reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Business Occupations and Professions › Title 19 - Security Guard Agencies and Security Guard Certification › Subtitle 3 - Security Guard Agency Licenses › Section 19-313 - Denial, Suspension, or Revocation of License -- Grounds

(a)    Subject to the hearing provisions of § 19-315 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 security guard;
(4)    while not licensed, solicits to engage in or willfully engages in a business providing security guard services in the State;
(5)    while not licensed, willfully advertises:
(i)    as a security guard agency; or
(ii)    the provision of security guard 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 § 19-504 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 19 - Security Guard Agencies and Security Guard Certification › Subtitle 3 - Security Guard Agency Licenses › Section 19-314 - Denial, Suspension, or Revocation of License -- Commencement of Proceedings; Investigation

(a)    Subject to this section, the Secretary shall commence proceedings under § 19-313 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 § 19-313 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 § 19-313 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 § 19-315 of this subtitle.
2023 Maryland Statutes › Business Occupations and Professions › Title 19 - Security Guard Agencies and Security Guard Certification › Subtitle 3 - Security Guard Agency Licenses › Section 19-315 - Denial, Suspension, or Revocation of License -- Hearings

(a)    Except as otherwise provided in § 10-226 of the State Government Article, before the Secretary takes any final action under § 19-313 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.
2023 Maryland Statutes › Business Occupations and Professions › Title 19 - Security Guard Agencies and Security Guard Certification › Subtitle 3 - Security Guard Agency Licenses › Section 19-316 - Denial, Suspension, or Revocation of License -- Surrender of License

(a)    Within 5 days after the Secretary suspends or revokes the license of a person, the person shall surrender to the Secretary the agency license certificate and each branch office certificate of the person.
(b)    The Secretary may not refund to a person whose license is suspended or revoked any fee paid under this title.
2023 Maryland Statutes › Business Occupations and Professions › Title 19 - Security Guard Agencies and Security Guard Certification › Subtitle 4 - Certification of Security Guards › Section 19-401 - Certification. [Effective Until June 1, 2024]

(a)    Except as provided under subsection (b) of this section, a licensed security guard agency may provide an individual for hire as a security guard only if the individual is certified by the Secretary as a security guard.
(b)    A licensed security guard agency may provide an uncertified individual for hire as a security guard if:
(1)    (i)    the security guard agency has submitted to the Secretary the application of the individual for certification as a security guard, fingerprint cards, and records fee as required under § 19–402(b) of this subtitle; and
(ii)    the Secretary has not disapproved the application; or
(2)    the individual has obtained and currently possesses certification by the Maryland Police Training and Standards Commission as a police officer.
2023 Maryland Statutes › Business Occupations and Professions › Title 19 - Security Guard Agencies and Security Guard Certification › Subtitle 4 - Certification of Security Guards › Section 19-402 - Qualifications and Requirements. [Effective Until June 1, 2024]

(a)    To qualify for certification as a security guard, an individual shall:
(1)    meet the standards set by the Secretary;
(2)    be an employee of or an applicant for employment with a licensed security guard agency;
(3)    be of good moral character and reputation;
(4)    submit to the licensed security guard agency, for forwarding to the Secretary:
(i)    a sworn application on the form the Secretary provides;
(ii)    the fingerprints required under § 19-304(c) of this title; and
(iii)    a nonrefundable application fee of $15; and
(5)    pay to the licensed security guard agency, for forwarding to the Secretary, the fees authorized under § 19-304(c) of this title.
(b)    On receipt from an applicant for certification as a security guard, a licensed security guard agency shall forward to the Secretary the applicant’s application form, fingerprint cards, and criminal history records check fees.
2023 Maryland Statutes › Business Occupations and Professions › Title 19 - Security Guard Agencies and Security Guard Certification › Subtitle 4 - Certification of Security Guards › Section 19-403 - Issuance of Certification; Written Notice of Denial

