Md. Code Regs. 29.04.08.03

Current through Register Vol. 51, No. 25, December 13, 2024

Section 29.04.08.03 - Certification

A. Application.

(1) Each individual employee of a private detective agency acting as a private detective is required to submit an application on forms prescribed by the Secretary.

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

(3) The fee for a private detective certification is $15 plus payment for the cost of both the State and national fingerprint card record checks. The check or money order shall be made payable to the Maryland State Police.

(4) An applicant shall mail or deliver the application to the Licensing Division with the appropriate completed forms, fees, fingerprint cards, and two photographs as provided for in §A(5) of this regulation.

(5) Photographs.

(a) The photographs required under §A(4) of this regulation shall be of the applicant's head and shoulders, 1-1/2 inches square, no hat and light background, taken within 30 days before the filing of the application.

(b) Printed computer-generated photographs that are similar to the size indicated in §A(5)(a) of this regulation and represent a clear display of the applicant's head and shoulders are acceptable.

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

C. The applicant may be denied a private detective identification card if the applicant:

(1) Has been convicted of a crime of violence, which is defined here as:

(a) Abduction;

(b) Arson;

(c) Burglary, including common law and all statutory and storehouse forms of burglary offenses;

(d) Escape;

(e) Housebreaking;

(f) Kidnapping;

(g) Manslaughter, excepting involuntary manslaughter;

(h) Mayhem;

(i) Murder;

(j) Rape;

(k) Robbery;

(l) Sodomy; or

(m) An attempt to commit any of the above offenses, or assault with intent to commit any other offense for which the court sentences an individual to imprisonment for more than 1 year;

(2) Has been convicted of a felony;

(3) Is a habitual drunkard;

(4) Is a fugitive from justice, which is defined as a person who has fled from a sheriff or other peace officer within this State, or who has fled from any state, territory, or the District of Columbia, or possession of the United States, to avoid prosecution for a crime of violence or to avoid giving testimony in any criminal proceeding;

(5) Is addicted to or a habitual user of narcotics, barbiturates, or amphetamines;

(6) Has been confined to a mental institution for treatment of a mental disorder or disorders, unless there is attached to the application a physician's certificate, issued within 30 days before the application, certifying that the applicant is of no danger to the applicant or others;

(7) Has falsified any information on the applicant's application; or

(8) Has been convicted of any criminal act directly related to the applicant's employment with a detective agency licensed or required to be licensed by the State Police.

D. The private detective identification card is issued to the applicant and is valid for employment only with the private detective agency through which the applicant obtained private detective certification. The card remains the property of the State and shall be returned to the State Police Licensing Division within 5 days after:

(1) It is voluntarily surrendered;

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

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

(4) Death of the card holder occurs; or

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

E. It is the responsibility of the employing agency to notify the State Police Licensing Division when the holder of a private detective identification card is terminated from employment with the agency.

Md. Code Regs. 29.04.08.03