an initial or new applicant. Renewal applications may be obtained from the Maryland State Police Licensing Division website. Officers shall print their name and sign a completed application and ensure it is mailed to the Maryland State Police Licensing Division, Special Police Section, with the following items: The application fee of $60, payable to the Department of State Police, in a method dictated by the Secretary, which is not refundable if the application is denied. A fee shall not be charged to any agency of the State; Two, 2-inch x 2-inch head and shoulder color photographs; The electronic fingerprint processing center receipt; and Certification of completion provided by the special police authorized trainer verifying the successful completion of the required 12 hours of training. After a renewal applicant’s fingerprints are submitted electronically, the applicant shall forward the fingerprint processing center receipt and completed application within 72 hours. If the applicant fails to submit the receipt and application within 72 hours, the application may be returned, as electronic fingerprint submission results are not maintained for extended periods. Fees paid to the Licensing Division are non-refundable. Fees paid to the approved electronic fingerprint processing center do not include those fees owed to the Licensing Division for the processing of the actual renewal application. Investigation of Renewal Applicant. Upon receipt of a special police officer’s renewal packet by the Maryland State Police, the officer applying to renew the special police commission shall be investigated for the purpose of determining his character, reputation, and other qualifications deemed necessary for the renewal issuance of a commission. The renewal applicant shall supply additional information as required in connection with the investigation. The special police officer shall be notified of the Secretary’s recommendation for the approval or denial to renew the special police officer’s commission. Any person aggrieved by the final decision of the Secretary, may make an appeal as a contested case in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. Results of the investigation, together with the Secretary’s recommendation for approval or denial, shall be sent to the Governor via the Office of the Secretary of State. Recommendations for denial will shall be supported by all available documentary evidence. Within 30 days after the renewal applicant has been notified of the Governor’s approval, the renewal applicant shall report to the appropriate clerk of the court for the circuit court to take the constitutional oath of office and accept the commission. Once the oath of office has been accomplished, the special police officer shall fax or electronically submit the certificate of oath to the Maryland State Police Licensing Division, Special Police Section. Upon receipt of the certificate of oath, the Maryland State Police shall forward the officer’s Special Police Commission card to the employer. The employer shall be responsible for the delivery of the Special Police Commission card to the special police officer. The file shall be adjusted to indicate that the special police officer’s commission has been renewed. A special police officer shall surrender to the special police officer's employer any identification or badge that identifies the individual as a special police officer within 48 hours after the suspension or termination of the employment of the special police officer or termination of the commission. Within 10 days after receipt of an identification card of a special police officer whose employment was terminated, the employer shall return the Special Police Commission card, with written confirmation on the entity’s official stationery confirming the officer’s employment was terminated, to the Maryland State Police Licensing Division. Failure to comply may result in denial of future applications from that entity. The Department of State Police finds that an entity may have: A staff of all special police officers; or A staff consisting of both special police officers and special police officers who are also MPCTC-certified police officers and are required to renew their special police commission as specified in this chapter. If an entity employs both special police officers and MPCTC-certified police officers, the special police officers and MPCTC-certified police officers shall wear different uniforms. As police officers and special police officers have different limitations of police powers there shall be a means for a reasonable person under normal conditions to differentiate a special police officer from an MPCTC police officer. Entities shall take measures to prevent special police officers from being identified, by a reasonable person under normal conditions, as a police officer, sheriff, highway patrol, trooper, or law enforcement officer. Special police officers are prohibited from having a simulation or imitation of uniform apparel described in Public Safety Article, §3-502(d), Annotated Code of Maryland, that is worn by a police officer, sheriff, deputy sheriff, or constable. Special Police Option Designation. References to individuals holding a special police commission may be identified on their uniforms, vehicles, signage, or literature by the words “Special Police” or by an option designator such as “Campus Police”, “School Police”, “College Police”, “University Police”, “Hospital Police”, “Beach Police”, “Airport Police”, or a name related to the type of property or business for which protection is provided by special police officers. Name identifiers that shall not be used are those that imply an entity or entity employee is a member of a law enforcement agency as defined in Public Safety Article, §3-201, Annotated Code of Maryland. Uniforms and Related Items. Except as provided in Regulation .09B of this chapter, special police officers shall wear uniforms that are distinguishable from ordinary civilian clothing and shall give notice of their designation as special police officers. When on detective duty, special police officers shall carry identification properly identifying them as special police officers. All special police uniforms shall, on the outermost garment, clearly state the incorporated name of the entity and the words “Special Police” or an option designator name, and shall be of the same size, style, shape, design, and type which is clearly visible by a reasonable person under normal conditions. Uniforms shall not display a patch, emblem, sign marking, accessory, or insignia indicating the uniforms are the property of a federal, state, or local law enforcement agency. Badge and Patch Requirements. Badges and patches shall clearly state the incorporated name of the entity and the words “Special Police” or an option designator name and be visible by a reasonable person under normal conditions. Badges and patches shall not contain the words or seal of a federal, state, or local law enforcement agency. Badges and patches shall not lead a reasonable person to believe that the badge is that of a member of a law enforcement agency as defined in Public Safety Article, §3-201, Annotated Code of Maryland. Special Police Vehicle Requirements. Special police officers who may have cause to operate an emergency vehicle as defined in Transportation Article, §11-118, Annotated Code of Maryland, shall do so in compliance with the Transportation Article, Annotated Code of Maryland, including but not limited to §§21-106 and 22-218. Vehicles shall state the words “Special Police” or an option designator name and be visible by a reasonable person under normal conditions. Vehicles shall not contain the words or seal of a federal, state, or local law enforcement agency. Vehicles shall not be marked so as to lead a reasonable person to believe that the vehicle is that of a law enforcement agency as defined in Public Safety Article, §3-201, Annotated Code of Maryland. Special Police Facility Requirements. Special police facilities shall only display the name of the incorporated agency or option designation name. Special police facilities shall not display any logos or identification which contains “Law Enforcement Agency” or which may cause a reasonable person believe the company is in any way associated with a federal, state, or local government. To facilitate the orderly ingress and egress of traffic on public highways and roads, to and from the property of interest, the Secretary may approve traffic control details performed by special police officers. Requests for approval shall be submitted to the Maryland State Police Licensing Division, Special Police Section, on the entity’s letterhead stationery and signed by the entity’s chief of the special police officer, 30 days in advance of an entity planning to have special police officers perform traffic control functions. The exception to requesting approval 30 days in advance shall be when the Governor declares a state of emergency. A special police officer may: Arrest individuals who trespass or commit offenses on the property described in the application for the commission; Exercise the powers of a police officer on the property described in the application for the commission; Exercise the powers of a police officer in a county or municipal corporation of the State in connection with the care, custody, and protection of other property of the entity that requested the appointment of the special police officer, or other property, real or personal, for which the entity has assumed a legally enforceable obligation to maintain or protect; and Direct and control traffic on public highways and roads in the immediate vicinity of the property described in the application for the commission in order to facilitate the orderly movement of traffic to and from the property, if approved under Regulation .12 of this chapter. A special police officer may make an arrest or issue a traffic citation for a violation of the Maryland Vehicle Law or any other State or local traffic law or regulation only if the special police officer has: A probationary or permanent appointment as a security officer or is a member of an industrial police force; and Completed the basic training course for