(a)    The Secretary shall certify as a security guard each individual whose application has been submitted as required by this subtitle and who meets the requirements of this subtitle.
(b)    Within 5 days after the Secretary denies the application of an individual for certification as a security guard, the Secretary shall send written notice of the denial to the licensed security guard agency that submitted the application.
2023 Maryland Statutes › Business Occupations and Professions › Title 19 - Security Guard Agencies and Security Guard Certification › Subtitle 4 - Certification of Security Guards › Section 19-404.1 - Certification Terms; Renewals. [Effective Until June 1, 2024]

(a)    By regulation, the Secretary shall stagger the terms of the certifications.
(b)    Unless a certification is renewed for a 3-year term as provided in this section, the certification expires on the date the Secretary sets.
(c)    At least 90 days before a certification expires, the applicant shall mail to the Secretary:
(1)    a renewal application form;
(2)    the amount of the renewal fee; and
(3)    the amount of any late fee, as determined by the Secretary.
(d)    An individual periodically may renew the certification for an additional 3-year term, if the individual:
(1)    otherwise is entitled to be certified;
(2)    pays to the Secretary:
(i)    a renewal fee of $10;
(ii)    payment for the cost of a fingerprint card record check by the Federal Bureau of Investigation; and
(iii)    any late fee required under this subtitle; and
(3)    submits to the Secretary a renewal application on the form that the Secretary provides.
(e)    (1)    Subject to paragraph (2) of this subsection, if a complete application for renewal of certification as required under this subtitle is not received by the Secretary on or before the first business day of the next calendar month immediately following the renewal date, the Secretary shall assess a late fee of $5 per day until the application is received by the Secretary.
(2)    (i)    The Secretary may not charge a late fee under paragraph (1) of this subsection if the applicant did not make timely renewal because of incapacity, hospitalization, being called to active military duty, or other hardship.
(ii)    The total amount of late fees assessed against an applicant under this subsection may not exceed $150.
(3)    The Secretary may not certify any applicant under this subtitle if the applicant has outstanding late fee obligations.
(f)    (1)    The Secretary shall renew the certification of each individual who meets the requirements of this section.
(2)    Within 5 days after the Secretary refuses to renew the certification of an individual as a security guard, the Secretary shall send written notice of the refusal to the individual who submitted the renewal application.
2023 Maryland Statutes › Business Occupations and Professions › Title 19 - Security Guard Agencies and Security Guard Certification › Subtitle 4 - Certification of Security Guards › Section 19-405 - Certification Card

(a)    The Secretary shall issue to each individual who is certified as a security guard under this subtitle a certification card that identifies the individual as a certified security guard.
(b)    (1)    Subject to this subsection, the Secretary shall determine the form and content of the certification card.
(2)    The certification card shall be of a size and made of materials appropriate for its intended use, as provided under § 19-406 of this subtitle.
(3)    The certification card shall contain:
(i)    a statement that in substance specifies that the individual is certified by the Secretary as a security guard;
(ii)    any information that the Secretary considers appropriate to:
1.    identify the individual; or
2.    specify the authority of the individual; and
(iii)    the date on which the certification expires.
2023 Maryland Statutes › Business Occupations and Professions › Title 19 - Security Guard Agencies and Security Guard Certification › Subtitle 4 - Certification of Security Guards › Section 19-406 - Possession of Certification Card

(a)    At any time that a certified security guard provides a security guard service, the security guard shall carry the certification card issued under § 19-405 of this subtitle.
(b)    On request of a law enforcement officer, a certified security guard shall show the security guard’s certification card.
2023 Maryland Statutes › Business Occupations and Professions › Title 19 - Security Guard Agencies and Security Guard Certification › Subtitle 4 - Certification of Security Guards › Section 19-407 - Badge; Clearance Card. [Effective Until June 1, 2024]

(a)    Whenever a security guard is in uniform, the security guard may wear a badge that is:
(1)    of a design approved by the Secretary; and
(2)    issued by the licensed security guard agency that employs the security guard.
(b)    Whenever a security guard is in uniform, the security guard shall clearly display and wear the clearance card issued by the Secretary which identifies the security guard.
2023 Maryland Statutes › Business Occupations and Professions › Title 19 - Security Guard Agencies and Security Guard Certification › Subtitle 4 - Certification of Security Guards › Section 19-408 - Denials, Reprimands, Suspensions, and Revocations -- Grounds. [Effective Until June 1, 2024]

