Chapter 01. Security Guard Agency Licenses and Security Guard Certifications
Regulation .01 Agency Licenses.LinkCopy Citation
A.
An applicant shall submit an application provided by the Secretary of State Police, with the following signatures:
(1)
If the applicant is an individual, the application form shall be signed, under oath, by the individual;
(2)
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.
B.
An applicant for a license shall pay to the Secretary an application fee as follows:
(1)
Individual—$200;
(2)
Firm—$375;
(3)
For a license for both an unincorporated security guard agency and private detective agency under the same licensee name submitted simultaneously—$375; or
(4)
For a license for both an incorporated security guard agency and private detective agency under the same licensee name submitted simultaneously—$750.
C.
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.
D.
Recommendations.
(1)
An applicant shall submit to the Secretary three notarized recommendations for the individual, or, if a firm, three notarized recommendations for each firm member.
(2)
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.
E.
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.
F.
Photograph.
(1)
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.
(2)
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.
G.
A completed application form shall include the:
(1)
Address of the applicant's proposed principal place of business and of each proposed branch office;
(2)
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;
(3)
Submission of a facsimile of any trademark that the applicant intends to use while conducting the business of the security guard agency;
(4)
Verification that the applicant or firm has established a Maryland sales tax account for the agency;
(5)
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;
(6)
A draft copy of the intended badge and patch that the agency intends to use for review and approval by the Secretary; and
(7)
A signed copy of the Authorization for Release of Information.
H.
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.
I.
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:
(1)
Have the right index finger printed to a prenumbered certification card; and
(2)
Sign the certification card.
Regulation .02 Certification Card.LinkCopy Citation
A.
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.
B.
An application for a security guard certification card consists of:
(1)
Two photographs, 11/2 inch square, of the applicant's head and shoulders;
(2)
A completed application form;
(3)
Two cards with the applicant's fingerprints; and
(4)
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.
C.
The State Police will provide the application form and fingerprint cards.
D.
The hiring agency is responsible for preparing the completed application cards.
E.
The applicant may be denied a certification card if the applicant:
(1)
Has been convicted of a crime of violence, which is defined here as:
(a)
Abduction,
(b)
Arson,
(c)
Burglary, including common law and all statutory and storehouse forms of burglary offenses,
(d)
Escape,
(e)
Housebreaking,
(f)
Kidnapping,
(g)
Manslaughter, excepting involuntary manslaughter,
(h)
Mayhem,
(i)
Murder,
(j)
Rape,
(k)
Robbery,
(l)
Sodomy, or
(m)
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;
(2)
Has been convicted of a felony;
(3)
Is a habitual drunkard;
(4)
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;
(5)
Is addicted to or a habitual user of narcotics, barbiturates, or amphetamines;
(6)
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;
(7)
Has falsified any information on the applicant's application; or
(8)
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.
F.
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.
G.
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:
(1)
Voluntarily surrendered;
(2)
Revoked by the State Police for violation of these regulations;
(3)
The holder is convicted of a crime listed above; or
(4)
Death of the card holder occurs.
H.
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.
I.
Lost or Stolen Certification Cards.
(1)
Lost or stolen certification cards will be replaced only after an applicant submits under oath an application for a security guard certification card.
(2)
The application shall be accompanied by a notarized letter describing the circumstances of the loss.
(3)
Payment for the cost of the fingerprint card and record checks shall be charged for replacement of the card.
(4)
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.
Regulation .03 Renewal of Agency License and Certification.LinkCopy Citation
A.
Renewed licenses are for a 3-year term, staggered by the Secretary. Expiration dates are either January 31 or July 31.
B.
As a condition for license renewal, a licensee shall submit to the Secretary:
(1)
A properly completed renewal application;
(2)
Statements required by Business Occupations and Professions Article, §19-309, Annotated Code of Maryland;
(3)
A fee of $200 if the licensee is an individual or $400 if the licensee is a firm;
(4)
Late fees which may be applicable under Business Occupations and Professions Article, §19-309, Annotated Code of Maryland;
(5)
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;
(6)
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:
(a)
Name;
(b)
Date of birth;
(c)
Certification number; and
(d)
Expiration date of certification card;
(7)
Proof that the licensee has met the requirements of Regulation .01E of this chapter regarding liability insurance; and
(8)
A list of all members of the firm.
C.
As a condition for a security guard certification renewal, it is the responsibility of the individual applicant to obtain and submit:
(1)
A renewal application to the Secretary within 90 days before the certification expiration;
(2)
A renewal fee of $10;
(3)
Payment for the cost of the fingerprint card and record check by the Federal Bureau of Investigation; and
(4)
Any applicable late fee.
Regulation .04 Disqualification.LinkCopy Citation
A.
Disqualification.
(1)
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.
(2)
An appeal of the disqualification shall be made in writing to the Licensing Division, State Police, within 30 days of receiving written notice.
B.