police officers as established by the Police Training and Standards Commission (PTSC), per Public Safety Article, §3-307, Annotated Code of Maryland. A special police officer may exercise police powers only on the property of the special police officer's employer as described in the application for the commission, unless the special police officer is in active pursuit for the purpose of immediate apprehension. The enforcement of motor vehicle laws by special police officers shall be limited to those special police officers who have successfully completed the basic training course for police officers established by PTSC. Persons holding a special police commission, and who fit the definition of a security officer or are members of an industrial police force, shall be considered eligible to take PTSC basic training course for police officers, upon meeting the Selection Standards of PTSC. The entity shall provide proof to the Maryland State Police Licensing Division, Special Police Section, of special police officers or special police officer initial applicants who successfully completed the PTSC basic training course for police officers. A commission is suspended or terminated when the employer of the special police officer files written notice with the Secretary that states that the special police officer is suspended from or terminated from the duties of a special police officer. The Governor may suspend or terminate a commission: On the recommendation of the Secretary; or On the Governor’s own motion if the Governor finds it in the best interest of the State. Suspension by the Secretary. The Governor may delegate the power to suspend a commission to the Secretary. The Secretary may suspend a commission if it appears that the action is in the best interest of the public. A suspension issued by the Secretary shall be reviewed by the Governor within 30 days to determine if the suspension should continue or if the commission should be terminated. The suspension or termination of a commission shall be noted in the official records of the Governor. The suspension or termination shall not take effect until 5 days after notice is sent to both the special police officer and the special police officer’s employer. A commission does not terminate if: An employer no longer needs the services of a special police officer because the employer has transferred the business property described in the commission to another person for legal business purposes; and The new employer executes a form prepared by the Office of the Secretary of State that affirms that the new employer shall employ the special police officer to protect that business property and will assume the responsibilities of the original employer as described in this chapter. The employer of a special police officer shall immediately inform the Maryland State Police Licensing Division, Special Police Section, upon learning of a special police officer’s arrest for a felony offense. Public Safety Article, §§3-304, 3-312, and 3-313, Annotated Code of Maryland Effective date: July 21, 1972 Regulations .01A and F, .02D and E, and .03B and C amended, and .04 repealed, effective October 24, 1983 (10:21 Md. R. 1903) Regulation .01A, B amended effective October 25, 1993 (20:21 Md. R. 1656) Regulation .02A, D amended effective February 18, 1991 (18:3 Md. R. 307) Regulation .02D amended effective October 25, 1993 (20:21 Md. R. 1656) Regulation .03 amended effective October 25, 1993 (20:21 Md. R. 1656) Regulation .03A amended effective February 18, 1991 (18:3 Md. R. 307) Chapter recodified from COMAR 12.06.05 to 29.04.02, July 1994 Regulation .02C, D, E amended effective September 30, 2002 (29:19 Md. R. 1527) Regulation .03C amended effective September 30, 2002 (29:19 Md. R. 1527) Regulations .01—.03 repealed and new Regulations .01—.13 adopted effective December 26, 2022 (49:26 Md. R. 1081) Applications and renewal forms for Maryland Railroad Police may be obtained from the Maryland State Police Licensing Division, 7751 Washington Boulevard, Jessup, Maryland 20794 or any Department of State Police barrack. All questions on the application shall be answered and the application signed under oath before a notary public. Two photographs, 1-1/2 inches x 1-1/2 inches, or a computer disk with one or two photographs, showing head and shoulders, no hat, and light background, taken within 30 days preceding the filing of application, shall be affixed to the application. The two applicant fingerprint cards supplied with the application forms shall accompany the application along with a certified check or money order payable to the Department of State Police for the amount of the application fee of $160 plus payment for the cost of the fingerprint card record checks. The fee is nonrefundable if the application is denied. Completed applications shall be forwarded to the Maryland State Police Licensing Division, 7751 Washington Boulevard, Jessup, Maryland 20794 or any Department of State Police barrack. The application shall be in the form prescribed by the Secretary and may be amended from time to time as the Secretary considers appropriate. Upon receipt of the completed application and supporting material, the Secretary shall cause an investigation of the applicant to be conducted, and an appropriate recommendation will be forwarded to the Governor. If investigation discloses that the applicant has provided false information on the application, or has omitted significant information on the application for Railroad Police, that falsification or omission is sufficient grounds for the Secretary to recommend the denial of the commission. The Governor's Office shall supply to the employer or the applicant or both, notification of approval or denial. Identification cards will be issued by the Licensing Division, Maryland State Police. Notification of the loss or theft of the Railroad Police identification cards shall be submitted in writing, within 10 days, to the Secretary, Maryland State Police Licensing Division, 7751 Washington Boulevard, Jessup, Maryland 20794. A fee of $10, payable to the Department of State Police, by certified check or money order, shall accompany the notification to cover the administrative cost of the duplicate identification cards. The notification of loss or theft shall be submitted under oath and a notary seal. Photographs as described in Regulation .01B of this chapter shall accompany the reported loss or theft notification. Any change of address regarding the Railroad Police Officer will be submitted in writing, within 10 days, to the Secretary of State Police. Railroad Police Officers are not required to have handgun permits while actually performing their duties on railroad property. They are also not required to have handgun permits when transporting a handgun from their residence to their place of employment, or when transporting a weapon from one railroad property to another railroad property, or when acting off railroad property pursuant to Public Safety Article, §3-406, Annotated Code of Maryland. However, Railroad Police Officers will be required to have handgun permits if they wish to carry handguns while off-duty and when not acting as described herein. Public Safety Article, Title 3, Subtitle 4, Annotated Code of Maryland Effective date: April 4, 1980 (7:7 Md. R. 708) Regulation .01 amended effective August 30, 1993 (20:17 Md. R. 1348) Regulation .01B amended effective February 18, 1991 (18:3 Md. R. 307) Regulation .05B amended effective August 30, 1993 (20:17 Md. R. 1348) Chapter recodified from COMAR 12.06.10 to 29.04.03, July 1994 Regulation .01 amended effective September 30, 2002 (29:19 Md. R. 1527) Regulation .05B amended effective September 30, 2002 (29:19 Md. R. 1527) Effective date: March 2, 1977 (4:5 Md. R. 383) Regulations .03A, D—F amended, and .04 repealed effective October 24, 1983 (10:21 Md. R. 1903) Regulation .03A amended effective August 30, 1993 (20:17 Md. R. 1347) Chapter recodified from COMAR 12.06.09 to 29.04.04, July 1994 Regulation .03A, G amended effective September 30, 2002 (29:19 Md. R. 1527) Regulations .01—.03 repealed effective December 12, 2013 (40:24 Md. R. 2017) This chapter does not apply to: An officer or employee of a unit of the United States, a state, or any county, municipal corporation, or other political subdivision of a state while performing a duty of the office or employment; A person who sells security systems at a retail establishment or by means of a catalog or brochure for future delivery, if the person does not: Enter the customer's premises or property, or Have access to circumventional information; A commercial property owner or the owner's authorized agent performing the routine operation, including the changing of the pass codes, of a security system that protects the premises of the owner's commercial property; or A builder of commercial or residential property while installing security systems in buildings under construction that have no current occupants. A subcontractor whose main business fits the definition of “providing security system services” shall be licensed. This chapter does not supersede any local law or ordinance in the State that establishes standards or qualifications for an electrician or for electrical work involved in the installation of a security system or a security alarm. This chapter supersedes any local law or ordinance in the State that requires registration, training, bonding, or insurance for security systems technicians or others who have access to circumventional information. However, it does not preempt local governments from licensing or regulating security system agencies or security system users. Currently Licensed Electricians. The licensing requirements of this chapter do not apply to a master electrician who: Currently is licensed in that occupation under State or local law; and Is acting only within the scope of that occupation. A master electrician may not: Personally provide security systems services unless the master electrician is registered as a security systems technician; or Obtain access to circumventional information unless the master electrician is registered as an individual with access to circumventional information. This chapter does not authorize an individual to perform