Subject to the hearing provisions of § 19-410 of this subtitle, the Secretary may deny certification as a security guard to any applicant, reprimand or fine any individual certified as a security guard, or suspend, revoke, or refuse to renew the certification of an individual:
(1)    for any applicable ground under § 19-313 of this title;
(2)    if the applicant or individual fraudulently or deceptively obtains or attempts to obtain certification as a security guard for the applicant or individual or for another;
(3)    if the applicant or individual fails to maintain the standards set by the Secretary for certification as a security guard; or
(4)    if, under the laws of the United States or of any state, the applicant or individual pleads guilty or nolo contendere to or is convicted of:
(i)    a felony; or
(ii)    a misdemeanor that is directly related to the fitness and qualification of the applicant or individual to be certified as a security guard.
2023 Maryland Statutes › Business Occupations and Professions › Title 19 - Security Guard Agencies and Security Guard Certification › Subtitle 4 - Certification of Security Guards › Section 19-409 - Denials, Reprimands, Suspensions, and Revocations -- Commencement of Proceedings

(a)    Subject to this section, the Secretary shall commence proceedings under § 19-408 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 § 19-408 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 § 19-408 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 § 19-410 of this subtitle.
2023 Maryland Statutes › Business Occupations and Professions › Title 19 - Security Guard Agencies and Security Guard Certification › Subtitle 4 - Certification of Security Guards › Section 19-410 - Denials, Reprimands, Suspensions, and Revocations -- Hearings

(a)    Except as otherwise provided in § 10-226 of the State Government Article, before the Secretary takes any final action under § 19-408 of this subtitle, the Secretary shall give the individual 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 individual shall be written and sent at least 10 days before the hearing.
(e)    The individual may be represented at the hearing by counsel.
(f)    If, after due notice, the individual against whom the action is contemplated fails or refuses to appear, nevertheless the Secretary may hear and determine the matter.
2023 Maryland Statutes › Business Occupations and Professions › Title 19 - Security Guard Agencies and Security Guard Certification › Subtitle 4 - Certification of Security Guards › Section 19-411 - Denials, Reprimands, Suspensions, and Revocations -- Surrender of Certification Card

Within 5 days after the Secretary suspends or revokes the certification of an individual as security guard, the individual shall surrender to the Secretary the certification card of the individual.
2023 Maryland Statutes › Business Occupations and Professions › Title 19 - Security Guard Agencies and Security Guard Certification › Subtitle 5 - Miscellaneous Provisions › Section 19-502 - Supervision of Security Guard Agency; Appointment of Representative Member

(a)    The offices of each security guard agency shall be supervised by an individual who:
(1)    (i)    holds, as an individual, the license of the security guard agency; or
(ii)    is the representative member of the security guard agency appointed under § 19-302(b) of this title; and
(2)    has been investigated and approved by the Secretary under this title.
(b)    If a security guard agency is a firm, the agency shall notify the Secretary about:
(1)    the identity of the individual serving as the representative member of the agency; and
(2)    each vacancy in that position.
(c)    (1)    Except as provided in paragraph (2) of this subsection, a security guard agency shall appoint a representative member within 90 days after a vacancy occurs in the position.
(2)    If the vacancy is caused by the death of or an incapacitating injury to the representative member, the security guard agency shall appoint a replacement within 180 days after the vacancy occurs.
(d)    If a licensed security guard agency fails to appoint a representative member as required under subsection (c) of this section, the license of the security guard agency:
(1)    is suspended automatically; and
(2)    shall remain suspended until the agency complies with the requirements.
(e)    The Secretary may adopt regulations to carry out this section.
2023 Maryland Statutes › Business Occupations and Professions › Title 19 - Security Guard Agencies and Security Guard Certification › Subtitle 5 - Miscellaneous Provisions › Section 19-504 - Liability Insurance. [Effective Until June 1, 2024]