It is the responsibility of the security guard agency to notify the applicant.
C.
Those applicants with circumstances requiring additional investigation shall:
(1)
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
(2)
Be required to make an appointment to appear in person at the Department of State Police Licensing Division to discuss their applications.
Regulation .05 Authorization for Employment Verification Required.LinkCopy Citation
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.
Regulation .06 Denials of Licenses and Certifications.LinkCopy Citation
A.
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:
(1)
Notify the applicant for a license or certification to appear for an informal review of the application;
(2)
Ask the applicant to produce additional documentation for the Secretary to consider; and
(3)
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.
B.
Letter of Denial.
(1)
On denial of the license or certification, the Secretary shall send, by certified mail, a letter advising the applicant of the reason for denial.
(2)
The notification letter shall include the applicable statement of law or regulation on which the decision to deny the application is based.
(3)
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.
C.
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.
D.
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.
Regulation .07 Reprimands, Fines, Suspensions, and Revocations.LinkCopy Citation
A.
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.
B.
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.
C.
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.
D.
The Secretary establishes the penalty matrix as follows:
(1)
Category A—Offenses and Penalties:
(a)
Category A offenses are as follows:
(i)
Agency failing to submit notification of employment, or termination of employment within 5 days after employment or termination;
(ii)
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
(iii)
Licensee failing to ensure that the certification card is given to the employee immediately on receipt from the Secretary;
(b)
The penalties for Category A offenses are as follows:
(i)
First offense: Warning to agency, licensee, or certified employee;
(ii)
Second and third offenses: Reprimand or fine of the agency, licensee, or certified employee;
(c)
Fines for Category A offenses, when assessed, shall range from $50—$500 per violation;
(2)
Category B—Offenses and Penalties:
(a)
Category B offenses are as follows:
(i)
Fourth and subsequent Category A offenses within the license term;
(ii)
Licensee failing to supervise its office and employees in the State;
(iii)
Agency operating with a license that has been expired for 1 to 30 calendar days;
(iv)
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;
(v)
Certified security guard misrepresenting himself or herself as being authorized to operate as a licensed agency while working for a licensed agency;
(vi)
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;
(vii)
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;
(viii)
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
(ix)
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;
(b)
The penalties for Category B offenses are as follows:
(i)
First offense: Reprimand, fine, or suspension;
(ii)
Second offense: Reprimand, fine, or suspension of the agency, licensee, or certified employee;
(c)
Fines for Category B offenses, when assessed, shall range from $100—$1,000 per violation;
(3)
Category C—Offenses and Penalties:
(a)
Category C offenses are as follows:
(i)
Third and subsequent Category B offenses within the license term;
(ii)
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;
(iii)
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;
(iv)
Agency operating while suspended;
(v)
Agency operating with a license that has been expired for 31 to 60 calendar days; and
(vi)
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;
(b)
The penalties for Category C offenses are as follows:
(i)
First offense: Reprimand, fine, or suspension of agency, licensee, or certified employee;
(ii)
Second offense: Fine or suspension of agency, licensee, or certified employee;
(c)
Fines for Category C offenses, when assessed, shall range from $250—$2,500 per violation;
(4)
Category D—Offenses and Penalties:
(a)
Category D offenses are as follows:
(i)
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;
(ii)
Agency knowingly allowing any person that has been disapproved, suspended, or revoked to operate as a security guard;
(iii)
Agency providing armed employees, or allowing employees to be armed in the performance of their duties, without a valid handgun permit;
(iv)
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;
(v)
Agency misrepresenting status of agency or agency license to the public;
(vi)
Agency operating without a license or soliciting business without a license;
(vii)
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;
(viii)
Agency, licensee, or certified individual knowingly providing false information, statements, or documentation to the Secretary during any investigation, application, or routine correspondence;
(ix)
Agency operating with a license that has been expired for more than 60 calendar days; and
(x)
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:
(b)
The penalties for Category D offenses are as follows:
(i)
First offense: Fine or suspension of agency, licensee, or certified employee;
(ii)
Second offense: Fine or suspension of agency, licensee, or certified employee;
(iii)
Third offense: Suspension of agency, licensee, or certified employee or revocation of license;
(c)
Fines for Category D offenses, when assessed, shall range from $500—$5,000 per violation.
Regulation .08 Badges.LinkCopy Citation
Use of badges by security guard agencies is subject to the following conditions:
A.
Authorization shall be requested in writing on the agency letterhead specifying the total number of badges required;
B.
Written approval shall be received from the State Police Licensing Division before issuing any badges;
C.
The badges used:
(1)
Shall be numbered consecutively, within the agency, with no duplication, from number 1,
(2)
May be gold finished for principals and corporate officers,
(3)
Shall be silver for all other employees, and
(4)
Shall contain the full agency name and the words “Investigator” or “Security Guard”;
D.
The badge will be issued only after the employee has received a State Police security guard certification card;
E.