electrical work that otherwise requires an electrician's license under any State or local ordinance. In this chapter, the following terms have the meanings indicated. Terms Defined. “Circumventional information” means information, including pass codes, that allows an individual to alter the operation of a security system, but does not include generic user or installation manuals. “Firm” means a partnership or corporation. “Firm member” means a partner of a partnership or an officer or director of a corporation. “License” means a license issued by the Secretary that authorizes the licensee to engage in the business of providing security systems services for compensation. “Providing security systems services” means providing, on the premises of a person's residential or commercial property, the following services: Surveying the property for the purpose of installing a security system; Physically installing, maintaining, or repairing a security system for the customer; or Responding to a distress call or an alarm sounding from a security system. “Representative member” means a firm member who is appointed under this chapter to act on behalf of the firm. “Secretary” means the Secretary of State Police or the Secretary's designee. “Security systems agency” means an individual or a firm that conducts a business that provides security systems services. “Security systems technician” means an individual who personally provides security systems services. An individual or person who is engaged in the business of providing security system services on or before October 1, 1996, is not subject to the provisions of this chapter or required to obtain a license under this chapter until October 1, 1997. This chapter shall remain in effect until July 1, 2016, when it shall terminate and be of no further force and effect. An application for a security systems agency license and a registration form for a security systems technician and an individual with access to circumventional information, shall be obtained from and returned with the fee and required documents to: Maryland State Police, Licensing Division, 7751 Washington Boulevard, Jessup, Maryland 20794. Except as provided in Regulation .11D(3) of this chapter, the fees set forth in Regulations .06—.12 of this chapter shall be paid by a check or money order made payable to the Maryland State Police. Except as otherwise provided in Regulation .07 of this chapter, a person shall be licensed by the Secretary before engaging in the business of providing security systems services in the State. 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. Each firm member, representative member, and individual license applicant shall: Be at least 18 years old; Be of good moral character; Complete the license application approved by the Secretary which contains a statement that willfully making a false statement on the application is a misdemeanor, subject to a fine or imprisonment, or both, as provided under Regulation .18 of this chapter; Submit with the application: At least two recommendations for the applicant, signed, under oath, by reputable citizens of the applicant's state of residence or the state where business is to be conducted, A complete set of the applicant's legible fingerprints taken on forms approved by the Criminal Justice Information System Central Repository and the Director of the Federal Bureau of Investigation, A copy of a bond or insurance in accordance with Regulation .14 of this chapter, and One of the following: Two clear and legible passport style color photographs 2 inches square, of the applicant's head and shoulders, on a light solid background, without sunglasses, hats, or other obstructions as determined by the Secretary; or A 3.5 inch computer disc containing the required photograph if the image is in a joint photographic experts groups (jpeg) format, only containing the image of the applicant's head and shoulders that can be edited to passport size, using not more than 50 kilobytes of disc space; and Maintain, in an office in the State, documents or other records that are made in the State or relate to a service performed in the State. Each firm shall pay an application fee of $150 which includes the cost of the Maryland and national criminal record check. If the applicant is a firm, each firm member shall pay the cost of the Maryland and national criminal records checks. The Secretary shall: Make inquiries and conduct an investigation regarding an applicant; and Conduct a State and national criminal record check for each applicant. A license shall be issued to each applicant who meets the requirements of this chapter. Each issued license shall include the: Full name of the licensee; Current address of the licensee; Date of issuance of the license; and Date on which the license expires. A photo identification card shall be issued to each individual licensee who meets the requirements of this chapter. Each identification card issued shall include: A photograph of the applicant; and The date on which the card expires. The Secretary may waive the requirements of Regulation .06 of this chapter 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 another state after meeting qualifications that are at least equivalent to those required in this State including a state and national criminal record check; Provides two photographs of the applicant, or a digital image approved by the Secretary, as prescribed in Regulation .06B(4)(d) of this chapter; and Pays a processing fee of $150. The Secretary shall stagger the terms of the license, which expire as follows: A license issued February 1 through July 31 expires on the July 31 after 3 full years; and A license issued August 1 through January 31 expires on the January 31 after 3 full years. At least 1 month before a license expiration, the Secretary shall mail to the licensee a: Renewal application form; and Notice that states the: Date the current license expires, Date by which the renewal application shall be received for the renewal to be issued and mailed to the licensee to avoid license expiration, and Amount of the renewal fee. Before receiving a license renewal notice from the Secretary, a licensee may renew a license for an additional 3-year term if the licensee: Is entitled to be licensed; Submits a renewal application to the Secretary; Submits a set of legible fingerprints of the licensee, and each firm member if applicable, on forms approved by the Criminal Justice Information System Central Repository and the Director of the Federal Bureau of Investigation; Submits two photographs of the licensee, and of each firm member, if applicable, or a digital image approved by the Secretary, as prescribed in Regulation .06B(4)(d) of this chapter; and Pays a renewal fee. To renew a license, the licensee shall pay: A renewal fee of $100 which includes the cost of the Maryland criminal records check, plus the fee authorized under Criminal Procedure Article, §10-221(b)(7), Annotated Code of Maryland, for a national criminal records check; and The cost of the fingerprint records checks for each firm member. Except as provided in §F of this regulation, before renewing a license, the Secretary shall conduct a State and national criminal record check for each licensee who applies for a license renewal. The Secretary may waive the State and national criminal record check required under §E of this regulation for a licensee who was issued a license under Regulation .07 of this chapter if the licensee: Submits two photographs of the licensee or a digital image approved by the Secretary, as prescribed in Regulation .06B(4)(d) of this chapter; Pays a $100 processing fee; and Shows that the license: Issued by another state was renewed by that other state within 1 year of the expiration date of the license issued under Regulation .07 of this chapter, and Renewal process in the other state included a state and national criminal record check. The license of each licensee who meets the requirements of this regulation shall be renewed. Temporary License. If the State or national criminal records check required for renewal is not completed before a license expires, a temporary license shall be issued if all other requirements are met. A temporary license expires at the earlier of the: Completion of the records check; or Renewal or denial of the license. The following individuals shall register with the Secretary once every 3 years: An individual employed by security systems agencies as security systems technicians; and An individual with access to circumventional information. Those required to register shall complete the registration form provided by the Secretary and submit the following to the Secretary: A registration form, which has been filled out completely and signed in front of a notary; One Criminal Justice Information System fingerprint card and one Federal Bureau of Investigation blue applicant card; Two photographs of the registrant or a digital image approved by the Secretary, as prescribed in Regulation .06B(4)(d) of this chapter; A registration fee of $15; and The cost of the FBI and CJIS fingerprint background checks. A registration shall be issued to each applicant who meets the requirements of this chapter. Each issued registration shall include the: Full name of the registrant; Current address of the registrant; Date of the issuance of the registration; and Date on which the registration expires. Except as provided in §G(4) of this regulation, a pocket identification card shall be issued to a registrant who meets the requirements of this chapter. An identification card shall include: A photograph of the registrant; and The date on which the registration expires. Temporary Registration. When required, the Secretary shall temporarily register an individual who: Meets the requirements for registration; and Does not have the State or national criminal records check required. If the Secretary determines after a preliminary background investigation that the issuance of a temporary registration to an individual would result in a potential threat to public safety, the Secretary may refuse to temporarily register that individual. A temporary registration expires upon the completion of the records check. An applicant obtaining temporary