(a)    A security guard agency that employs five or more individuals as security guards shall:
(1)    maintain commercial general liability insurance, including errors and omissions and completed operations with a $1,000,000 total aggregate minimum; and
(2)    submit proof of the required insurance to the Secretary.
(b)    (1)    If an applicant for a license intends to employ five or more individuals as security guards, the applicant shall submit proof of the liability insurance required under subsection (a) of this section to the Secretary with the license application.
(2)    The Secretary may not issue a license to an applicant to whom the insurance requirements of this section would apply unless the applicant submits proof of the insurance.
(c)    If the insurance required for a security guard agency under this section is canceled, forfeited, or otherwise terminated, both the security guard agency and the insurer shall notify the Secretary.
(d)    If a security guard agency fails to maintain the liability insurance required under this section, the license of the security guard agency:
(1)    is suspended automatically;
(2)    shall remain suspended until the agency complies with the requirements; and
(3)    may not be reinstated until the agency submits proof of the required insurance to the Secretary.
2023 Maryland Statutes › Business Occupations and Professions › Title 19 - Security Guard Agencies and Security Guard Certification › Subtitle 5 - Miscellaneous Provisions › Section 19-505 - Consent

(a)    A nonresident applicant for a license shall submit to the Secretary of State a consent, as provided under this section.
(b)    The consent required under this section shall:
(1)    specify that service of process on the Secretary of State shall bind the applicant in any action, suit, or proceeding brought against the applicant;
(2)    specify that an action, suit, or proceeding may be brought against the applicant in any county where:
(i)    the cause of action arose; or
(ii)    the plaintiff resides; and
(3)    be signed by the representative member of the applicant.
(c)    In addition to submitting a consent, a nonresident applicant shall submit to the Secretary of State a certified copy of a resolution adopted by the firm that confirms that the firm members, board of directors, or other managing board of the firm authorized the representative member to execute and submit the consent on behalf of the firm.
(d)    An applicant who is required under this section to submit a consent or a consent and authorization to the Secretary of State shall submit copies of the signed documents to the Secretary.
(e)    The Secretary may not issue a license to a nonresident applicant, unless the nonresident applicant complies with the requirements of subsections (a) through (d) of this section.
(f)    (1)    Subject to paragraph (2) of this subsection, service of process on the Secretary of State binds a person who has submitted a consent to the Secretary of State, as required under this section.
(2)    If service of process is made on the Secretary of State as authorized under this section, the person initiating the action, suit, or proceeding immediately shall send a copy, by certified mail, return receipt requested, to the principal office in the State of the person against whom the action, suit, or proceeding is directed.
(3)    As to any person who submits a consent as required under this section, any action, suit, or proceeding may be brought in any county where:
(i)    the cause of action arose; or
(ii)    the plaintiff resides.
2023 Maryland Statutes › Business Occupations and Professions › Title 19 - Security Guard Agencies and Security Guard Certification › Subtitle 5 - Miscellaneous Provisions › Section 19-506 - Information Obtained While Providing Services

(a)    A security guard agency may not divulge information obtained while providing services unless:
(1)    directed by the client for whom the services are provided;
(2)    authorized by subsection (b) of this section; or
(3)    required by law.
(b)    If, while providing services, a security guard agency obtains any information about a criminal offense, the agency may divulge the information to:
(1)    a law enforcement officer;
(2)    the Attorney General or a representative of the Attorney General; or
(3)    a State’s Attorney or a representative of a State’s Attorney.
(c)    Except as provided in subsection (d) of this section, an individual who is employed by a security guard agency may not divulge to anyone other than to authorized staff of the agency any information that:
(1)    was acquired by the employee or other agency staff while providing services for the agency; and
(2)    relates to the assignment in which services are provided.
(d)    An employee of a security guard agency may divulge information that is restricted under subsection (c) of this section:
(1)    as directed by the security guard agency; or
(2)    on a request made by the Secretary in the course of an investigation by the Secretary.
2023 Maryland Statutes › Business Occupations and Professions › Title 19 - Security Guard Agencies and Security Guard Certification › Subtitle 5 - Miscellaneous Provisions › Section 19-507 - Agency Equipment

