reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Business Occupations and Professions › Title 12 - Plumbers › Subtitle 3 - Licensing › Section 12-310 - Limited Licenses

(a)    Subject to the limitations in this section, the Board may issue a limited license to provide plumbing services as a master plumber or a journey plumber to any applicant who:
(1)    meets the qualifications that the Board establishes for:
(i)    a limited master plumber license; or
(ii)    a limited journey plumber license;
(2)    passes an examination given by the Board for:
(i)    a limited master plumber license; or
(ii)    a limited journey plumber license;
(3)    submits to the Board an application on the form that the Board requires;
(4)    pays the appropriate application fee under § 12-303 of this subtitle for:
(i)    a master plumber license; or
(ii)    a journey plumber license; and
(5)    if contracting in the name of the applicant or another person to provide plumbing services, submits to the Board proof of the liability insurance as required under § 12-501 of this title.
(b)    (1)    While a limited master plumber license is in effect, it authorizes the licensee to provide plumbing services only in a specified geographical area of the State.
(2)    While a limited journey plumber license is in effect, it authorizes the licensee to provide plumbing services under the direction and control of a master plumber only in a specified geographical area of the State.
(c)    A limited license expires on the first May 1 that comes:
(1)    after the effective date of the limited license; and
(2)    in an odd-numbered year.
(d)    After June 30, 1991, the Board may not issue a limited license to provide plumbing services to any individual.
(e)    Notwithstanding subsection (d) of this section, an individual who is issued a limited license to provide plumbing services on or before June 30, 1991, may continue to renew the limited license for a 2-year term as provided under § 12-308 of this subtitle if the individual meets the appropriate renewal requirements for:
(1)    a master plumber license; or
(2)    a journey plumber license.
2023 Maryland Statutes › Business Occupations and Professions › Title 12 - Plumbers › Subtitle 3 - Licensing › Section 12-310.1 - Insurance Requirements of Propane Gas and Natural Gas Providers

(a)    A person who is engaged in the business of providing propane gas services under § 12-401(b) of this title shall meet the insurance requirements set forth in § 12-501 of this title.
(b)    A person who holds a master natural gas fitters license and provides natural gas services under § 12-401(c) of this title shall meet the insurance requirements set forth in § 12-501 of this title.
2023 Maryland Statutes › Business Occupations and Professions › Title 12 - Plumbers › Subtitle 3 - Licensing › Section 12-311 - Display of License or Certificate and Number; Exception; Change of Name, Address, or Employment

(a)    (1)    Each master plumber shall display:
(i)    the master plumber license and the license number conspicuously in the principal place of business of the master plumber; and
(ii)    the license number of the master plumber license on each vehicle used on the job for providing plumbing services.
(2)    Each holder of a limited master plumber license shall display:
(i)    the limited master plumber license and the license number conspicuously in the principal place of business of the holder of the limited master plumber license; and
(ii)    the license number of the limited master plumber license on each vehicle used on the job for providing plumbing services.
(3)    Each holder of a propane gas fitter certificate shall display:
(i)    the propane gas fitter certificate and the certificate number conspicuously in the principal place of business of the certificate holder; and
(ii)    the certificate number of the propane gas fitter certification on each vehicle used on the job in providing propane gas services.
(4)    Each holder of a master natural gas fitters license shall display:
(i)    the master natural gas fitters license and the license number conspicuously in the principal place of business of the license holder; and
(ii)    the license number of the master natural gas fitters license on each vehicle used on the job for providing natural gas services.
(b)    (1)    Except as provided in paragraph (2) of this subsection, a county or municipal corporation may not require a person licensed under this subtitle to display a county or municipal corporation certificate number on each vehicle used on the job for providing plumbing, natural gas fitting, or propane gas fitting services.
(2)    This subsection does not apply to Baltimore County or the areas in the State under the jurisdiction of the Washington Suburban Sanitary Commission.
(c)    Each licensee shall give the Board and any appropriate licensing authority written notice of any change of name, address, or employment from that which appears on the current license, at least 10 working days before the change is to take effect.
2023 Maryland Statutes › Business Occupations and Professions › Title 12 - Plumbers › Subtitle 3 - Licensing › Section 12-313 - Denials, Reprimands, Suspensions, and Revocations -- Hearings

(a)    Except as otherwise provided in § 10-226 of the State Government Article, before the Board takes any final action under § 12-312 of this subtitle, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board.
(b)    The Board shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.
(c)    The Board may administer oaths in connection with any proceeding under this section.
(d)    If, after due notice, the individual against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter.
2023 Maryland Statutes › Business Occupations and Professions › Title 12 - Plumbers › Subtitle 3 - Licensing › Section 12-314 - Judicial Review

