Md. Code Regs. 12.11.10.04

Current through Register Vol. 51, No. 22, November 1, 2024

Section 12.11.10.04 - Initial Licensing

A. Initial Application for License.

(1) An applicant shall submit an application for a license on a form provided by the Secretary.

(2) If the applicant is an individual:

(a) The applicant shall be 18 years old or older; and

(b) The application shall be signed under oath by the applicant.

(3) If the applicant is a corporation, partnership, business trust, limited liability company, or other entity, the application shall be signed under oath by each partner, director, and officer.

(4) The applicant shall submit with the application:

(a) A nonrefundable application fee in the amount of $500;

(b) Proof of general liability insurance covering all activities of the applicant in an amount not less than $100,000;

(c) A bond that is conditioned on the faithful and honest conduct of the applicant and runs to the State of Maryland for the benefit of any person injured by any wrongful act of the applicant that is willful or malicious, in an amount not less than $2,500;

(d) Proof of application for State and national criminal history records checks, on a form provided by the Secretary;

(e) Three statements attesting to good character and reputation, for each of the following:

(i) The applicant, if the applicant is an individual,

(ii) Each partner, director, and officer of the applicant, if the applicant is a corporation, partnership, business trust, limited liability company, or other entity, and

(iii) Each private home detention monitor employed or listed on the application to be employed by the applicant;

(f) A statement, on a form provided by the Secretary, that training in the monitoring agency's policies, procedures, and electronic monitoring equipment has been provided to each of the following:

(i) The applicant, if the applicant is an individual,

(ii) A partner, director, or officer of the applicant, if the applicant is a corporation, partnership, business trust, limited liability company, or other entity, and

(iii) Each private home detention monitor employed or listed on the application to be employed by the applicant; and

(g) A statement on a form provided by the Secretary, that the applicant has the demonstrable ability to provide either satellite monitoring or continuously signaling electronic monitoring.

B. Within 45 days of receipt of an initial application, the Secretary shall:

(1) Return an incomplete application, with instructions for completion;

(2) Grant the application and issue a license to the applicant; or

(3) Initiate a complaint and issue a notice for denial of a license under Regulation .10B of this chapter.

C. An initial license is valid for 2 years from the date issued, unless earlier suspended or revoked.

Md. Code Regs. 12.11.10.04

Regulations .04 adopted as an emergency provision effective June 29, 1999 (26:16 Md. R. 1239); emergency status extended at 27:1 Md. R. 73; emergency status expired June 30, 2000 (Emergency provisions are temporary and not printed in COMAR)
Regulations .04 adopted effective August 7, 2000 (27:15 Md. R. 1401)