(a)    In this section, “agency equipment” means a badge, clothing, or other equipment that:
(1)    belongs to a security guard agency; and
(2)    bears the name, trade name, or trademark of the security guard agency.
(b)    If a security guard agency issues agency equipment for use by an individual who is associated with or employed by the agency, the individual shall return the agency equipment to the agency within 10 days after:
(1)    the termination of the individual’s association or employment with the agency; or
(2)    the written request of an authorized representative of the agency.
2023 Maryland Statutes › Business Occupations and Professions › Title 19 - Security Guard Agencies and Security Guard Certification › Subtitle 6 - Prohibited Acts; Penalties › Section 19-601 - Providing Security Guards for Hire Without License

A person may not engage in, attempt to engage in, offer to engage in, or solicit to engage in the business of providing security guards for hire in the State unless licensed as a security guard agency by the Secretary.
2023 Maryland Statutes › Business Occupations and Professions › Title 19 - Security Guard Agencies and Security Guard Certification › Subtitle 6 - Prohibited Acts; Penalties › Section 19-602 - Misrepresentation

(a)    Unless authorized under this title to engage in business for the purpose of providing security guard services, a person may not represent to the public, by use of a title, including “licensed security guard agency”, “security guard agency”, or “security guards”, by description of services, methods, or procedures, or otherwise, that the person is authorized to engage in the business of providing security guard services in the State.
(b)    Unless an individual is certified as a security guard under this title, the individual may not represent to the public, by use of a title, including “certified security guard”, or by use of a badge or identification card, that the individual is certified as a security guard under this title.
2023 Maryland Statutes › Business Occupations and Professions › Title 19 - Security Guard Agencies and Security Guard Certification › Subtitle 6 - Prohibited Acts; Penalties › Section 19-603 - Restrictions on Use of Badge or Certification Card

(a)    Except as authorized under this title, a security guard agency may not provide any person with a badge or a certification card or other document indicating that any individual is a security guard.
(b)    A certified security guard may not lend the security guard’s certification card or badge to another person or allow another person to use or display the card or badge.
(c)    Regardless of any association that an individual may have with a security guard agency, unless authorized under this title, the individual may not wear or carry a badge that:
(1)    represents that the individual is a security guard; or
(2)    otherwise represents that the individual is associated with a security guard agency.
2023 Maryland Statutes › Business Occupations and Professions › Title 19 - Security Guard Agencies and Security Guard Certification › Subtitle 6 - Prohibited Acts; Penalties › Section 19-604 - Display of Agency License Certificate or Branch Office Certificate; Alteration, Defacement, or Destruction

(a)    (1)    A licensee may not display or allow to be displayed the agency license certificate at any location other than the principal office of the licensee, as specified in the certificate.
(2)    A licensee may not display or allow to be displayed a branch office certificate at any location other than the branch office specified in the certificate.
(b)    A licensee may not knowingly alter, deface, or destroy or knowingly allow the alteration, defacement, or destruction of an agency license certificate or branch office certificate.
2023 Maryland Statutes › Business Occupations and Professions › Title 19 - Security Guard Agencies and Security Guard Certification › Subtitle 6 - Prohibited Acts; Penalties › Section 19-607 - Penalties

(a)    A person who violates any provision of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.
(b)    The fines assessed under §§ 19-313 and 19-408 of this title may not exceed $5,000 per violation, or a maximum aggregate of $10,000 for a 2-year license term, and shall be paid to the Secretary within 10 days after final adjudication of any hearing or upon the waiver of any hearing.
(c)    Notwithstanding the provisions of §§ 19-313 and 19-408 of this title, the Secretary may fine either the licensed agency or the individual working on behalf of the licensed agency, but not both, for the same violation.
2023 Maryland Statutes › Business Occupations and Professions › Title 20 - Private Home Detention › Subtitle 1 - Definitions › Section 20-101 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    “License” means a license issued by the Secretary to operate a business that provides monitoring services for a fee to individuals who are under a court order that requires monitoring by a private home detention monitoring agency.
(c)    “Licensed private home detention monitoring agency” means a person who is licensed by the Secretary to conduct a business that provides monitoring services for a fee to individuals who are under a court order that requires monitoring by a private home detention monitoring agency.
(d)    “Private home detention monitor” means an employee of a licensed private home detention monitoring agency who personally monitors individuals who are under a court order that requires monitoring by a private home detention monitoring agency.
(e)    “Private home detention monitoring agency” means a person who conducts a business that provides monitoring services for a fee to individuals who are under a court order that requires monitoring by a private home detention monitoring agency.
(f)    “Secretary” means the Secretary of Public Safety and Correctional Services.
2023 Maryland Statutes › Business Occupations and Professions › Title 20 - Private Home Detention › Subtitle 2 - Duties of Secretary › Section 20-201 - Duties