Any person aggrieved by a final decision of the Board in a contested case, as defined in § 10-202 of the State Government Article, may take an appeal as allowed in §§ 10-222 and 10-223 of the State Government Article.
2023 Maryland Statutes › Business Occupations and Professions › Title 12 - Plumbers › Subtitle 4 - Engaging in the Business of Providing Plumbing Services › Section 12-401 - Qualifications for Engaging in the Business of Providing Plumbing, Propane Gas, and Natural Gas Services

(a)    A person may engage in the business of providing plumbing services if:
(1)    the person is a master plumber or holder of a limited master plumber license; or
(2)    the person:
(i)    designates a master plumber or holder of a limited master plumber license who actively directs, controls, and is responsible for all plumbing services; and
(ii)    otherwise provides the plumbing services in accordance with this title.
(b)    A person may engage in the business of providing propane gas services if:
(1)    the person is the holder of a propane gas fitter certificate; or
(2)    the person:
(i)    designates a holder of a propane gas fitter certificate who actively directs, controls, and is responsible for all propane gas services; and
(ii)    otherwise provides the propane gas services in accordance with this title.
(c)    A person may engage in the business of providing natural gas services if:
(1)    the person is the holder of a master natural gas fitters license; or
(2)    the person:
(i)    designates a holder of a master natural gas fitters license who actively directs, controls, and is responsible for all natural gas services; and
(ii)    otherwise provides natural gas services in accordance with this title.
2023 Maryland Statutes › Business Occupations and Professions › Title 12 - Plumbers › Subtitle 4 - Engaging in the Business of Providing Plumbing Services › Section 12-402 - Employment of Licensed Individuals

(a)    A master plumber, holder of a limited master plumber license, or other person who engages in the business of providing plumbing services under this subtitle may employ an individual who is not a master plumber or holder of a limited master plumber license to provide or assist in providing plumbing services if the individual:
(1)    is licensed:
(i)    as an apprentice plumber, to assist in providing plumbing services; or
(ii)    as a journey plumber or holder of a limited journey plumber license, to provide plumbing services; and
(2)    provides or assists in providing the services only within the scope of the license.
(b)    This section does not apply to an individual performing work that is only incidental to the licensee providing or assisting in providing plumbing services.
2023 Maryland Statutes › Business Occupations and Professions › Title 12 - Plumbers › Subtitle 4 - Engaging in the Business of Providing Plumbing Services › Section 12-403 - Notice

(a)    (1)    Before a master plumber or holder of a limited master plumber license may provide plumbing services through a person who engages in the business of providing plumbing services under this subtitle, a holder of a propane gas fitter certificate may provide propane gas services through a person who engages in the business of providing propane gas services under this subtitle, or a master plumber or a holder of a master natural gas fitters license may provide natural gas services through a person who engages in the business of providing natural gas services under this subtitle, the master plumber, holder of a limited master plumber license, holder of a propane gas fitter certificate, or holder of a master natural gas fitters license shall submit to the Board a notice stating the intent of the master plumber, holder of a limited master plumber license, holder of a propane gas fitter certificate, or holder of a master natural gas fitters license to do so.
(2)    The notice shall include:
(i)    the name of the master plumber, holder of a limited master plumber license, holder of a propane gas fitter certificate, or holder of a master natural gas fitters license submitting the notice;
(ii)    a statement that the named individual has been designated as the master plumber, holder of a limited master plumber license, holder of a propane gas fitter certificate, or holder of a master natural gas fitters license of the person;
(iii)    the address of the principal place of business of the person;
(iv)    any trade or fictitious name that the person intends to use while conducting the business of the person;
(v)    the name of the person who carries insurance as required under § 12-501 of this title; and
(vi)    any other information that the Board requires by regulation.
(b)    The Board may set by regulation procedures for keeping current information about any person through whom plumbing services are provided.
2023 Maryland Statutes › Business Occupations and Professions › Title 12 - Plumbers › Subtitle 5 - Miscellaneous Provisions › Section 12-501 - Insurance

