Maryland - TITLE 18. SECURITY SYSTEMS TECHNICIANS
SUBTITLE 3. LICENSING
Md. BUSINESS OCCUPATIONS AND PROFESSIONS Code Ann. § 18-301 (2006)
§ 18-301. License required; exceptions
Except as otherwise provided in this title, a person may not engage, or solicit
to engage, in the business of providing security systems services in the State
unless the person obtains a license and meets the requirements of § 18-401 of
this title.
Md. BUSINESS OCCUPATIONS AND PROFESSIONS Code Ann. § 18-302 (2006)
§ 18-302. Qualifications of applicants
(a) Application by a firm. -- If the applicant for a license is a firm, the firm
shall appoint a firm member as the representative member to make the application
on behalf of the firm.
(b) Requirements -- individuals. -- To qualify for a license, if an applicant is
an individual, an applicant shall:
(1) be at least 18 years old; and
(2) be of good moral character.
(c) Requirements -- Firms. -- To qualify for a license, if the applicant is a
firm, each firm member shall be:
(1) at least 18 years old; and
(2) of good moral character.
(d) Other requirements. -- The applicant shall meet any other requirements that
the Secretary establishes for license applicants.
Md. BUSINESS OCCUPATIONS AND PROFESSIONS Code Ann. § 18-303 (2006)
§ 18-303. Applications for licenses
(a) In general. -- An applicant for a license shall:
(1) submit to the Secretary an application on the form that the Secretary
provides;
(2) submit the documents required by this section; and
(3) pay to the Secretary an application fee of $ 150 which shall include the
cost of the Maryland and national criminal records check.
(b) Contents of application form. -- 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 § 18-504 of this title.
(c) Representative member of firm. -- If the applicant is a firm, the
representative member shall complete the application form and otherwise be
responsible for the firm's compliance with this section.
(d) Recommendations. --
(1) The application shall be accompanied by at least two written recommendations
for the applicant.
(2) Each recommendation shall be signed, under oath, by a reputable citizen of
the State.
(e) Fingerprints. --
(1) An applicant for a license shall submit with the application a set of
legible fingerprints of the applicant on a form approved by the Criminal Justice
Information System Central Repository and the Director of the Federal Bureau of
Investigation.
(2) If the applicant is a firm, the applicant shall pay the cost of the
fingerprint card records check for each firm member.
(f) Bond. -- An applicant for a license shall submit with the application a copy
of a bond or proof of insurance in accordance with the requirements of § 18-401
of this title.
(g) Waiver of requirements. -- The Secretary may waive the requirements of
subsections (a)(2) and (3), (d), and (e) of this section and issue a license to
an applicant who:
(1) provides adequate evidence that the applicant:
(i) is licensed to engage in the business of providing security systems services
in another state; and
(ii) became licensed in the other state:
1. after meeting qualifications that are at least equivalent to those required
in this State; and
2. after submitting to a State and national criminal records check; and
(2) pays to the Secretary a processing fee of $ 150.
Md. BUSINESS OCCUPATIONS AND PROFESSIONS Code Ann. § 18-306 (2006)
§ 18-306. Scope of license
(a) Authorization to conduct business. -- While a license is in effect, it
authorizes the licensee to engage in the business of providing security systems
services.
(b) Qualification as a security systems agency. -- An individual or a firm may
qualify for a license as a security systems agency.
Md. BUSINESS OCCUPATIONS AND PROFESSIONS Code Ann. § 18-307 (2006)
§ 18-307. Term and renewal of license
(a) Term of license. -- By regulation, the Secretary shall stagger the terms of
the licenses.
(b) Expiration. -- Unless a license is renewed for a 3-year term as provided in
this section, the license expires on the date the Secretary sets.
(c) Renewal notice. -- At least 1 month before a license expires, the Secretary
shall mail to the agency, at the last known address of the agency:
(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 proof of
insurance or bonding as required in § 18-401 of this title 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 complete renewal application and proof of insurance or bonding
as required in § 18-401 of this title are not received at least 15 days before
the license expiration date, a fee of $ 25 per day shall be charged against the
agency until the day the license expires, at which time the agency shall be
considered closed;
(v) that an agency may not be issued a license under this title until all
outstanding obligations are satisfied with the Secretary; and
(vi) that the submission of a false statement in the renewal application or the
submission of altered or false documents that are otherwise required is cause
for revocation of the agency license.
(d) Renewal requirements. -- An agency periodically may renew the license for an
additional 3-year term, if the license holder:
(1) otherwise is entitled to be licensed;
(2) pays to the Secretary:
(i) a renewal fee of $ 100;
(ii) the fee authorized under § 10-221(b)(7) of the Criminal Procedure Article
for access to Maryland criminal history records;
(iii) the mandatory processing fee required by the Federal Bureau of
Investigation for a national criminal history records check; and
(iv) any late fee required under this subtitle; and
(3) submits to the Secretary:
(i) a renewal application on the form the Secretary provides;
(ii) two complete sets of the applicant's legible fingerprints taken on forms
approved by the Director of the Central Repository and the Director of the
Federal Bureau of Investigation; and
(iii) satisfactory evidence of compliance with any other requirements under this
section for renewal of registration.
