# COMAR Title 29 — Department of State Police ## Subtitle 04 — Licensing and Permits ### Chapter 02 — Special Police Commission **Authority:** Public Safety Article, §§3-304, 3-312, and 3-313, Annotated Code of Maryland **Administrative History:** Effective date: July 21, 1972 **Administrative History:** Regulations .01A and F, .02D and E, and .03B and C amended, and .04 **Administrative History:** repealed, effective October 24, 1983 (10:21 Md. R. 1903) **Administrative History:** Regulation .01A, B amended effective October 25, 1993 (20:21 Md. R. 1656) **Administrative History:** Regulation .02A, D amended effective February 18, 1991 (18:3 Md. R. 307) **Administrative History:** Regulation .02D amended effective October 25, 1993 (20:21 Md. R. 1656) **Administrative History:** Regulation .03 amended effective October 25, 1993 (20:21 Md. R. 1656) **Administrative History:** Regulation .03A amended effective February 18, 1991 (18:3 Md. R. 307) **Administrative History:** Chapter recodified from COMAR 12.06.05 to 29.04.02, July 1994 **Administrative History:** Regulation .02C, D, E amended effective September 30, 2002 (29:19 Md. R. 1527) **Administrative History:** Regulation .03C amended effective September 30, 2002 (29:19 Md. R. 1527) **Administrative History:** Regulations .01—.03 repealed and new Regulations .01—.13 adopted effective December 26, 2022 (49:26 Md. R. 1081) #### Regulation .01 Definitions. *COMAR 29.04.02.01* A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “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. (2) “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. (3) “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. (4) “Secretary” means the Secretary of the Department of State Police. (5) “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. (6) “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. (7) “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 #### Regulation .02 Who May Apply for a Special Police Officer Commission. *COMAR 29.04.02.02* A. The following entities may apply for the appointment of special police officers for the following purposes: (1) 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; (2) 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; (3) A college, university, or public school system in the State, in order to protect its property or students; or (4) 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. B. The applicant for a commission shall be at least 18 years of age. #### Regulation .03 Application Process for an Initial Special Police Officer Commission. *COMAR 29.04.02.03* A. An application for an initial special police officer commission may be obtained from the Maryland State Police Licensing Division website. B. 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: (1) 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; (2) Two, 2-inch x 2-inch head and shoulder color photographs; (3) The electronic fingerprint processing center receipt; and (4) 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. C. 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. D. 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. E. Investigation of Applicant. (1) 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. (2) The applicant shall supply additional information as required in connection with the investigation. (3) 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. (4) 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. (5) 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. F. 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. G. 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. #### Regulation .04 Special Police Officer Training. *COMAR 29.04.02.04* A. 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. B. 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. C. In-Service Training. (1) 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. (2) A certification of completion shall be provided by the special police authorized trainer verifying the successful completion of the required 80 hours of training. D. Audit Authority. All certification and training documentation and procedures approved by PTSC are subject to compliance audits. E. Exemptions. (1) 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. (2) 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. (3) The minimum 80-hour training requirement for initial applicants shall not be required until October 1, 2020. (4) Any other exemptions shall be considered, and approved by the Secretary when appropriate. F. Training Certification. (1) 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. (2) The written certification shall be included in initial and renewal applications. #### Regulation .05 Expiration of Commission. *COMAR 29.04.02.05* A. Initial and renewed commissions shall expire 3 years after the date of issuance. B. 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. C. The entity is responsible for renewing the special police officers’ commissions pursuant to Regulation .07 of this chapter. #### Regulation .06 Renewal Application Process for a Special Police Officer Commission. *COMAR 29.04.02.06* A. Renewal applications shall be at the Maryland State Police Licensing Division 90-days before the expiration date of the commission. B. 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. C. 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. D. Renewal applications may be obtained from the Maryland State Police Licensing Division website. E. 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: (1) 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; (2) Two, 2-inch x 2-inch head and shoulder color photographs; (3) The electronic fingerprint processing center receipt; and (4) Certification of completion provided by the special police authorized trainer verifying the successful completion of the required 12 hours of training. F. 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. G. 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. H. Investigation of Renewal Applicant. (1) 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. (2) The renewal applicant shall supply additional information as required in connection with the investigation. (3) 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. (4) 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. (5) 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. I. 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. J. 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. #### Regulation .07 Termination of Employment or Commission. *COMAR 29.04.02.07* A. 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. B. 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. #### Regulation .08 Findings. *COMAR 29.04.02.08* A. The Department of State Police finds that an entity may have: (1) A staff of all special police officers; or (2) 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. B. 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. C. 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. #### Regulation .09 Identification. *COMAR 29.04.02.09* A. 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. B. Special Police Option Designation. (1) 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. (2) 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. C. Uniforms and Related Items. (1) 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. (2) 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. (3) 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. D. Badge and Patch Requirements. (1) 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. (2) Badges and patches shall not contain the words or seal of a federal, state, or local law enforcement agency. (3) 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. E. Special Police Vehicle Requirements. (1) 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. (2) Vehicles shall state the words “Special Police” or an option designator name and be visible by a reasonable person under normal conditions. (3) Vehicles shall not contain the words or seal of a federal, state, or local law enforcement agency. (4) 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. F. Special Police Facility Requirements. (1) Special police facilities shall only display the name of the incorporated agency or option designation name. (2) 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. #### Regulation .10 Traffic Ingress and Egress. *COMAR 29.04.02.10* A. 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. B. 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. C. The exception to requesting approval 30 days in advance shall be when the Governor declares a state of emergency. #### Regulation .11 Special Police Officer’s Scope of Authority. *COMAR 29.04.02.11* A special police officer may: A. Arrest individuals who trespass or commit offenses on the property described in the application for the commission; B. Exercise the powers of a police officer on the property described in the application for the commission; C. 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 D. 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. #### Regulation .12 Special Police Officers Enforcing Maryland Motor Vehicle Laws. *COMAR 29.04.02.12* A. 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: (1) A probationary or permanent appointment as a security officer or is a member of an industrial police force; and (2) 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. B. 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. C. 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. D. 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. #### Regulation .13 Suspended and Terminated Commissions. *COMAR 29.04.02.13* A. 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. B. The Governor may suspend or terminate a commission: (1) On the recommendation of the Secretary; or (2) On the Governor’s own motion if the Governor finds it in the best interest of the State. C. Suspension by the Secretary. (1) The Governor may delegate the power to suspend a commission to the Secretary. (2) The Secretary may suspend a commission if it appears that the action is in the best interest of the public. (3) 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. D. The suspension or termination of a commission shall be noted in the official records of the Governor. E. 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. F. A commission does not terminate if: (1) 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 (2) 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. G. 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.