(a)    A master plumber or holder of a limited master plumber license may not contract to provide plumbing services on behalf of the master plumber, holder of a limited master plumber license, or another person who engages in the business of providing plumbing services unless the plumbing work of the master plumber or holder of a limited master plumber license is covered by liability insurance, including completed operations:
(1)    for bodily injury in the amount of at least $300,000; and
(2)    for property damage in the amount of at least $100,000.
(b)    (1)    The insurance required under this section may be bought:
(i)    by a master plumber or holder of a limited master plumber license; or
(ii)    for a master plumber or holder of a limited master plumber license, by the person who engages in the business of providing plumbing services and employs the master plumber or holder of a limited master plumber license.
(2)    The insurance requirement of this section is not met for work that a master plumber or holder of a limited master plumber license does outside the scope of employment for the person who carries the insurance.
(c)    An apprentice plumber, journey plumber, or holder of a limited journey plumber license need not obtain separate insurance while providing or assisting in providing plumbing services within the scope of the license.
(d)    (1)    An applicant for a master plumber license or limited master plumber license shall submit proof of the insurance required under this section to the Board with the license application.
(2)    The Board may not issue a master plumber license or limited master plumber license to an applicant to whom the insurance requirements of this section would apply unless the applicant submits proof of the insurance.
(e)    Unless an applicant meets the insurance requirements of this section, the Board may not renew the master plumber license or limited master plumber license of the applicant to whom the insurance requirements of this section would apply.
(f)    A master plumber or holder of a limited master plumber license shall give the Board notice of the cancellation of insurance at least 10 days before the effective date of the cancellation.
(g)    If a county, municipal corporation, special taxing district, or other political subdivision requires a master plumber, holder of a limited master plumber license, or other person who engages in the business of providing plumbing services to execute a surety bond under local plumbing requirements, the person may satisfy the bond requirement by submitting proof of the insurance required under this section.
(h)    The Board shall specify on the master plumber license or limited master plumber license whether the master plumber or holder of the limited master plumber license meets the insurance requirements of this section.
2023 Maryland Statutes › Business Occupations and Professions › Title 12 - Plumbers › Subtitle 5 - Miscellaneous Provisions › Section 12-502 - Required Compliance With Applicable Plumbing Code

(a)    Regardless of whether plumbing services are provided for compensation, a person who provides or assists in providing plumbing services shall comply with the State Plumbing Code or any applicable local plumbing code.
(b)    To ensure that plumbing services provided in a State building meet or exceed the standards of the State Plumbing Code, the plumbing work shall be inspected:
(1)    to the extent money is provided in the State budget, by a State plumbing inspector; or
(2)    if not inspected by a State plumbing inspector, by an inspector of the county or local government where the plumbing services are provided.
2023 Maryland Statutes › Business Occupations and Professions › Title 12 - Plumbers › Subtitle 5 - Miscellaneous Provisions › Section 12-503 - Plumbing Inspectors

(a)    Each individual whom the State, a county, or a local government appoints or employs as a plumbing inspector shall:
(1)    each year attend a continuing education course that the Board or, with the approval of the Board, a county or local government conducts; and
(2)    meet minimum standards that:
(i)    adequately ensure that the plumbing inspector is qualified to inspect in accordance with the State Plumbing Code;
(ii)    are established:
1.    by the county or local government in consultation with the Board; or
2.    if there is no standard established by the county or local government, by the Board; and
(iii)    are administered:
1.    for a county or local government inspector, by the county or local government that appoints or employs the inspector; and
2.    for a State inspector, by the State.
(b)    (1)    Except as provided in paragraph (2) of this subsection, a county or local government may employ an individual as a plumbing inspector only if the individual holds a master plumber license issued by the Board, the Baltimore County Plumbing Board, or the Washington Suburban Sanitary Commission.
(2)    Paragraph (1) of this subsection does not apply to a county or local government that uses combination building code inspectors to conduct concurrent trade–specific inspections on residential or commercial buildings to determine compliance with adopted plumbing codes and building codes if the combination building code inspector, as part of the inspector’s training, has passed:
(i)    a master plumber examination given by the Board, the Baltimore County Plumbing Board, or the Washington Suburban Sanitary Commission; or
(ii)    the plumbing inspector’s test administered by the Board.
(c)    An individual may not have any financial interest in any plumbing business while employed by the State, a county, or any local government as a plumbing inspector.
(d)    (1)    On appointment or employment, the individual shall place the master plumber license, journey plumber license, or limited license on inactive status.
(2)    The Board may issue a plumbing inspector identification card to a plumbing inspector who has placed the appropriate license on inactive status.
(3)    On termination of the appointment or employment of an individual as a plumbing inspector, the Board shall reactivate the master plumber license, journey plumber license, or limited license of an individual who is on inactive status, without examination, if the individual:
(i)    makes a written request to the Board; and
(ii)    pays to the Board a reactivation fee set by the Board.
(e)    The Board may impose a reasonable fee to cover the costs of conducting the continuing education courses under subsection (a) of this section.
2023 Maryland Statutes › Business Occupations and Professions › Title 12 - Plumbers › Subtitle 5 - Miscellaneous Provisions › Section 12-504 - Contents of Advertisement

Each plumbing advertisement in the name of a person who engages in the business of providing plumbing services shall contain the license number and name of a master plumber or holder of a limited master plumber license whom the person employs and designates to direct and control the provision of plumbing services through the business of the person.
2023 Maryland Statutes › Business Occupations and Professions › Title 12 - Plumbers › Subtitle 6 - Prohibited Acts; Penalties › Section 12-601 - Providing or Assisting in Providing Plumbing Services, Propane Gas Services, or Natural Gas Services Without License