(a)    In addition to any duties set forth elsewhere, the Secretary shall adopt and enforce regulations to carry out this title, including regulations that establish:
(1)    minimum standards for electronic equipment capable of monitoring 24 hours per day individuals who are under a court order that requires monitoring by a private home detention monitoring agency;
(2)    minimum training and experience requirements for a private home detention monitoring agency licensee and for a private home detention monitor; and
(3)    the minimum number of private home detention monitors that shall be on duty in relation to the number of defendants being monitored.
(b)    The Secretary shall:
(1)    maintain a roster of licensed private home detention monitoring agencies that includes:
(i)    a telephone number at which a person who operates a licensed private home detention monitoring agency can be reached during normal business hours; and
(ii)    a telephone or pager number at which a person who operates a licensed private home detention monitoring agency can be reached during nonbusiness hours;
(2)    annually disseminate the roster of licensed private home detention monitoring agencies to:
(i)    the administrative judge for the District Court in each district;
(ii)    the administrative judge for the circuit court in each county; and
(iii)    the Administrative Office of the Courts; and
(3)    notify the agencies listed in paragraph (2) of this subsection when the license of a private home detention monitoring agency is suspended or revoked.
2023 Maryland Statutes › Business Occupations and Professions › Title 20 - Private Home Detention › Subtitle 3 - Licensing › Section 20-302 - Requirements

(a)    To qualify for a license, an applicant shall meet the requirements of this section.
(b)    The applicant and anyone the applicant employs as a private home detention monitor shall be of good character and reputation.
(c)    The applicant and all individuals employed as private home detention monitors shall satisfy the minimum training and experience requirements provided in regulations adopted by the Secretary.
2023 Maryland Statutes › Business Occupations and Professions › Title 20 - Private Home Detention › Subtitle 3 - Licensing › Section 20-303 - Application and Fee

(a)    (1)    An applicant for a license shall submit to the Secretary:
(i)    an application on the form that the Secretary provides; and
(ii)    an application fee of $500.
(2)    The application fee is nonrefundable.
(b)    (1)    The application form provided by the Secretary shall contain a statement advising the applicant that willfully making a false statement on an application is a misdemeanor, subject to a fine or imprisonment or both, as provided under § 20-701 of this title.
(2)    The applicant shall sign the application under oath.
(c)    In addition to any other information that the Secretary requires, the applicant shall provide:
(1)    the name, date of birth, and residence address of the applicant;
(2)    the address of the applicant’s proposed principal place of business and of each proposed branch office;
(3)    a telephone number at which the applicant can be reached during normal business hours;
(4)    a telephone or pager number that can be used to reach the applicant during nonbusiness hours; and
(5)    the name and permanent address of each individual the applicant intends to employ as a private home detention monitor.
(d)    An applicant for a license shall submit with the application form:
(1)    a bond in accordance with the requirements of § 20-601 of this title; and
(2)    proof of liability insurance, as required under § 20-602 of this title.
2023 Maryland Statutes › Business Occupations and Professions › Title 20 - Private Home Detention › Subtitle 3 - Licensing › Section 20-304 - Work as Monitor

Before an individual may begin working as a private home detention monitor:
(1)    the private home detention monitoring agency shall submit to the Secretary, on the form that the Secretary provides, the name of the individual; and
(2)    the individual shall apply for State and national criminal history records checks under § 20-305 of this subtitle.
2023 Maryland Statutes › Business Occupations and Professions › Title 20 - Private Home Detention › Subtitle 3 - Licensing › Section 20-305 - Criminal History Records Checks