(e) Criminal history. -- In accordance with §§ 10-201 through 10-235 of the
Criminal Procedure Article, the Central Repository shall forward to the
applicant and the Department of State Police a printed statement of the
applicant's criminal history records information.
(f) Waiver of criminal history by Secretary. -- The Secretary may waive the
national criminal history records check required under subsection (d) of this
section for an applicant who was issued a license under § 18-303(g) of this
subtitle if the applicant pays to the Secretary a processing fee of $ 100.
(g) Criminal history not complete -- Temporary license. -- If the renewal
application was submitted as required in subsection (d) of this section and the
national criminal history records check required under this section is not
completed before the licensee's license expires, the Secretary shall allow the
licensee to operate in a temporary license status if the licensee otherwise
meets the requirements of this section.
(h) Temporary license -- Condition. -- A licensee may operate in a temporary
license status at the time of renewal only if the renewal application and all
required documents and fees were submitted by the expiration date of the
license.
(i) Expiration of temporary license. -- The temporary license status shall
expire at the earlier of:
(1) the completion of the national criminal history records check of the
applicant; or
(2) the renewal or denial of the license.
(j) Renewal by Secretary. -- The Secretary shall renew the license of each
applicant who meets the requirements of this section.
Md. BUSINESS OCCUPATIONS AND PROFESSIONS Code Ann. § 18-3A-01 (2006)
§ 18-3A-01. Registration required
Except as otherwise provided in this title:
(1) an individual may not personally provide security systems services unless
the individual is registered as a security systems technician;
(2) a person licensed under this title may not employ or contract with an
individual with access to circumventional information unless the individual is
registered as required under this subtitle;
(3) neither a licensee nor a registrant may provide access to circumventional
information to an individual who is not registered under this subtitle; and
(4) an employee of a person licensed under this title may not obtain access to
circumventional information unless the employee is registered as an individual
with access to circumventional information.
Md. BUSINESS OCCUPATIONS AND PROFESSIONS Code Ann. § 18-3A-03 (2006)
§ 18-3A-03. Applications for registration
(a) In general. -- An applicant for registration shall:
(1) submit to the Secretary an application on the form that the Secretary
provides;
(2) submit the documents required by this section; and
(3) pay to the Secretary:
(i) an application fee that is the higher of $ 15 or an amount the Secretary
determines based on actual processing costs; and
(ii) the cost of any background checks.
(b) Contents of application form. -- 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 § 18-504 of this title.
(c) Fingerprints. -- An applicant for registration shall submit with the
application a set of legible fingerprints of the applicant on forms approved by
the Criminal Justice Information System Central Repository and the Director of
the Federal Bureau of Investigation.
(d) Waiver of requirements. -- The Secretary may waive the requirements of this
section and register an applicant who:
(1) provides adequate evidence that the applicant:
(i) is licensed in another state to engage in the business of providing security
systems services or registered in another state as a security systems technician
or other individual who has access to circumventional information; and
(ii) became licensed or registered in the other state:
1. after meeting qualifications that are at least equivalent to those required
in this State; and
2. after submitting to a State and national criminal records check; and
(2) pays to the Secretary a processing fee that is the higher of $ 15 or an
amount the Secretary determines based on actual processing costs.
(e) Minors in apprenticeship programs. -- A minor in an apprenticeship program
approved by the Department of Labor, Licensing, and Regulation or a cooperative
education program established under § 18-3A-02 of this subtitle is not required
to meet the criminal background check and fingerprint requirements of this
section.
Md. BUSINESS OCCUPATIONS AND PROFESSIONS Code Ann. § 18-3A-06 (2006)
§ 18-3A-06. Scope of registration
(a) Authorization to conduct business. -- While an individual is registered as a
security systems technician and employed by or under contract with a security
systems agency licensed under this title, the individual is authorized to
personally provide security systems services.
(b) Authorization to access circumventional information. -- While an individual
is registered as a security systems technician and employed by or under contract
with a security systems agency licensed under this title, the individual is
authorized to have access to circumventional information.
Md. BUSINESS OCCUPATIONS AND PROFESSIONS Code Ann. § 18-3A-07 (2006)
§ 18-3A-07. Term and renewal of registration
(a) Term of registration. -- By regulation, the Secretary shall stagger the
terms of the registrations under this subtitle.
(b) Expiration. -- Unless a registration is renewed for a 3-year term as
provided in this section, the registration expires on the date the Secretary
sets.