registration shall receive a form of identification as determined by the Secretary. The Secretary may waive the requirements of Regulation .09 of this chapter and register an applicant who: Provides adequate evidence that the applicant: Is licensed in another state to engage in the business of providing security systems services or registered in another state as a security systems technician or other individual who has access to circumventional information, and Became licensed or registered in another state after meeting qualifications that are at least equivalent to those required in this State including a state and national criminal record check; Provides two photographs of the applicant or a digital image approved by the Secretary, as prescribed in Regulation .06B(4)(d) of this chapter; and Pays a processing fee of $15. The Secretary shall stagger the terms of registrations. A renewal shall be for a term that expires on the last day of the applicant's birth month following the third full year after issuance. At least 1 month before a registration expiration, the Secretary shall mail to the licensee a: Renewal application form; and Notice that states the: Date the current registration expires, Date by which the renewal application shall be received for the renewal to be issued and mailed to the licensee to avoid registration expiration, and Amount of the renewal fee. Before receiving a registration renewal notice from the Secretary, a registrant may renew a registration for an additional 3-year term if the registrant: Is entitled to be registered; Submits a renewal application to the Secretary; Submits a set of legible fingerprints of the registrant, on forms approved by the Criminal Justice Information System Central Repository and the Director of the Federal Bureau of Investigation; Submits two photographs or a digital image approved by the Secretary, as prescribed in Regulation .06B(4)(d) of this chapter; and Pays a renewal fee. To renew a registration, the registrant shall pay: A renewal fee that is the higher of $15 or an amount the Secretary determines based on actual processing costs; The cost of the background checks; and To the Maryland State Police or to the licensed security systems agency which employs or intends to employ the registrant as a security systems technician, the mandatory processing fee required by the Federal Bureau of Investigation, for forwarding to the Maryland State Police. Except as provided in §F of this regulation, before renewing a registration, the Secretary shall conduct a national criminal record check for each registrant who applies for a registration renewal. The Secretary may waive the national criminal record check required under §E of this regulation for a registrant who was registered under Regulation .10 of this chapter if the registrant: Submits two photographs of the registrant or a digital image approved by the Secretary, as prescribed in Regulation .06B(4)(d) of this chapter; Pays a $15 processing fee; and Shows that the license or registration: Issued by another state was renewed by that other state within 1 year of the expiration date of the registration issued under Regulation .10 of this chapter, and Renewal process in the other state included a state and national criminal record check. The registration of each registrant who meets the requirements of this regulation shall be renewed. Temporary Registration. If the national criminal records check required for renewal is not completed before a registration expires, a temporary registration shall be issued if all other requirements are met. A temporary registration expires at the earlier of the: Completion of the records check; or Renewal or denial of the registration. A lost, stolen, or damaged license or identification card shall be reported to the Licensing Division immediately. An individual reporting a license or ID card lost or stolen shall: Provide a notarized letter, on company letterhead, verifying present employment and indicating the circumstances of the loss; Provide any police reports, if available; Make an appointment to come in to the Division with proper photo identification; If the loss is for an ID card, submit two photographs or a digital image approved by the Secretary, as prescribed in Regulation .06B(4)(d) of this chapter; and Pay a $10 processing fee by check or money order payable to the Maryland State Police. An individual wishing replacement of a damaged identification card shall follow the procedures listed in §B(1) and (3)—(5) of this regulation, and return the damaged card to the Licensing Division. Individuals or firms not currently licensed or employed by a licensed agency shall follow original application procedures. The licensee's requirements are those defined in Business Occupations and Professions Article, §13-308, Annotated Code of Maryland. In order to obtain a license, an applicant shall execute a fidelity bond as provided in §B of this regulation or maintain general liability insurance as provided §C of this regulation. Fidelity Bond. The amount of the fidelity bond shall be at least $50,000. The bond shall cover all individuals who are licensed to provide security system services, registered as security systems technicians, have access to circumventional information, or are applicants for a license or registration. If the fidelity bond is canceled, forfeited, or terminated by the surety, the: Surety shall immediately notify the Secretary; and Fidelity bond shall continue in effect until the Secretary is notified. General Liability Insurance. The amount of the general liability insurance shall be at least $50,000. If the insurance is canceled, the insured shall immediately notify the Secretary. In addition to the penalties set forth in Regulation .18 of this chapter, a court of competent jurisdiction may enjoin the operation of an employer who violates the requirements of this chapter. The Secretary may deny a license or registration, reprimand a licensee or registrant, or suspend or revoke a license or registration if the applicant, licensee, registrant, 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 someone else; 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; Assists a person in fraudulently or deceptively obtaining or attempting to obtain licensure as a security systems technician under this chapter; While not licensed, willfully engages in the business of providing security systems services or advertises as a security systems technician; Willfully makes a false statement or misrepresentation in a renewal application or in any other document that the Secretary requires to be submitted; or Violates any other provision of this chapter. Before any final action is taken under Regulation .15 of this chapter, the person against whom the action is contemplated shall have an opportunity for a hearing before: The Secretary; or An advisory panel consisting of the following members appointed by the Secretary; A member of the Department of State Police; A representative of the security systems industry; and Three members representing consumers. The Secretary or the advisory panel shall give notice and hold the hearing in accordance with the provisions of State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. The hearing notice to be given to the person shall be sent by certified mail to the person's last known address at least 10 business days before the hearing. The Secretary or the advisory panel may administer oaths in connection with any proceeding relating to the hearing. The person may be represented at the hearing by counsel. After due notice, if the person against whom the action is contemplated fails or refuses to appear, the Secretary or the advisory panel may hear and determine the matter. A person aggrieved by a final decision of the Secretary or the advisory panel in a contested case, as defined in State Government Article, §10-202, Annotated Code of Maryland, may appeal as allowed in State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. The Secretary shall keep a roster of individuals registered as security systems technicians or as individuals with access to circumventional information. Information obtained through an investigation of an applicant for a license or for registration under this chapter shall be confidential and, unless required by a court order, may not be divulged to a person who is not a law enforcement officer. A person may not engage, attempt to engage, or offer to engage in a business of providing security systems services in the State unless licensed by the Secretary. Unless authorized under this chapter to engage in the business of providing security systems services, a person may not represent to the public, by use of the title “security systems agency” or “security systems technician”, by description of services, methods, or procedures, or otherwise, that the person is authorized to engage in the business of providing security systems services in the State. A person may not willfully make a false statement on an application form or other document submitted to the Secretary under this chapter. A person who violates any provision of this chapter is guilty of a misdemeanor and on conviction is subject to a fine up to $1,000 or imprisonment for not more than 1 year, or both. Criminal Procedure Article, §10-221; Business Occupations and Professions Article, §18-202; Annotated Code of Maryland Effective date: Regulations .01—.15 adopted as an emergency provision effective November 18, 1994 (21:25 Md. R. 2101); Emergency status expired May 1, 1995 (Emergency provisions are temporary and not printed in COMAR) Regulations .01—.15 adopted effective February 24, 1997 (24:4 Md. R. 295) Regulations .01—.15, Licensing Security Systems Technicians and Registering Sellers of Security Systems, repealed effective April 20, 1998 (25:8 Md. R. 600) Regulations .01—.18, Security Systems Agencies and Technicians—Licensing and Registration, adopted effective April 20, 1998 (25:8 Md. R. 600) Regulation .02B amended effective March 1, 2004 (31:4 Md. R. 318) Regulation .04 amended effective March 1, 2004 (31:4 Md. R. 318) Regulation .05B amended effective February 7, 2000 (27:2 Md. R. 148) Regulation .06B amended effective March 1, 2004 (31:4 Md. R. 318) Regulation .07B amended effective March 1, 2004 (31:4 Md. R. 318) Regulation .08A, C, D, F amended effective March 1, 2004 (31:4 Md. R. 318) Regulation .09 amended effective February 7, 2000 (27:2 Md. R. 148) Regulation .09A, B amended effective March 1, 2004 (31:4 Md. R. 318) Regulation .10B amended effective March 1, 2004 (31:4 Md. R. 318) Regulation .11 amended effective February 7, 2000 (27:2 Md. R. 148); March 1, 2004 (31:4 Md. R. 318) Regulation .12B, C amended effective March 1, 2004 (31:4 Md. R. 318) Regulation .16 amended effective February 7, 2000 (27:2 Md. R. 148) In this chapter, the following terms have the meanings indicated. Terms Defined. “Approved armored car company” is an armored car company that has applied for and been approved to complete supplemental background investigations “Armored car company”, as defined in 15 U.S.C. §5904(2) (Title 15. Commerce and Trade; Chapter 85. Armored Car Industry Reciprocity), means a company subject to regulation under subchapter I of chapter 135 of title 49, United States Code (49 U.S.C. §§13501 et seq.) and that is registered under chapter 139 of such title (49 U.S.C. §§13901 et seq.), in order to engage in the business of transporting and protecting currency, bullion, securities, precious metals, supplemental nutrition assistance program benefits, and other articles of unusual value in interstate commerce. “Armored car guard” means an individual employed by an armored car company to provide armored car services and who carries a firearm or is authorized by the employer to access a firearm when providing armored car services. “Armored car services” means services provided by an armored car company on a contractual basis for another person, firm, association, or corporation for a fee or other valuable consideration and performs the following primary function of providing secured transportation and protection from one place or point to another place or point of money, currency, coins, bullion, securities, checks, documents, stocks, bonds, jewelry, paintings, and other valuables for a fee or other valuable consideration “Investigation supervisor” refers to the individual or individuals, assigned by the Secretary, to review and approve background investigations for wear and carry handgun permits issued by the Maryland State Police. “Secretary” means the Secretary of the Maryland State Police. “Supplemental background investigation”, as defined pursuant to Public Safety Article, §5-305, Annotated Code of Maryland, refers to a background investigation submitted to the Maryland State Police that is completed by a representative of an approved armored car company, to be considered with the additional required background investigation conducted by the Maryland Department of State Police, as described in Public Safety Article, §5-306, Annotated Code of Maryland. An armored car company shall complete an application, in a format determined by the Secretary, to be considered to conduct supplemental background investigations to be considered in the issuance of wear and carry handgun permits to armored car guards for their company. Once approved by the Secretary to conduct and submit supplemental background investigations, an armored car company shall submit supplemental background investigations in a format determined by the Secretary. A valid supplemental background investigation shall meet the same requirements as those required for all wear and carry handgun permit applicants, including any limitations or restrictions imposed by the Secretary. Only armored car companies, as defined in Regulation .01 of this chapter, shall be eligible to apply to conduct supplemental background investigations to be considered in the issuance of a wear and carry handgun permit by the Secretary. A separate application and approval is required for each individual armored car company seeking to conduct wear and carry handgun permit supplemental background investigations, regardless of the ownership or relationship to any other approved armored car company. An armored car company approved by the Secretary under this chapter may conduct and submit supplemental background investigations only for active employees of their company. Armored car companies are not required to conduct their own background investigations and may, at any time, submit applications for wear and carry handgun permits for investigation by the Maryland State Police. Any application submitted by a company that does not meet the definition of an armored car company, as defined in Regulation .01 of this chapter will not be considered for approval. Any armored car company seeking to be approved to conduct supplemental background investigations shall be provided with an application packet in a format determined by the Secretary. This packet will include: A listing of guidelines for submission of supplemental investigations for wear and carry handgun permit applicants; A detailed listing of mandatory requirements to be included in the wear and carry handgun permit supplemental background investigation; and A copy of the relevant provisions listed in COMAR 29.03.01.03, Public Safety Article, Title 5, Subtitle 3, Annotated Code of Maryland, and any other relevant sections of law which directly relate to the issuance of wear and carry handgun permits as prescribed by the Secretary. An armored car company shall submit the completed application, in the format determined by the Secretary, to be considered for approval to conduct wear and carry handgun permit supplemental background investigations. All completed applications submitted to the Secretary shall include the following: Proof that the company meets the definition of an armored car company, as defined in Regulation .01B of this chapter; and A sample supplemental background investigation which has been completed utilizing the format and requirements provided for and outlined in §B(1)—(3) of this regulation. An armored car company seeking approval to complete supplemental background investigations shall submit an application in compliance with Regulation .04 of this chapter. All applications shall be reviewed for completeness and accuracy. Only completed applications shall be considered for approval. Completed applications shall be reviewed by the investigation supervisor. The armored car company’s application shall be approved or disapproved by the reviewing member of the Maryland State Police following the informal hearing. The applying company shall be notified of their approval or disapproval in writing. Any company that is disapproved will receive an explanation from the investigation supervisor for their disapproval. After approval of the application, a meeting will occur between the investigation supervisor and representatives of the armored car company that filed the application and will be completing the supplemental investigation to complete orientation and training. The armored car company may be questioned further regarding its policy and procedures used to complete the sample background investigation submitted with the application. An approved armored car company shall receive an orientation packet from the investigation supervisor, with detailed instructions regarding the submission, correction, and approval of supplemental background investigations. These procedures will apply to all submitted wear and carry handgun permit applications for armored car guards, with the exception of those submitted under Regulation .03C of this chapter to be investigated solely by the Maryland State Police. Armored car companies shall submit completed supplemental background investigations together with the appropriately completed wear and carry handgun permit application. These will be submitted in the format established by the Secretary and in compliance with the procedures as outlined in COMAR 29.03.02.04 for the submission of wear and carry handgun permit applications. Applications received without the supplemental background investigation shall be assigned to a member of Maryland State Police for investigation. Any supplemental background investigation completed by an approved armored car company submitted separately from the wear and carry handgun permit application will not be accepted. Supplemental background investigations completed by armored car companies shall be used in determining the qualification of the applying armored car guard for a wear and carry handgun permit. The supplemental background investigation shall be used in conjunction with, not in lieu of, the required additional investigation by the Maryland State Police. All supplemental background investigations completed by an approved armored car company shall be subject to review and audit by the Secretary or designee. An approved armored car company that submits supplemental background investigations for wear and carry handgun permits which do not meet the requirements as determined by the Secretary may have their approval to complete supplemental background investigations revoked. An armored car company shall receive written notification of the revocation of their approval to complete supplemental background investigations. An armored car company that has its privilege revoked may be allowed to reapply for consideration to conduct supplemental background investigations for wear and carry handgun permits. Public Safety Article, §5-305, Annotated Code of Maryland Effective date: February 29, 2016 (43:4 Md. R. 333) In this chapter, the following terms have the meanings indicated. Terms Defined. “Ammunition” means any cartridge, shell, or other device containing explosive or incendiary material designed and intended for use in a firearm. “Bulletproof body armor” means any material or object that is designed to cover or be worn on any part of the body to prevent, deflect, or slow down the penetration of ammunition. “Crime of violence” has the meaning stated in Criminal Law Article, §14-101, Annotated Code of Maryland. “Drug trafficking crime” has the meaning stated in Criminal Law Article, §5-621, Annotated Code of Maryland. “Firearm” includes: A handgun, antique firearm, rifle, shotgun, short-barreled shotgun, or short-barreled rifle, as defined in Criminal Law Article, §4-201, Annotated Code of Maryland; A machine gun, as defined in