(a)    Except as otherwise provided in this title, a person may not provide, attempt to provide, or offer to provide plumbing services unless licensed by the Board to provide plumbing services.
(b)    Except as otherwise provided in this title, a person may not assist, attempt to assist, or offer to assist in providing plumbing services in the State unless licensed by the Board to provide or assist in providing plumbing services.
(c)    Except as otherwise provided in this title, a person may not provide, attempt to provide, or offer to provide propane gas services unless licensed by the Board to provide plumbing services or certified by the Board to provide propane gas services.
(d)    Except as otherwise provided in this title, a person may not provide, attempt to provide, or offer to provide natural gas services unless licensed by the Board to provide plumbing services or natural gas services.
2023 Maryland Statutes › Business Occupations and Professions › Title 12 - Plumbers › Subtitle 6 - Prohibited Acts; Penalties › Section 12-602 - Employment of Unauthorized Individual in Plumbing Work

(a)    Except as otherwise provided in this title, a master plumber, holder of a limited master plumber license, or other person who engages in the business of providing plumbing services may not employ an individual to provide or assist in providing plumbing services unless the individual:
(1)    is licensed by the Board as a master plumber or holder of a limited master plumber license; or
(2)    (i)    is licensed by the Board as a journey plumber, holder of a limited journey plumber license, or apprentice plumber; and
(ii)    provides or assists in providing the plumbing services within the scope of the license.
(b)    A person may not employ an individual to provide or assist in providing plumbing services under a public work contract subject to Title 17, Subtitle 2 of the State Finance and Procurement Article unless the individual is licensed by the Board, the Baltimore County Plumbing Board, or the Washington Suburban Sanitary Commission.
(c)    A person may not classify an employee under a public work contract subject to Title 17, Subtitle 2 of the State Finance and Procurement Article who is licensed under this title at a specific work classification that is higher than the employee’s license type.
2023 Maryland Statutes › Business Occupations and Professions › Title 12 - Plumbers › Subtitle 6 - Prohibited Acts; Penalties › Section 12-603 - Employment of Unauthorized Individual in Plumbing Work -- Willful Violation

Except as otherwise provided in this title, regardless of whether a person is engaged in the business of providing plumbing services, the person may not knowingly employ an individual to provide or assist in providing plumbing services in the State unless the individual is licensed by the Board.
2023 Maryland Statutes › Business Occupations and Professions › Title 12 - Plumbers › Subtitle 6 - Prohibited Acts; Penalties › Section 12-604 - Misrepresentation

Unless authorized under this title to provide plumbing services, a person may not represent to the public, by use of a title, including “master plumber”, “registered plumber”, “licensed master plumber”, “holder of limited master plumber license”, “licensed journey plumber”, “journey plumber”, “holder of a limited journey plumber license”, “holder of a propane gas fitter certificate”, “holder of a master natural gas fitters license”, “holder of a journeyman natural gas fitters license”, or “holder of an apprentice natural gas fitters license”, by description of services, methods, or procedures, or otherwise, that the person is authorized to provide plumbing services in the State.
2023 Maryland Statutes › Business Occupations and Professions › Title 12 - Plumbers › Subtitle 6 - Prohibited Acts; Penalties › Section 12-605 - Installation of Unapproved Fixtures

(a)    (1)    A person may not install a plumbing fixture or other device that does not meet the standards for approval as set out in the State Plumbing Code or any applicable local plumbing code.
(2)    A person may not sell or install a fixture or other device that does not limit water consumption in accordance with the standards adopted by the Board.
(b)    Subject to subsection (c) of this section, each local plumbing inspector shall enforce the prohibition against the installation of a plumbing fixture that is not water-conserving under the State Plumbing Code or any applicable local plumbing code to ensure that the capacity for waste water treatment of municipal sewage treatment facilities and private on-site wastewater disposal systems is not exceeded.
(c)    Enforcement of this section may be suspended for a specified period if a local plumbing inspector determines that:
(1)    there is an inadequate supply of fixtures and devices that are required by and meet the standards for approval as set out in the State Plumbing Code or any applicable local plumbing code;
(2)    the configuration of a drainage system for a building requires a greater quantity of water to flush the system adequately than is delivered by fixtures and devices that are required by and meet the standards for approval as set out in the State Plumbing Code or any applicable local plumbing code; or
(3)    historic restoration would be affected adversely.
2023 Maryland Statutes › Business Occupations and Professions › Title 12 - Plumbers › Subtitle 6 - Prohibited Acts; Penalties › Section 12-605.1 - Use of Lead-Free Materials in the Installation or Repair of Plumbing

(a)    In the installation or repair of plumbing intended to dispense water for human consumption, a person shall use only pipes, pipe fittings, plumbing fittings, or fixtures that are lead–free.
(b)    In the installation or repair of plumbing intended to dispense water for human consumption, a person shall use only solder or flux that is lead–free.
(c)    Only the individual pipes, pipe fittings, plumbing fittings, or fixtures that are installed or repaired may be considered when calculating the weighted average lead content.
2023 Maryland Statutes › Business Occupations and Professions › Title 12 - Plumbers › Subtitle 6 - Prohibited Acts; Penalties › Section 12-605.2 - Selling of Lead-Free Plumbing Supplies