(c) Renewal. -- At least 90 days before a registration expires, the applicant
shall deliver 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) Renewal requirements. -- An individual periodically may renew a registration
for an additional 3-year term if the individual:
(1) otherwise is entitled to be registered;
(2) pays to the Secretary:
(i) a renewal fee that is the higher of $ 15 or an amount which the Secretary
determines based on the actual processing costs;
(ii) the fee authorized under § 10-221(b)(7) of the Criminal Procedure Article
for access to Maryland criminal history records;
(iii) the mandatory processing fee required by the Federal Bureau of
Investigation for a national criminal history records check; and
(iv) any late fee required under this subtitle; and
(3) submits to the Secretary:
(i) a renewal application on the form the Secretary provides;
(ii) two complete sets of the applicant's legible fingerprints taken on forms
approved by the Director of the Central Repository and the Director of the
Federal Bureau of Investigation; and
(iii) satisfactory evidence of compliance with any other requirements under this
section for renewal of registration.
(e) Criminal history. -- In accordance with §§ 10-201 through 10-235 of the
Criminal Procedure Article, the Central Repository shall forward to the
applicant and the Department of State Police a printed statement of the
applicant's criminal history records information.
(f) Late fee. --
(1) Subject to paragraph (2) of this subsection, if a complete application for
renewal of registration as required under this subtitle is not received by the
Secretary at least 30 calendar days before the certification expires, the
Secretary shall assess a late fee of $ 5 per day until the application is
received by the Secretary.
(2) The total amount of late fees assessed under this subsection may not exceed
$ 150.
(3) The Secretary may not register any applicant under this title if the
applicant has outstanding late fee obligations.
(g) Waiver of criminal history by Secretary. -- The Secretary may waive the
national criminal history records check required under subsection (d) of this
section for an applicant who was registered under § 18-3A-03 of this subtitle if
the applicant pays to the Secretary a processing fee of $ 15.
(h) Criminal history not complete -- Temporary registration. -- If the renewal
application was submitted as required under this section and the national
criminal history records check required under this section is not completed
before a registration expires, the Secretary shall allow the applicant to
operate in a temporary registration status if the applicant otherwise meets the
requirements of this section.
(i) Expiration of temporary registration. -- The temporary registration status
shall expire at the earlier of:
(1) the completion of the national criminal history records check of the
applicant; or
(2) the renewal or denial of the registration.
(j) Renewal -- Refusal by Secretary. --
(1) The Secretary shall renew the registration of each individual who meets the
requirements of this section.
(2) Within 5 days after the Secretary refuses to renew the registration of an
individual under this title, the Secretary shall send written notice of the
refusal to the individual who submitted the renewal application.
Md. BUSINESS OCCUPATIONS AND PROFESSIONS Code Ann. § 18-401 (2006)
§ 18-401. Other license requirements
(a) Fidelity bond or general liability insurance required; office in State
required; record inspection. -- In order to obtain a license, an applicant
shall:
(1) (i) execute a fidelity bond as provided in subsection (c) of this section;
or
(ii) maintain general liability insurance as provided in subsection (d) of this
section; and
(2) maintain in an office in the State, documents or other records that are made
in the State or relate to a service performed in the State and make those
records available for inspection by the Secretary for compliance with this
title.
(b) Compliance with subsection (a) required. -- The Secretary may not issue or
renew a license or registration unless the applicant, licensee, or registrant
submits proof of compliance with subsection (a) of this section.
(c) Fidelity bond. --
(1) The fidelity bond required by subsection (a)(1) of this section shall cover
all individuals who:
(i) are licensed to provide security systems services, are registered as
security systems technicians, or have access to circumventional information; or
(ii) are applicants for a license or registration.
(2) The fidelity bond shall be used for the benefit of any person injured on the
premises of a consumer of security systems services by any fraudulent or
dishonest act of a licensee, a security systems technician, or other individual
who has access to circumventional information that is willful or malicious.
(3) The applicant for a license or registration shall submit a copy of the
fidelity bond to the Secretary with the license or registration application.
(4) (i) The amount of the fidelity bond required under subsection (c)(1) of this
section shall be at least $ 50,000.
(ii) The total liability of the surety to all insured persons under the fidelity
bond may not exceed the sum of the fidelity bond.
(5) (i) If an employer's fidelity bond is canceled, forfeited, or terminated by
the surety, the surety shall immediately notify the Secretary.
(ii) If a surety fails to notify the Secretary as required by this paragraph,
the fidelity bond shall continue in effect until the notice is given to the
Secretary.
(d) General liability insurance. --
(1) General liability insurance required by subsection (a) (1) (ii) of this
section shall be in the amount of at least $ 50,000.
(2) An applicant for a license or registration shall submit proof of insurance
meeting the requirements of paragraph (1) of this subsection to the Secretary
with the application.
(3) If the general liability insurance required under this section is canceled,
the insured shall immediately notify the Secretary.
(e) Failure to maintain bond or insurance. -- If an agency fails to maintain the
required fidelity bond or liability insurance as required in this section, upon
notification, the Secretary:
(1) shall suspend the license; and
(2) may not reinstate the license until the agency submits proof of the required
bond or insurance to the Secretary.
(f) Violation of section. -- In addition to § 18-504 of this title, a court of
competent jurisdiction may enjoin the operation of any employer who violates the
requirements of this section.