Criminal Law Article, §4-401, Annotated Code of Maryland; A regulated firearm, as defined in Public Safety Article, §5-101, Annotated Code of Maryland; and An assault pistol, as defined in Criminal Law Article, §4-301, Annotated Code of Maryland. “Secretary” means the Secretary of the State Police or the Secretary's designee. A person with a prior conviction for a crime of violence or a drug trafficking crime may file, for good cause shown, a petition with the Secretary for a permit to use, possess, and purchase bulletproof body armor. Applications may be obtained from the Maryland State Police Licensing Division or any Department of State Police barrack. Completed applications shall be filed with the Maryland State Police Licensing Division, 7751 Washington Boulevard, Jessup, Maryland 20794. Application Requirements. All questions on the application shall be answered, typed or printed. The application shall be signed under oath before a notary public. Photographs or computer images must have been taken within 30 days preceding the filing of the application, and shall be affixed to the application. The format shall be as follows: Two photographs, 11/2 inches by 11/2 inches, with no hat, showing head and shoulders, and on a light background; or In place of the photographs under §C(2)(a) of this regulation, a 31/2 inch computer disc containing a digital photographic image of the applicant in a JPEG format with no hat, showing head and shoulders, and on a light background. Upon receipt of the application and the supporting material described, the Secretary shall conduct an investigation of the applicant to determine whether the applicant possesses the qualifications for a permit as required by Criminal Law Article, §4-107, Annotated Code of Maryland. To determine whether a permit may be issued to an applicant, the following areas shall be investigated and considered: Verification of the information supplied by an applicant in the application; Occupation or profession of the applicant; Criminal record of the applicant; The interests of justice; Medical history of the applicant as it may pertain to the applicant's fitness to use, purchase, or possess protective body armor; Psychiatric or psychological background of the applicant as it may pertain to the applicant's fitness to use, purchase, or possess protective body armor; Validity of reasons given by the applicant; The totality of the circumstances; Applicant's excessive or habitual use of intoxicating beverages and drugs; Information received from personal references and other people interviewed; Information received from business or employment references as may be necessary in the discretion of the investigator; Whether the applicant has any alternative available to him for protection other than wearing protective body armor; and The applicant's propensity for violence or instability which could reasonably render his owning, purchasing, or possessing protective body armor a danger to himself or to others. If the investigation discloses that the applicant has furnished false information on the application for the permit, or has omitted significant information on the application for the permit, or has caused false information to be given in connection with the investigation, the Secretary may consider that activity to be a basis for denial of the permit. Upon the completion of the investigation, the Secretary shall notify the applicant by letter either that the permit has been issued or that it has been denied. An application for renewal of a permit to use, possess, or purchase protective body armor shall contain the same information and type of photographs, or digital disc, as for an original application. A permit issued under this chapter expires in the 5th year after the date of its issuance, on the last day of the applicant's month of birth. A permit shall be renewed for successive periods of 5 years if the applicant: Files an application for renewal at any time during the 3 months prior to the expiration of the permit; and At the time of application, possesses the qualifications set forth in this chapter for the issuance of a permit. If a permit to use, possess, or purchase protective body armor is lost or stolen, notification of the loss or theft shall be made in writing to the Secretary at the Maryland State Police Licensing Division, 7751 Washington Boulevard, Jessup, Maryland 20794, within 10 days upon discovery of the loss or theft. An affidavit, under oath before a notary public, stating that the permit has been lost or stolen, shall accompany the notification. An applicant may file a request to modify a permit to use, possess, or purchase protective body armor. The request shall be made in writing to the Secretary and shall be accompanied by a photograph or digital photographic image meeting the requirements of Regulation .03C(2) of this chapter. If there is a change of address of an individual to whom a permit to use, purchase, or possess protective body armor has been issued, the individual shall notify the Secretary in writing, within 10 days of the change. If an individual to whom a permit to use, purchase, or possess protective body armor has been issued changes employment, and the permit has been issued in conjunction with the individual's employment, the Secretary shall be notified by the individual in writing within 10 days of any changes in employment status. The Secretary may revoke a permit issued or renewed at any time on a finding that a permit holder: No longer satisfies the qualifications set forth in Regulation .05 of this chapter; Made false statements or false representation in a renewal application; Altered or forged a permit to use, purchase, or possess protective body armor; Sold, rented, or otherwise transferred a protective body armor permit to another person; Violated any of the permit restrictions imposed by the Secretary as provided by Criminal Law Article, §4-107, Annotated Code of Maryland; or Failed to notify the Secretary, within 10 days, of any change in address, or if the applicant's permit was issued in conjunction with employment purposes, a change in employment status. Any person whose application for a permit or renewal of a permit has been rejected or whose permit has been revoked or limited may request the Secretary to conduct an informal review by filing a written request within 10 days after receipt of written notice of the Secretary's initial action. The informal review may include a personal interview with the applicant. Pursuant to the informal review, the Secretary shall sustain, reverse, or modify the initial action taken and notify the applicant of the decision in writing within 30 days after receipt of the request for an informal review. Any person aggrieved by a decision of the Secretary may seek review under State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. Criminal Law Article, §§4-106—4-107, Annotated Code of Maryland Effective date: April 28, 2003 (30:8 Md. R. 543) In this chapter, “licensee” includes an applicant for a private detective agency license, except that written charges may not be filed against an applicant. An applicant shall submit an application provided by the Secretary of State Police with the following signatures: If the applicant is an individual, the application form shall be signed under oath by the individual; and If the applicant is a firm, the application form shall be signed under oath by the representative member and all other members of the firm. An applicant for a license shall pay to the Secretary an application fee as follows: Individual—$200; Firm—$375; For a license for both an unincorporated private detective agency and security guard agency under the same licensee name submitted simultaneously—$375; For a license for both an incorporated private detective agency and security guard agency under the same licensee name submitted simultaneously—$750; For a license as a firm member—$42; or For a license as a representative member—$42. An applicant shall submit to the Secretary a complete set of the applicant's legible fingerprints taken on standard fingerprint cards, accompanied by payment for the costs of the fingerprint card record checks, which are $24 for the Federal Bureau of Investigation and $18 for the Criminal Justice Information System. If the applicant is a firm, the applicant shall pay the cost of the fingerprint card record checks for each firm member. Recommendations. An applicant shall submit three notarized recommendations for the individual, or, if a firm, three notarized recommendations for each member of the firm. Each recommendation shall be prepared by a reputable citizen who owns property in the county where the individual applicant or firm member resides or where the business of the private detective agency is to be conducted. An applicant for a license who intends to employ at least five individuals as private detectives shall submit with the application proof of liability insurance in an amount not less than $1,000,000, as required under Business Occupations and Professions Article, §13-604, Annotated Code of Maryland. Photograph. An applicant, and each member of a firm, or representative member wishing to be a certified private detective, who will be engaging in private detective services, shall submit two photographs, 11/2 inches square, of the applicant's head and shoulders. Printed computer-generated photographs that are similar to the size indicated in §G(1) of this regulation and represent a clear display of the applicant's head and shoulders are acceptable. A completed application form shall include the: Address of the applicant's proposed principal place of business and of each proposed branch office; Trade name, as approved by the Department of Assessments and Taxation, or fictitious name that the applicant intends to use while conducting the business of the private detective agency; Submission of a facsimile of any trademark that the applicant intends to use while conducting the business of the private detective agency; Verification that the applicant or firm has established a Maryland Sales Tax Account for the agency; If the applicant is a firm, copies of the articles of incorporation and any resolutions passed by the board of directors showing that