Md. Code Regs. 29.04.08.14

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

Section 29.04.08.14 - Reprimands, Fines, Suspensions, and Revocations

A. To provide consistency in certain actions taken against any licensee, firm, or person that holds a private detective certification, a penalty matrix is established in §D of this regulation.

B. For the purpose of this chapter, a license term is defined as the period of time from the date of issuance of a license to the date of expiration or revocation, inclusive of all renewals.

C. The penalty matrix is a general working guide. This regulation does not prevent the Secretary from administering any penalty deemed necessary in the best interest of the public or industry.

D. The Secretary establishes the penalty matrix as follows:

(1) Category A-Offenses and Penalties:

(a) Category A offenses are as follows:

(i) Agency failing to notify the Licensing Division of a change of address or telephone number, or a change of licensee or corporate officer status;

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

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

(b) The penalties for Category A offenses are as follows:

(i) First offense: Warning to agency, licensee, or certified employee;

(ii) Second and third offenses: Reprimand or fine of agency, licensee, or certified employee;

(c) Fines for Category A offenses, when assessed, shall range from $50-$500 per violation;

(2) Category B-Offenses and Penalties:

(a) Category B offenses are as follows:

(i) Fourth and subsequent Category A offenses within the license term;

(ii) Licensee failing to supervise its office and employees in the State;

(iii) Agency operating with a license that has been expired for 1 to 30 days;

(iv) Agency employing uncertified private detectives for 10 to 30 days without submitting the required application to the Secretary as required under Business Occupations and Professions Article, § 13-401, Annotated Code of Maryland, regardless of the number of hours the private detective worked during that period;

(v) Private detective misrepresenting himself or herself as being authorized to operate as a licensed private detective while working for a licensed agency;

(vi) Licensee or individual failing to surrender the wall license or certification card to the Secretary within 5 days of termination of employment or expiration, cancellation, suspension, or revocation of the agency license or certification;

(vii) Individual failing to display the private detective certification on request from a law enforcement officer pursuant to Business Occupations and Professions Article, § 13-407, Annotated Code of Maryland;

(viii) Certified individual or licensee failing to return issued equipment to the private detective agency within 10 days after termination of employment pursuant to Business Occupations and Professions Article, § 13-607(b), Annotated Code of Maryland; and

(ix) A certified private detective loaning the certification card or badge to another individual in violation of Business Occupations and Professions Article, § 13-703, Annotated Code of Maryland;

(b) The penalties for Category B offenses are as follows:

(i) First offense: Reprimand, fine, or suspension;

(ii) Second offense: Reprimand, fine, or suspension of agency, licensee, or certified employee;

(c) Fines for Category B offenses, when assessed, shall range from $100-$1,000 per violation;

(3) Category C-Offenses and Penalties:

(a) Category C offenses are as follows:

(i) Third and subsequent Category B offenses within the license term;

(ii) Agency employing an uncertified private detective for more than 30 calendar days, without submitting the required application to the Secretary, regardless of the number of hours the private detective worked during that period;

(iii) Agency failing to maintain an office in this State that contains the business records made in this State pursuant to Business Occupations and Professions Article, § 13-310, Annotated Code of Maryland;

(iv) Agency operating while suspended;

(v) Agency operating with a license that has been expired for 31 to 60 calendar days; and

(vi) Agency or individual operating in violation of any lawful order issued by the Secretary as it applies to Business Occupations and Professions Article, Title 13, Annotated Code of Maryland, or this chapter;

(b) The penalties for Category C offenses are as follows:

(i) First offense: Reprimand, fine, or suspension of agency, licensee, or certified employee;

(ii) Second offense: Fine or suspension of agency, licensee, or certified employee;

(c) Fines for Category C offenses, when assessed, shall range from $250-$2,500 per violation;

(4) Category D-Offenses and Penalties:

(a) Category D offenses are as follows:

(i) Third and subsequent Category C offenses, fourth and subsequent Category B offenses, or a combination of Category A, Category B, and Category C offenses within a license term;

(ii) Agency knowingly allowing a person that has been disapproved, suspended, or revoked to operate as a private detective;

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

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

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

(vi) Agency failing to allow immediate inspection of records during an audit or investigation pursuant to Business Occupations and Professions Article, § 13-309, Annotated Code of Maryland;

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

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

(ix) Agency failing to pay assessed fine by the due date after final adjudication of appeal or after waiver of appeal rights and acceptance of penalty and fine;

(b) The penalties for Category D offenses are as follows:

(i) First offense: Fine or suspension of agency, licensee, or certified employee;

(ii) Second offense: Fine or suspension of agency, licensee, or certified employee;

(iii) Third offense: Suspension of agency, licensee, or certified employee or revocation of license;

(c) Fines for Category D offenses, when assessed, shall range from $500-$5,000 per violation.

Md. Code Regs. 29.04.08.14