(a)    In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.
(b)    An applicant for a license under this title and an individual whose name must be submitted under § 20-303(c)(5) of this subtitle shall apply to the Central Repository for State and national criminal history records checks on a form approved by the Director of the Central Repository.
(c)    For each individual applying for State and national criminal history records checks under subsection (b) of this section, the Central Repository shall:
(1)    notify the Secretary of the receipt of the application for State and national criminal history records checks;
(2)    process the State and national criminal history records checks and forward to the Secretary and the individual a printed statement listing the finding of a felony conviction; and
(3)    process an update of the initial State criminal history records check and forward to the Secretary a revised printed statement listing the finding of a felony conviction for an offense occurring in the State after the date of the initial criminal history records check.
(d)    An individual applying for State and national criminal history records checks shall submit to the Central Repository:
(1)    a complete set of legible fingerprints taken at any designated State or local law enforcement office in the State or other location approved by the Secretary;
(2)    the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check; and
(3)    the fee authorized under § 10-221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records.
(e)    A private home detention monitoring agency or an applicant for a license to operate a private home detention monitoring agency may pay the fees required in subsection (d) of this section for an individual it intends to employ as a private home detention monitor.
(f)    Information obtained by the Secretary under this section shall be confidential and may not:
(1)    be used for any purpose other than that for which it was disseminated; and
(2)    be redisseminated.
2023 Maryland Statutes › Business Occupations and Professions › Title 20 - Private Home Detention › Subtitle 3 - Licensing › Section 20-306 - Contesting Finding of Felony Conviction

(a)    This section applies to an individual required to apply for State and national criminal history records checks under this subtitle.
(b)    An individual may contest the finding of a felony conviction reported in a printed statement issued by the Department as provided in this section.
(c)    (1)    In contesting the finding of a felony conviction, the individual shall contact the office of the Secretary, or a designee of the Secretary, and a hearing shall be convened within 20 workdays, unless subsequently waived by the individual.
(2)    The Secretary, or a designee of the Secretary, shall render a decision regarding the appeal within 5 workdays after the hearing.
(d)    For the purposes of this subtitle, the record of a felony conviction or a copy of the record certified by the clerk of the court or by a judge of the court in which the conviction occurred shall be conclusive evidence of the conviction.
(e)    Failure of the individual to appear at the scheduled hearing shall be considered grounds for dismissal of the appeal.
2023 Maryland Statutes › Business Occupations and Professions › Title 20 - Private Home Detention › Subtitle 3 - Licensing › Section 20-307 - Issuance of License and Certificate

(a)    (1)    The Secretary shall issue a license to each applicant who satisfies the requirements of this title and any regulations adopted under this title.
(2)    (i)    The Secretary shall issue a private home detention monitoring agency license certificate to each licensed agency.
(ii)    For each additional office the private detention monitoring agency proposes to operate, the Secretary shall issue a branch office certificate.
(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 private home detention monitoring agency and of each branch office, if any;
(iii)    the date of issuance of the license; and
(iv)    the date on which the license expires.
(2)    The Secretary shall include on a 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; and
(iv)    the date on which the license of the licensee expires.
2023 Maryland Statutes › Business Occupations and Professions › Title 20 - Private Home Detention › Subtitle 3 - Licensing › Section 20-308 - Authority of Licensee

While a license is in effect, it authorizes the licensee to:
(1)    operate, in accordance with applicable laws and regulations, a business that provides monitoring services for a fee to individuals who are under a court order that requires monitoring by a private home detention monitoring agency; and
(2)    employ qualified individuals to work as private home detention monitors on behalf of the licensee.
2023 Maryland Statutes › Business Occupations and Professions › Title 20 - Private Home Detention › Subtitle 3 - Licensing › Section 20-309 - Expiration and Renewal of License

(a)    Unless a license is renewed for a 2-year term as provided in this section, the license expires on the date set by the Secretary.
(b)    At least 2 months 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)    the amount of the renewal fee; and
(iii)    that the submission of a false statement in the renewal application or in the annual statements is cause for revocation of the license.
(c)    The Secretary shall renew the license of each licensee who satisfies the requirements of this title and any regulations adopted under this title.
2023 Maryland Statutes › Business Occupations and Professions › Title 20 - Private Home Detention › Subtitle 3 - Licensing › Section 20-310 - Documentation for Renewal