(a)    A person engaged in the business of selling plumbing supplies in the State may not sell pipes, pipe fittings, plumbing fittings, or fixtures that will be used in the installation or repair of any plumbing that dispenses water for human consumption, unless the pipes, pipe fittings, plumbing fittings, or fixtures are lead–free.
(b)    A person engaged in the business of selling plumbing supplies in the State may not sell solder or flux that is not lead–free unless the solder or flux bears a label stating that it is illegal to use the solder or flux in the installation or repair of any plumbing that dispenses water for human consumption.
2023 Maryland Statutes › Business Occupations and Professions › Title 12 - Plumbers › Subtitle 6 - Prohibited Acts; Penalties › Section 12-606 - Required Fixtures and Devices in Buildings and Structures

(a)    Except as provided in subsection (b) of this section, a person who builds or remodels a building or structure shall ensure installation, in the building or structure, of fixtures and devices that are required by and meet the standards for approval as set out in the State Plumbing Code or any applicable local plumbing code.
(b)    Enforcement of this section may be suspended for a specified period if a local plumbing inspector determines that:
(1)    there is an inadequate supply of fixtures and devices that are required by and meet the standards for approval as set out in the State Plumbing Code or any applicable local plumbing code;
(2)    the configuration of a drainage system for a building requires a greater quantity of water to flush the system adequately than is delivered by fixtures and devices that are required by and meet the standards for approval as set out in the State Plumbing Code or any applicable local plumbing code; or
(3)    historic restoration would be affected adversely.
2023 Maryland Statutes › Business Occupations and Professions › Title 12 - Plumbers › Subtitle 6 - Prohibited Acts; Penalties › Section 12-607 - Penalties

(a)    (1)    In this subsection, “officer” includes a superintendent, manager, and agent of a corporation regardless of whether it engages in the business of providing plumbing services.
(2)    A person, including an officer, who violates any provision of the following sections of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50 for each day or part of each day that the violation continues:
(i)    § 12-602;
(ii)    § 12-603; and
(iii)    § 12-604.
(b)    (1)    A person who violates any provision of the following sections of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 or imprisonment not exceeding 6 months or both for each day or part of each day that the violation continues:
(i)    § 12–601;
(ii)    except as provided in paragraph (2) of this subsection, § 12–605; and
(iii)    § 12–606.
(2)    This subsection does not apply to a violation of any prohibition on the sale or installation of a fixture or other device that is not water–conserving.
(c)    Any person who knowingly and willfully violates any provision of § 12-501(a) of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 6 months or both.
(d)    (1)    In addition to any other penalties under this title, the Board may impose on a person who violates any provision of this subtitle a penalty not exceeding $5,000 for each violation.
(2)    In setting the amount of the penalty, the Board shall consider:
(i)    the gravity of the violation;
(ii)    the good faith of the violator;
(iii)    the quantity and gravity of previous violations by the same violator;
(iv)    the harm caused to the complainant, the public, and the plumbing profession;
(v)    the assets of the violator; and
(vi)    any other factors that the Board considers relevant.
2023 Maryland Statutes › Business Occupations and Professions › Title 13 - Private Detectives › Subtitle 1 - Definitions; General Provisions › Section 13-102 - Scope of Title

This title does not apply:
(1)    to an officer or employee of any unit of the United States, of any state, or of any county, municipal corporation, or other political subdivision of any state, while performing a duty of the office or employment;
(2)    to a lawyer, while performing any activity that relates to the lawyer’s regular practice of law in the State;
(3)    to an individual who, as a regular part-time or full-time employee of a lawyer, provides services that relate to the lawyer’s regular practice of law in the State;
(4)    to an individual who is regularly and exclusively employed as an investigator or in any other capacity by a person who is not engaged in the business of providing private detective services, while performing any duty of the employment;
(5)    to a person who is licensed to engage in insurance business of any kind in the State, while conducting that business, or to any employee or licensed agent of that person, while conducting that business;
(6)    to an independent insurance adjuster, while conducting the business of an insurance adjuster;
(7)    to a person while conducting an investigation solely for the person’s own account; or
(8)    to a special police officer appointed and while performing under Title 3, Subtitle 3 of the Public Safety Article or § 16-16 of the Code of Public Local Laws of Baltimore City.
2023 Maryland Statutes › Business Occupations and Professions › Title 13 - Private Detectives › Subtitle 2 - Secretary › Section 13-202 - Powers and Duties