The agency is responsible for the proper use of any badges issued; and
F.
The agency will report immediately to the Licensing Division loss or failure of a terminated employee to return a badge.
Regulation .09 Duplicate Certification Cards.LinkCopy Citation
A.
A lost, stolen, or damaged certification card shall be reported to the Licensing Division immediately.
B.
An individual reporting a lost or stolen certification card shall:
(1)
Provide a notarized letter, on company letterhead, verifying present employment and indicating the circumstances of the loss;
(2)
Provide any police reports, if available;
(3)
Make an appointment to come into the Licensing Division with proper photo identification;
(4)
Submit two recent photos, 11/2 inches square, depicting the applicant's head and shoulders; and
(5)
Pay a $10 processing fee by check or money order, payable to the Maryland State Police.
C.
An individual wishing replacement of a damaged certification card shall:
(1)
Provide verification on company letterhead indicating present employment;
(2)
Make an appointment to come into the Division with proper photo identification;
(3)
Submit two recent photos, 11/2 inches square, depicting the applicant's head and shoulders;
(4)
Pay a $10 processing fee by check or money order, payable to the Maryland State Police; and
(5)
Return the damaged certification card to the Licensing Division.
D.
An individual not currently employed by a licensed agency shall follow original application procedures.
Regulation .10 Duplicate or Additional Principal and Branch Office Certificates.LinkCopy Citation
A.
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.
B.
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.
C.
An agency must submit a letter on agency letterhead requesting a duplicate certificate or an additional branch office certificate that includes the:
(1)
Circumstances of the destruction or loss of a certificate; or
(2)
Complete address of the branch office for which an additional certificate has been requested.
Regulation .11 Inspection of Business Records.LinkCopy Citation
Inspection of records means the inspection and review, during normal business hours, Monday through Friday, of any:
A.
Records that pertain to a certified security guard or agency, including work sites, payroll records, personnel files, and employee rosters; and
B.
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.
Regulation .12 Armed Security Guards; Documentation of Weapon Information Required.LinkCopy Citation
A.
If a security guard agency employs armed security guards, the agency shall maintain a list for each armed security guard of:
(1)
The weapon type;
(2)
The weapon's serial number; and
(3)
Whether the weapon is agency owned or personally owned.
B.
The personnel file for each armed employee shall contain a photocopy of the handgun permit for each security guard who is armed.
C.
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.
D.
Security guards may not be armed unless they possess a valid handgun permit.
Chapter annotations
Authority: Business Occupations and Professions Article, §19-202, Annotated Code of Maryland
History: Effective date: July 21, 1972
History: Regulation .03 amended effective November 22, 1993 (20:23 Md. R. 1805)
History: Regulation .19 amended effective October 10, 1983 (10:20 Md. R. 1788)
History: Regulations .23—.30 repealed and new Regulations .23—.26 adopted effective October 10, 1983 (10:20 Md. R. 1788)
History: Regulation .23 amended effective January 22, 1990 (17:1 Md. R. 71)
History: Regulation .23A amended effective February 18, 1991 (18:3 Md. R. 307); November 22, 1993 (20:23 Md. R. 1805)
History: 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)
History: Regulation .25 amended effective January 22, 1990 (17:1 Md. R. 71)
History: Regulation .25B amended effective February 18, 1991 (18:3 Md. R. 307); November 22, 1993 (20:23 Md. R. 1805)
History: Regulation .25I amended effective November 22, 1993 (20:23 Md. R. 1805)
History: Regulation .26C amended effective November 22, 1993 (20:23 Md. R. 1805)
History: Chapter recodified from COMAR 12.06.04 to 29.04.01, July 1994
History: Regulation .02 amended effective June 16, 1997 (24:12 Md. R. 866)
History: Regulation .03 amended effective June 16, 1997 (24:12 Md. R. 866)
History: Regulation .22 amended effective June 16, 1997 (24:12 Md. R. 866); February 9, 1998 (25:3 Md. R. 147)
History: Regulation .22-1 adopted effective February 9, 1998 (25:3 Md. R. 147)
History: Regulation .23 amended effective June 16, 1997 (24:12 Md. R. 866); February 9, 1998 (25:3 Md. R. 147)
History: Regulation .24 amended and recodified to Regulation .27, and new Regulation .24 adopted effective June 16, 1997 (24:12 Md. R. 866)
History: Regulation .24K repealed effective February 9, 1998 (25:3 Md. R. 147)
History: Regulation .24-1 adopted effective February 9, 1998 (25:3 Md. R. 147)
History: Regulation .25 amended effective June 16, 1997 (24:12 Md. R. 866)
History: Regulation .26 amended effective June 16, 1997 (24:12 Md. R. 866)
History: Regulation .28 adopted effective February 9, 1998 (25:3 Md. R. 147)
History: Chapter revised effective July 30, 2007 (34:15 Md. R. 1350)