(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 home detention monitoring agency has paid, for the past 2 years, all withholding and Social Security taxes;
(2)    a certification or, as authorized by the Secretary, other documentation that the licensed private home detention monitoring agency has paid, for the past 2 years, all other obligations employers are required to pay on behalf of their employees to the State or federal government;
(3)    a certificate of compliance issued by the State Workers’ Compensation Commission, or the number of a workers’ compensation insurance policy or binder as provided by § 9-105 of the Labor and Employment Article;
(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 home detention monitoring agency has been paid for the past 2 years;
(5)    (i)    a bond in accordance with the requirements of § 20-601 of this title; and
(ii)    proof of liability insurance, as required under § 20-602 of this title; and
(6)    a renewal fee of $100.
(b)    If the Secretary does not receive the documents required under subsection (a) of this section at least 21 days before the current license expires, the Secretary may 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 20 - Private Home Detention › Subtitle 3 - Licensing › Section 20-311 - State Office of Licensee

(a)    A licensee shall maintain an office in the State.
(b)    A 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 individuals monitored by the licensee.
2023 Maryland Statutes › Business Occupations and Professions › Title 20 - Private Home Detention › Subtitle 3 - Licensing › Section 20-312 - Additional Branch Office or Change of Address

(a)    Within 21 days after the change, a licensee shall submit to the Secretary written notice of:
(1)    the addition of a branch office; and
(2)    a change in the address of the private home detention monitoring agency or branch office.
(b)    The licensee shall submit with the notice:
(1)    a photocopy of the agency license certificate; and
(2)    if the proposed change affects an existing branch office, a photocopy of the branch office certificate for that office.
(c)    The Secretary shall issue a new agency license certificate and, if applicable, a new branch office certificate, both of which shall set forth the same expiration date as the original agency license certificate.
2023 Maryland Statutes › Business Occupations and Professions › Title 20 - Private Home Detention › Subtitle 3 - Licensing › Section 20-313 - Required Certificates on Premises

(a)    Each licensee shall have on the premises at all times:
(1)    the agency license certificate in the office of the private home detention monitoring agency; and
(2)    the branch office certificate 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 20 - Private Home Detention › Subtitle 3 - Licensing › Section 20-314 - Denial, Suspension, or Revocation of License; Reprimand

(a)    Subject to the hearing provisions of § 20-316 of this subtitle, the Secretary may deny a license to any applicant, reprimand any licensee, 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)    while not licensed, willfully engages in a business providing private home detention monitoring services in the State;
(4)    while not licensed, willfully advertises as a private home detention monitoring agency;
(5)    willfully makes a false statement or misrepresentation that an individual is or was in the employ of the applicant or licensee;
(6)    has a felony conviction;
(7)    knowingly employs or knowingly continues to employ a private home detention monitor after being notified by the Secretary that the individual has a felony conviction;
(8)    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;
(9)    fails to notify the Secretary about any change in the address of the private home detention monitoring agency or any branch office of a licensee;
(10)    fails to maintain a bond as required by § 20-601 of this title;
(11)    fails to maintain the liability insurance required under § 20-602 of this title;
(12)    violates any other provision of this title; or
(13)    violates a regulation adopted under 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 20 - Private Home Detention › Subtitle 3 - Licensing › Section 20-315 - Complaint and Investigation

(a)    (1)    Subject to this section, the Secretary shall commence proceedings under § 20-316 of this subtitle on the Secretary’s own complaint or on a complaint made to the Secretary by any person.
(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.
(3)    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.
(b)    On receipt of a complaint that alleges facts that are grounds for action under § 20-314 of this subtitle, the Secretary shall assign an employee to investigate the complaint.
(c)    (1)    On conclusion of the investigation, the employee who conducted the investigation shall determine whether there is a reasonable basis to believe that there are grounds for disciplinary action under § 20-314 of this subtitle.
(2)    If the employee who conducted the investigation finds a reasonable basis as provided under paragraph (1) of this subsection, the Secretary shall act on the complaint as provided under § 20-316 of this subtitle.