(a)    In addition to any powers set forth elsewhere, the Secretary may:
(1)    adopt regulations to carry out this title;
(2)    use any member of the Department of State Police, as necessary, to carry out and enforce this title; and
(3)    make inquiries and conduct an investigation regarding any applicant:
(i)    for a license; or
(ii)    for employment with a licensee as a private detective.
(b)    In addition to any duties set forth elsewhere, the Secretary shall:
(1)    adopt regulations that set standards for the certification of employees of private detective agencies as private detectives;
(2)    keep a roster of the individuals certified as private detectives under this title, including on the roster:
(i)    the names of individuals certified;
(ii)    the name of the licensed private detective agency with or by which each individual is associated or employed; and
(iii)    any other information that the Secretary considers appropriate; and
(3)    adopt by regulation a schedule of fines for violations of this title that may be assessed by the Secretary under §§ 13-313 and 13-409 of this title.
2023 Maryland Statutes › Business Occupations and Professions › Title 13 - Private Detectives › Subtitle 2 - Secretary › Section 13-203 - Confidentiality of Information About Applicants

The Secretary and all members of the Department of State Police:
(1)    shall treat as confidential any information obtained through an investigation of an applicant for a license or for certification under this title; and
(2)    unless required by a court order or subpoena, may not divulge to a person who is not a member of the Department of State Police or a member of any other law enforcement agency that is conducting an official investigation any information obtained through an investigation of an applicant for a license or for certification under this title.
2023 Maryland Statutes › Business Occupations and Professions › Title 13 - Private Detectives › Subtitle 2 - Secretary › Section 13-206 - Judicial Review

Any person aggrieved by a final decision of the Secretary in a contested case, as defined in § 10-202 of the State Government Article, may take an appeal as allowed in §§ 10-222 and 10-223 of the State Government Article.
2023 Maryland Statutes › Business Occupations and Professions › Title 13 - Private Detectives › Subtitle 3 - Private Detective Agency Licenses › Section 13-301 - License Required; Eligibility

(a)    Except as otherwise provided in this title, a person shall be licensed by the Secretary as a private detective agency before the person may:
(1)    conduct a business that provides private detective services in the State; and
(2)    solicit to engage in a business that provides private detective services in the State.
(b)    An individual or a firm may qualify for a license as a private detective agency.
2023 Maryland Statutes › Business Occupations and Professions › Title 13 - Private Detectives › Subtitle 3 - Private Detective Agency Licenses › Section 13-302 - Qualifications of Applicants

(a)    To qualify for a license, an applicant shall meet the requirements of this section.
(b)    If the applicant is a firm, the firm shall appoint a firm member as the representative member to make the application on behalf of the firm.
(c)    (1)    If the applicant is an individual, the applicant shall be of good character and reputation.
(2)    If the applicant is a firm, each firm member shall be of good character and reputation.
(d)    The individual applicant or the representative member shall be at least 25 years old.
(e)    The applicant shall meet the experience requirements of § 13-303 of this subtitle.
2023 Maryland Statutes › Business Occupations and Professions › Title 13 - Private Detectives › Subtitle 3 - Private Detective Agency Licenses › Section 13-303 - Experience

(a)    In this section, “organized police agency” means:
(1)    a police department of the State or of a county or municipal corporation of the State;
(2)    a private police department that is allowed to enroll its officers in approved Maryland Police Training and Standards Commission schools and academies; or
(3)    a law enforcement agency of the United States, of any state, or of any county or municipal corporation of any state.
(b)    An individual applicant or, if the applicant is a firm, the representative member shall have:
(1)    at least 5 years of experience as a full–time certified or licensed private detective;
(2)    at least:
(i)    5 years of experience as a full–time police officer with an organized police agency; and
(ii)    completed successfully a police officer training course that is recognized and approved by the Maryland Police Training and Standards Commission;
(3)    at least 3 years of experience in an investigative capacity as a detective while serving as a police officer with an organized police agency;
(4)    at least:
(i)    3 years of experience in an investigative capacity in any unit of the United States, of the State, or of a county or municipal corporation of the State for the purpose of law enforcement; and
(ii)    completed successfully the police officer training required by the Maryland Police Training and Standards Commission; or
(5)    at least:
(i)    5 years of experience as a full–time fire investigator for a fire department or law enforcement agency of the State or of a county or municipal corporation of the State; and
(ii)    completed successfully the training certified by the Maryland Police Training and Standards Commission or the Maryland Fire–Rescue Education and Training Commission.
2023 Maryland Statutes › Business Occupations and Professions › Title 13 - Private Detectives › Subtitle 3 - Private Detective Agency Licenses › Section 13-306 - Issuance and Contents of License