the representative member is a corporate office of the firm; and A signed copy of the Authorization for Release of Information. A nonresident applicant shall submit a consent and any related document, as required by Business Occupations and Professions Article, §13-605, Annotated Code of Maryland. Renewed private detective agency licenses are for a 2-year term, staggered by the Secretary. Expiration dates are either January 31 or July 31. As a condition for license renewal, a licensee shall submit to the Secretary: A properly completed renewal application; Statements required by Business Occupations and Professions Article, §13-309, Annotated Code of Maryland; A fee of $200 if the licensee is an individual or $400 if the licensee is a firm; Late fees that may be applicable under Business Occupations and Professions Article, §13-309, Annotated Code of Maryland; Proof that the licensee has met the requirements of Regulation .01F of this chapter regarding liability insurance; and A list of all members of the firm. Application. Each individual employee of a private detective agency acting as a private detective is required to submit an application on forms prescribed by the Secretary. The licensed agency will be provided with applications that shall be completed by the agency and the applicant. The fee for a private detective certification is $15 plus payment for the cost of both the State and national fingerprint card record checks. The check or money order shall be made payable to the Maryland State Police. An applicant shall mail or deliver the application to the Licensing Division with the appropriate completed forms, fees, fingerprint cards, and two photographs as provided for in §A(5) of this regulation. Photographs. The photographs required under §A(4) of this regulation shall be of the applicant's head and shoulders, 11/2 inches square, no hat and light background, taken within 30 days before the filing of the application. Printed computer-generated photographs that are similar to the size indicated in §A(5)(a) of this regulation and represent a clear display of the applicant's head and shoulders are acceptable. If the applicant is approved as a private detective, an identification card shall be issued on a form prescribed by the Secretary. The applicant may be denied a private detective identification card if the applicant: Has been convicted of a crime of violence, which is defined here as: Abduction; Arson; Burglary, including common law and all statutory and storehouse forms of burglary offenses; Escape; Housebreaking; Kidnapping; Manslaughter, excepting involuntary manslaughter; Mayhem; Murder; Rape; Robbery; Sodomy; or An attempt to commit any of the above offenses, or assault with intent to commit any other offense for which the court sentences an individual to imprisonment for more than 1 year; Has been convicted of a felony; Is a habitual drunkard; Is a fugitive from justice, which is defined as a person who has fled from a sheriff or other peace officer within this State, or who has fled from any state, territory, or the District of Columbia, or possession of the United States, to avoid prosecution for a crime of violence or to avoid giving testimony in any criminal proceeding; Is addicted to or a habitual user of narcotics, barbiturates, or amphetamines; Has been confined to a mental institution for treatment of a mental disorder or disorders, unless there is attached to the application a physician's certificate, issued within 30 days before the application, certifying that the applicant is of no danger to the applicant or others; Has falsified any information on the applicant's application; or Has been convicted of any criminal act directly related to the applicant's employment with a detective agency licensed or required to be licensed by the State Police. The private detective identification card is issued to the applicant and is valid for employment only with the private detective agency through which the applicant obtained private detective certification. The card remains the property of the State and shall be returned to the State Police Licensing Division within 5 days after: It is voluntarily surrendered; It is revoked by the State Police for violation of this chapter; The holder is convicted of a crime listed in §C of this regulation; Death of the card holder occurs; or The holder terminates employment with the private detective agency through which the applicant obtained private detective certification. It is the responsibility of the employing agency to notify the State Police Licensing Division when the holder of a private detective identification card is terminated from employment with the agency. Renewed private detective certifications are for a 3-year term. As a condition for certification renewal, an applicant shall submit to the Licensing Division: A properly completed renewal application; and A fee of $15 plus payment for the cost of both the State and national fingerprint card record checks. The check or money order shall be made payable to the Maryland State Police. The applicant shall mail or deliver the application to the Licensing Division with the appropriate completed forms, fees, fingerprint cards, and two photographs. Photographs. The photographs required under §D of this regulation shall be of the applicant's head and shoulders, 11/2 inches square, no hat and light background, taken within 30 days before the filing of the application. Printed computer-generated photographs that are similar to the size indicated in §E(1) of this regulation and represent a clear display of the applicant's head and shoulders are acceptable. An application may not be submitted by an applicant, and a licensee may not submit an application on behalf of an employee for any person who is not a born or naturalized citizen of the United States, unless there is attached to the application a valid work authorization from the Immigration and Naturalization Service. An individual applying for employment as a private detective, on certification, shall be issued a certification card by the State Police. The issuance and form of the certification shall be in conformance with Business Occupations and Professions Article, §13-406, Annotated Code of Maryland. A lost, stolen, or damaged certification card shall be reported to the Licensing Division immediately. An individual reporting a lost or stolen certification card shall: Provide a notarized letter, on company letterhead, verifying present employment and indicating the circumstances of the loss; Provide any police reports, if available; Make an appointment to come into the Licensing Division with proper photo identification; Submit two recent photos, 1-1/2 inches square, depicting the applicant's head and shoulders; and Pay a $10 processing fee by check or money order, payable to the Maryland State Police. An individual wishing replacement of a damaged certification card shall: Provide verification on company letterhead indicating present employment; Make an appointment to come into the Licensing Division with proper photo identification; Submit two recent photos, 1-1/2 inches square, depicting the applicant's head and shoulders; Pay a $10 processing fee by check or money order, payable to the Maryland State Police; and Return the damaged certification card to the Licensing Division. An individual not currently employed by a licensed agency shall follow original application procedures. Use of badges by private detective agencies is subject to the following conditions: Authorization shall be requested in writing on agency letterhead specifying the total number of badges required; Written approval shall be received from the Maryland State Police Licensing Division before issuing any badges; The badges used: Shall be numbered consecutively within the agency, with no duplication, from number 1; May be gold finished for principals and corporate officers; Shall be silver for all other employees; and Shall contain the full agency name and the word “Investigator”; The badge shall be issued only after the employee has received a State Police private detective certification card (Investigator); The agency is responsible for the proper use of any badges issued; and The agency shall report immediately to the Licensing Division loss of a badge or failure of a terminated employee to return a badge. Disqualification. If an applicant for a private detective certification card does not meet the standards set forth in Business Occupations and Professions Article, Title 13, Annotated Code of Maryland, or this chapter, the employing agency shall receive written notification of disqualification. An appeal of the disqualification shall be made in writing to the Licensing Division, State Police, within 30 days of receiving written notice. It is the responsibility of the private detective agency to notify the applicant. Those applicants with circumstances requiring additional investigation will: Receive written notice of disqualification pending the final decision, mailed to the employing agency, which is responsible for providing the applicant with a copy; and Be required to make an appointment to appear in person at the Maryland State Police Licensing Division to discuss their applications. Informal Review. On initially determining that an applicant or firm does not meet the standards set forth in Business Occupations and Professions Article, Title 13, Annotated Code of Maryland, or this chapter, the Secretary may: Notify the applicant to appear for an informal review of the application; Ask the applicant to produce additional documentation for the Secretary to consider; and If the applicant fails to appear, make a final determination to approve or deny the application for a license or certification based on the information available. Letter of Denial. On denial of the license or certification, the Secretary shall send, by certified mail, a letter advising the applicant of the reason for denial. The notification letter shall include the applicable statement of law or regulation on which the decision to deny the application is based. The letter shall advise the applicant that the applicant has 30 days from the date of the letter to send in a written appeal to the Licensing Division. An applicant