# COMAR Title 29 — Department of State Police

## Subtitle 04 — Licensing and Permits

### Chapter 08 — Private Detective Agency Licenses and Private Detective Certifications

**Authority:** Business Occupations and Professions Article, §13-202, Annotated Code of Maryland

**Administrative History:** Effective date: July 30, 2007 (34:15 Md. R. 1350)

#### Regulation .01 Applicant for Agency License.

*COMAR 29.04.08.01*

A. In this chapter, “licensee” includes an applicant for a private detective agency license, except that written charges may not be filed against an applicant.

B. 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; and

  (2) 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.

C. 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 private detective agency and security guard agency under the same licensee name submitted simultaneously—$375;

  (4) For a license for both an incorporated private detective agency and security guard agency under the same licensee name submitted simultaneously—$750;

  (5) For a license as a firm member—$42; or

  (6) For a license as a representative member—$42.

D. 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.

E. Recommendations.

  (1) An applicant shall submit three notarized recommendations for the individual, or, if a firm, three notarized recommendations for each member of the firm.

  (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 private detective agency is to be conducted.

F. 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.

G. Photograph.

  (1) 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.

  (2) 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.

H. 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 private detective agency;

  (3) Submission of a facsimile of any trademark that the applicant intends to use while conducting the business of the private detective 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; and

  (6) A signed copy of the Authorization for Release of Information.

I. 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.

#### Regulation .02 Renewal of Agency License.

*COMAR 29.04.08.02*

A. Renewed private detective agency licenses are for a 2-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, §13-309, 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 that may be applicable under Business Occupations and Professions Article, §13-309, Annotated Code of Maryland;

  (5) Proof that the licensee has met the requirements of Regulation .01F of this chapter regarding liability insurance; and

  (6) A list of all members of the firm.

#### Regulation .03 Certification.

*COMAR 29.04.08.03*

A. Application.

  (1) 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.

  (2) The licensed agency will be provided with applications that shall be completed by the agency and the applicant.

  (3) 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.

  (4) 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.

  (5) Photographs.

    (a) 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.

    (b) 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.

B. If the applicant is approved as a private detective, an identification card shall be issued on a form prescribed by the Secretary.

C. The applicant may be denied a private detective identification 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 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;

  (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 the applicant 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.

D. 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:

  (1) It is voluntarily surrendered;

  (2) It is revoked by the State Police for violation of this chapter;

  (3) The holder is convicted of a crime listed in §C of this regulation;

  (4) Death of the card holder occurs; or

  (5) The holder terminates employment with the private detective agency through which the applicant obtained private detective certification.

E. 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.

#### Regulation .04 Renewal of Certification.

*COMAR 29.04.08.04*

A. Renewed private detective certifications are for a 3-year term.

B. As a condition for certification renewal, an applicant shall submit to the Licensing Division:

  (1) A properly completed renewal application; and

  (2) A fee of $15 plus payment for the cost of both the State and national fingerprint card record checks.

C. The check or money order shall be made payable to the Maryland State Police.

D. The applicant shall mail or deliver the application to the Licensing Division with the appropriate completed forms, fees, fingerprint cards, and two photographs.

E. Photographs.

  (1) 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.

  (2) 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.

#### Regulation .05 Authorization for Employment Verification Required.

*COMAR 29.04.08.05*

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 Certification Card.

*COMAR 29.04.08.06*

A. An individual applying for employment as a private detective, on certification, shall be issued a certification card by the State Police.

B. The issuance and form of the certification shall be in conformance with Business Occupations and Professions Article, §13-406, Annotated Code of Maryland.

#### Regulation .07 Duplicate Certification Cards.

*COMAR 29.04.08.07*

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, 1-1/2 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 Licensing Division with proper photo identification;

  (3) Submit two recent photos, 1-1/2 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 .08 Badges.

*COMAR 29.04.08.08*

Use of badges by private detective agencies is subject to the following conditions:

A. Authorization shall be requested in writing on agency letterhead specifying the total number of badges required;

B. Written approval shall be received from the Maryland 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 word “Investigator”;

D. The badge shall be issued only after the employee has received a State Police private detective certification card (Investigator);

E. The agency is responsible for the proper use of any badges issued; and

F. The agency shall report immediately to the Licensing Division loss of a badge or failure of a terminated employee to return a badge.

#### Regulation .09 Disqualification.

*COMAR 29.04.08.09*

A. Disqualification.

  (1) 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.

  (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 private detective agency to notify the applicant.

C. Those applicants with circumstances requiring additional investigation will:

  (1) 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

  (2) Be required to make an appointment to appear in person at the Maryland State Police Licensing Division to discuss their applications.

#### Regulation .10 Denials of Licenses and Certifications.

*COMAR 29.04.08.10*

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 13, Annotated Code of Maryland, or this chapter, the Secretary may:

  (1) Notify the applicant 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 send in a written appeal to the Licensing Division.

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 appeal within 30 days, the applicant is deemed to have waived the applicant's rights to appeal and the proposed action becomes final.

#### Regulation .11 Appointment of Licensee Upon Vacancy.

*COMAR 29.04.08.11*

A. 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.

B. 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.

C. 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.

D. 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.

E. An agency shall remain suspended until such time as the Secretary completes the background investigation and issues a license.

F. 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.

G. 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:

  (1) A computer background check shall be conducted of the applicant based on identifying characteristics and information provided on the application form;

  (2) 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

  (3) Unless the fingerprint results or any other investigation reveals a disqualifying offense or questionable character, further action will not be taken by the Secretary.

#### Regulation .12 Surrender of Agency License or Certification.

*COMAR 29.04.08.12*

A. 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.

B. 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:

  (1) It is voluntarily surrendered;

  (2) 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;

  (3) The holder is convicted of a crime listed in Regulation .03C of this chapter;

  (4) Death of the holder occurs; or

  (5) 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.

#### Regulation .13 Armed Private Detectives; Documentation of Weapon Information Required.

*COMAR 29.04.08.13*

A. If a private detective agency employs armed private detectives, the agency shall maintain a list for each armed private detective 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 private detective who is armed.

C. 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.

D. Private detectives may not be armed unless they possess a valid handgun permit.

#### Regulation .14 Reprimands, Fines, Suspensions, and Revocations.

*COMAR 29.04.08.14*

A. 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.

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 notify the Licensing Division of a change of address or telephone number, or a change of licensee or corporate officer status;

      (ii) Agency using badges not approved by the Secretary; and

      (iii) Agency using a trade name not approved through the State;

    (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 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 days;

      (iv) 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;

      (v) Private detective misrepresenting himself or herself as being authorized to operate as a licensed private detective 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 of termination of employment or expiration, cancellation, suspension, or revocation of the agency license or certification;

      (vii) 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;

      (viii) 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

      (ix) 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;

    (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 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 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;

      (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, §13-310, 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 13, 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 a person that has been disapproved, suspended, or revoked to operate as a private detective;

      (iii) Agency providing armed employees, or allowing employees to be armed in the performance of their duties, without a valid handgun permit;

      (iv) Agency misrepresenting the status of the agency or agency license to the public;

      (v) Agency operating without a license or soliciting business without a license;

      (vi) 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;

      (vii) Agency, licensee, or certified individual knowingly providing false information, statements, or documentation to the Secretary during any investigation, application, or routine correspondence;

      (viii) Agency operating with a license that has been expired for more than 60 calendar days; and

      (ix) 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;

    (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.