(a)    (1)    The Secretary shall issue a license to each applicant who meets the requirements of this subtitle.
(2)    The Secretary shall issue an agency license certificate to each licensed private detective agency and a branch office certificate for each proposed branch office.
(b)    (1)    The Secretary shall include on each agency license certificate that the Secretary issues:
(i)    the full name of the licensee;
(ii)    the location of the principal office and of each branch office of the licensed private detective agency;
(iii)    the date of issuance of the license;
(iv)    the date on which the license expires; and
(v)    the name and address of the representative member, if the licensee is a firm.
(2)    The Secretary shall include on each branch office certificate:
(i)    the full name of the licensee;
(ii)    the location of the principal office of the licensee and of the agency branch office for which the certificate is issued;
(iii)    the date of issuance of the branch office certificate;
(iv)    the date on which the license of the licensee expires; and
(v)    the name and agency address of the representative member, if the licensee is applying on behalf of a firm.
2023 Maryland Statutes › Business Occupations and Professions › Title 13 - Private Detectives › Subtitle 3 - Private Detective Agency Licenses › Section 13-307 - Scope of License

While a license is in effect, it authorizes the licensee to:
(1)    conduct a business that provides private detective services for compensation;
(2)    maintain an office for the conduct of the business at each location stated in the agency license certificate;
(3)    employ individuals as private detectives to provide private detective services to the public on behalf of the licensee; and
(4)    represent the licensee to the public as a private detective agency.
2023 Maryland Statutes › Business Occupations and Professions › Title 13 - Private Detectives › Subtitle 3 - Private Detective Agency Licenses › Section 13-308 - Term and Renewal of License

(a)    By regulation, the Secretary shall stagger the terms of the licenses.
(b)    Unless a license is renewed for a 3–year term as provided in this section, the license expires on the day that the Secretary sets.
(c)    At least 1 month before a license expires, the Secretary shall mail or electronically transmit to the licensee:
(1)    a renewal application form; and
(2)    a notice that states:
(i)    the date on which the current license expires;
(ii)    that the Secretary must receive the renewal application and the statements required under § 13–309 of this subtitle, at least 15 days before the license expiration date, for the renewal to be issued and mailed before the license expires;
(iii)    the amount of the renewal fee;
(iv)    that, if the statements required under § 13–309 of this subtitle are not received at least 15 days before the license expiration date, a fee of $10 per day shall be charged against the licensee until the statements are received; and
(v)    that the submission of a false statement in the renewal application or in the annual statements is cause for revocation of the license.
(d)    A licensee periodically may renew the license for an additional 3–year term, if the licensee:
(1)    otherwise is entitled to be licensed;
(2)    pays to the Secretary:
(i)    a renewal fee of:
1.    $200, if the licensee is an individual; or
2.    $400, if the licensee is a firm; and
(ii)    any late fee required under § 13–309 of this subtitle; and
(3)    submits to the Secretary:
(i)    a renewal application on the form that the Secretary provides; and
(ii)    the statements required under § 13–309 of this subtitle.
(e)    The Secretary shall renew the license of each licensee who meets the requirements of this section.
2023 Maryland Statutes › Business Occupations and Professions › Title 13 - Private Detectives › Subtitle 3 - Private Detective Agency Licenses › Section 13-309 - Annual Statements

(a)    As a condition for license renewal, a licensee shall submit to the Secretary with the renewal application:
(1)    a certification or, as authorized by the Secretary, other documentation that the licensed private detective agency has paid, for the past 3 years, all withholding and Social Security taxes;
(2)    a certification or, as authorized by the Secretary, other documentation that the licensed private detective agency has paid, for the past 3 years, all other obligations payable for the employees of the licensed private detective agency to the State or the federal government;
(3)    a certificate from an insurance carrier or, as authorized by the Secretary, other documentation showing that the licensed private detective agency has in effect workers’ compensation insurance for its covered employees, as defined in § 9-101 of the Labor and Employment Article; and
(4)    a receipt from the Comptroller’s Office or, as authorized by the Secretary, other documentation showing that the State income tax of the licensed private detective agency has been paid for the past 3 years.
(b)    If the Secretary does not receive the documents required under subsection (a) of this section at least 15 days before the license expiration date, the Secretary shall charge the licensee a late fee of $10 per day until the documents are received.
(c)    The Secretary may inspect any of the business records of a licensee that relate to any matter that is subject to certification or documentation under this section.
2023 Maryland Statutes › Business Occupations and Professions › Title 13 - Private Detectives › Subtitle 3 - Private Detective Agency Licenses › Section 13-310 - Office; Records

(a)    Each licensee shall maintain an office in the State.
(b)    Each licensee shall keep in an office in the State all files or other records that:
(1)    are made in the State; and
(2)    relate to an investigation in the State.
2023 Maryland Statutes › Business Occupations and Professions › Title 13 - Private Detectives › Subtitle 3 - Private Detective Agency Licenses › Section 13-311 - New Offices; Change of Office Addresses; Change in Membership