shall keep the applicant's current address on file with the Licensing Division. An applicant who has moved without notification to the Licensing Division or has refused delivery of the denial letter is deemed to be duly served the notice of denial. If the applicant fails to submit a written appeal within 30 days, the applicant is deemed to have waived the applicant's rights to appeal and the proposed action becomes final. Upon the vacancy of a representative member, an agency shall comply with the time requirements for appointment of a new licensee pursuant to Business Occupations and Professions Article, §13-311, Annotated Code of Maryland. An agency may sponsor a new applicant for consideration by the Secretary; however, an appointment may not be made until the Secretary determines that the new applicant qualifies for an agency license. In order for the Secretary to have sufficient time to process the new application and determine the background and qualifications of the new licensee applicant upon a vacancy, an agency shall submit the application to the Secretary within 30 days after the date of the vacancy. If, for any reason, an agency does not submit an application for a new licensee within 30 days after a vacancy, the agency shall be automatically suspended pursuant to Business Occupations and Professions Article, §13-701, Annotated Code of Maryland. An agency shall remain suspended until such time as the Secretary completes the background investigation and issues a license. If an individual holding an agency license vacates the position or the position is vacated by a death, an agency license shall be voided and a new license issued on application, completed investigation, and approval by the Secretary. If the agency continues to use the same trade name, additional fees are not assessed. If the applicant has submitted the application within 30 days of the vacancy, and the Secretary has not received the fingerprint background results within 90 days from the date of the application: A computer background check shall be conducted of the applicant based on identifying characteristics and information provided on the application form; If the applicant otherwise qualifies, a license may be approved and issued to the applicant based on the investigation and computer background checks results; and Unless the fingerprint results or any other investigation reveals a disqualifying offense or questionable character, further action will not be taken by the Secretary. A private detective agency license or certification card issued to the applicant is valid only for the agency identified on the license or certification card. The card remains the property of the State and shall be returned to the Secretary by the licensee or the card holder, through the Licensing Division, within 5 days after: It is voluntarily surrendered; It is suspended or revoked by the Secretary for violation of this chapter or Business Occupations and Professions Article, Title 13, Annotated Code of Maryland; The holder is convicted of a crime listed in Regulation .03C of this chapter; Death of the holder occurs; or In the case of a person holding a certification, the holder terminates employment with the private detective agency through which the applicant obtained a private detective certification. If a private detective agency employs armed private detectives, the agency shall maintain a list for each armed private detective of: The weapon type; The weapon's serial number; and Whether the weapon is agency owned or personally owned. The personnel file for each armed employee shall contain a photocopy of the handgun permit for each private detective who is armed. An armed private detective may only use a weapon for which the private detective has been qualified to shoot and for which the private detective has submitted documentation identifying the weapon and the qualifying score to the Licensing Division Handgun Permit Section before carrying that weapon, in accordance with Public Safety Article, Title 5, Annotated Code of Maryland. Private detectives may not be armed unless they possess a valid handgun permit. To provide consistency in certain actions taken against any licensee, firm, or person that holds a private detective certification, a penalty matrix is established in §D of this regulation. For the purpose of this chapter, a license term is defined as the period of time from the date of issuance of a license to the date of expiration or revocation, inclusive of all renewals. The penalty matrix is a general working guide. This regulation does not prevent the Secretary from administering any penalty deemed necessary in the best interest of the public or industry. The Secretary establishes the penalty matrix as follows: Category A—Offenses and Penalties: Category A offenses are as follows: Agency failing to notify the Licensing Division of a change of address or telephone number, or a change of licensee or corporate officer status; Agency using badges not approved by the Secretary; and Agency using a trade name not approved through the State; The penalties for Category A offenses are as follows: First offense: Warning to agency, licensee, or certified employee; Second and third offenses: Reprimand or fine of agency, licensee, or certified employee; Fines for Category A offenses, when assessed, shall range from $50—$500 per violation; Category B—Offenses and Penalties: Category B offenses are as follows: Fourth and subsequent Category A offenses within the license term; Licensee failing to supervise its office and employees in the State; Agency operating with a license that has been expired for 1 to 30 days; Agency employing uncertified private detectives for 10 to 30 days without submitting the required application to the Secretary as required under Business Occupations and Professions Article, §13-401, Annotated Code of Maryland, regardless of the number of hours the private detective worked during that period; Private detective misrepresenting himself or herself as being authorized to operate as a licensed private detective while working for a licensed agency; Licensee or individual failing to surrender the wall license or certification card to the Secretary within 5 days of termination of employment or expiration, cancellation, suspension, or revocation of the agency license or certification; Individual failing to display the private detective certification on request from a law enforcement officer pursuant to Business Occupations and Professions Article, §13-407, Annotated Code of Maryland; Certified individual or licensee failing to return issued equipment to the private detective agency within 10 days after termination of employment pursuant to Business Occupations and Professions Article, §13-607(b), Annotated Code of Maryland; and A certified private detective loaning the certification card or badge to another individual in violation of Business Occupations and Professions Article, §13-703, Annotated Code of Maryland; The penalties for Category B offenses are as follows: First offense: Reprimand, fine, or suspension; Second offense: Reprimand, fine, or suspension of agency, licensee, or certified employee; Fines for Category B offenses, when assessed, shall range from $100—$1,000 per violation; Category C—Offenses and Penalties: Category C offenses are as follows: Third and subsequent Category B offenses within the license term; Agency employing an uncertified private detective for more than 30 calendar days, without submitting the required application to the Secretary, regardless of the number of hours the private detective worked during that period; Agency failing to maintain an office in this State that contains the business records made in this State pursuant to Business Occupations and Professions Article, §13-310, Annotated Code of Maryland; Agency operating while suspended; Agency operating with a license that has been expired for 31 to 60 calendar days; and Agency or individual operating in violation of any lawful order issued by the Secretary as it applies to Business Occupations and Professions Article, Title 13, Annotated Code of Maryland, or this chapter; The penalties for Category C offenses are as follows: First offense: Reprimand, fine, or suspension of agency, licensee, or certified employee; Second offense: Fine or suspension of agency, licensee, or certified employee; Fines for Category C offenses, when assessed, shall range from $250—$2,500 per violation; Category D—Offenses and Penalties: Category D offenses are as follows: Third and subsequent Category C offenses, fourth and subsequent Category B offenses, or a combination of Category A, Category B, and Category C offenses within a license term; Agency knowingly allowing a person that has been disapproved, suspended, or revoked to operate as a private detective; Agency providing armed employees, or allowing employees to be armed in the performance of their duties, without a valid handgun permit; Agency misrepresenting the status of the agency or agency license to the public; Agency operating without a license or soliciting business without a license; Agency failing to allow immediate inspection of records during an audit or investigation pursuant to Business Occupations and Professions Article, §13-309, Annotated Code of Maryland; Agency, licensee, or certified individual knowingly providing false information, statements, or documentation to the Secretary during any investigation, application, or routine correspondence; Agency operating with a license that has been expired for more than 60 calendar days; and Agency failing to pay assessed fine by the due date after final adjudication of appeal or after waiver of appeal rights and acceptance of penalty and fine; The penalties for Category D offenses are as follows: First offense: Fine or suspension of agency, licensee, or certified employee; Second offense: Fine or suspension of agency, licensee, or certified employee; Third offense: Suspension of agency, licensee, or certified employee or revocation of license; Fines for Category D offenses, when assessed, shall range from $500—$5,000 per violation. Business Occupations and Professions Article, §13-202, Annotated Code of Maryland Effective date: July 30, 2007 (34:15 Md. R. 1350)