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)