(a)    (1)    Within 5 days after the change, a licensee shall submit to the Secretary written notice of:
(i)    the addition of a branch office; and
(ii)    any change in the address of an existing office.
(2)    The licensee shall submit with the notice:
(i)    the agency license certificate; and
(ii)    if the proposed change affects an existing branch office, the branch office certificate for that office.
(3)    The Secretary may:
(i)    endorse the change on the agency license certificate and, if applicable, on the branch office certificate of the affected branch office; or
(ii)    issue a new agency license certificate and, if applicable, a new branch office certificate, both of which shall set forth the same date as the original agency license certificate.
(b)    Within 5 days after the occurrence, a firm shall submit to the Secretary written notice of:
(1)    the withdrawal of any firm member; and
(2)    the death of any firm member.
2023 Maryland Statutes › Business Occupations and Professions › Title 13 - Private Detectives › Subtitle 3 - Private Detective Agency Licenses › Section 13-312 - Display, Loss, or Destruction of License or Branch Office Certificate

(a)    Each licensee shall display at all times:
(1)    the agency license certificate in a conspicuous place in the principal office of the private detective agency; and
(2)    each branch office certificate in a conspicuous place in the agency branch office for which the certificate was issued.
(b)    (1)    If an agency license certificate or branch office certificate is lost or destroyed, the licensee immediately shall notify the Secretary.
(2)    On receipt of notice of the loss or destruction of an agency license certificate or branch office certificate, the Secretary may issue a duplicate.
2023 Maryland Statutes › Business Occupations and Professions › Title 13 - Private Detectives › Subtitle 3 - Private Detective Agency Licenses › Section 13-313 - Denials, Reprimands, Suspensions, and Revocations -- Grounds

(a)    Subject to the hearing provisions of § 13-315 of this subtitle, the Secretary may deny a license to any applicant, reprimand any licensee, fine any licensee or agency, or suspend or revoke a license if the applicant or licensee:
(1)    fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another;
(2)    fraudulently or deceptively uses a license;
(3)    aids an individual to obtain or to attempt to obtain fraudulently or deceptively certification under this title as a private detective;
(4)    while not licensed, solicits to engage in or willfully engages in a business providing private detective services in the State;
(5)    while not licensed, willfully advertises:
(i)    as a private detective agency; or
(ii)    the provision of private detective services;
(6)    willfully makes a false statement or misrepresentation that an individual is or was in the employ of the applicant or licensee;
(7)    willfully makes a false statement or misrepresentation in any renewal application, in any annual statement, or in any other report or document that the Secretary requires to be submitted;
(8)    fails to notify the Secretary about any change among the firm members or in the address of the principal office or any branch office of a licensee;
(9)    fails to maintain the liability insurance required under § 13-604 of this title; or
(10)    violates any other provision of this title.
(b)    For purposes of this section, an act or omission of any principal, agent, or employee of an applicant or licensee may be construed to be the act or omission of the applicant or licensee, as well as of the principal, agent, or employee.
2023 Maryland Statutes › Business Occupations and Professions › Title 13 - Private Detectives › Subtitle 3 - Private Detective Agency Licenses › Section 13-314 - Denials, Reprimands, Suspensions, and Revocations -- Commencement of Proceedings

(a)    Subject to this section, the Secretary shall commence proceedings under § 13-313 of this subtitle on the Secretary’s own complaint or on a complaint made to the Secretary by any person.
(b)    (1)    A complaint shall:
(i)    be in writing;
(ii)    be signed by the complainant; and
(iii)    state specifically the facts on which the complaint is based.
(2)    If a complaint is made by any person other than the Secretary, the complaint shall be made under oath by the person who submits the complaint.
(c)    (1)    On receipt of a complaint that alleges facts that are grounds for action under § 13-313 of this subtitle, the Secretary shall appoint an officer of the Department of State Police, with the rank of lieutenant or above, as the investigating officer for the complaint.
(2)    The investigating officer may assign responsibility for conducting the investigation to other members of the Department of State Police.
(d)    (1)    On conclusion of the investigation, the investigating officer shall determine whether there is a reasonable basis to believe that there are grounds for disciplinary action under § 13-313 of this subtitle.
(2)    If the investigating officer finds a reasonable basis as provided under paragraph (1) of this subsection, the Secretary shall act on the complaint as provided under § 13-315 of this subtitle.
2023 Maryland Statutes › Business Occupations and Professions › Title 13 - Private Detectives › Subtitle 3 - Private Detective Agency Licenses › Section 13-315 - Denials, Reprimands, Suspensions, and Revocations -- Hearing

(a)    Except as otherwise provided in § 10-226 of the State Government Article, before the Secretary takes any final action under § 13-313 of this subtitle, the Secretary shall give the person against whom the action is contemplated an opportunity for a hearing before the Secretary.
(b)    The Secretary shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.
(c)    The Secretary may administer oaths in connection with any proceeding under this section.
(d)    The hearing notice to be given to the person shall be written and sent at least 10 days before the hearing.
(e)    The person may be represented at the hearing by counsel.
(f)    If, after due notice, the person against whom the action is contemplated fails or refuses to appear, nevertheless the Secretary may hear and determine the matter.