Md. Code Regs. 20.59.10.03

Current through Register Vol. 51, No. 12, June 14, 2024

Section 20.59.10.03 - Agent Qualifications and Standards

A. A supplier shall develop standards and qualifications for individuals it chooses to hire as its agents.

A supplier may not permit an individual to be hired if an individual fails to meet its standards. The standards shall ensure to the fullest extent practicable that the agent's qualifications, and for door-to-door agents the results of the criminal history record check, safeguard potential customers with whom the agent may make contact.

B. A supplier may not permit its agent to conduct door-to-door activities unless:

(1) The door-to-door agent's identity has been verified by government-issued identification;

(2) The supplier has ensured that the agent meets any local licensing, registration, or permitting requirements of the jurisdiction where the agent will be conducting door-to-door activities; and

(3) The agent's criminal history record meets the supplier's standards and qualifications.

C. The criminal history record shall be updated no less than every 36 months, and shall be obtained from either:

(1) The Maryland Criminal Justice Information System and the Federal Bureau of Investigation, through the Department of Public Safety and Correctional Services, and from all other states in which the person resided within at least the last 12 months; or

(2) A criminal history records check conducted by the supplier or a third party that includes, at a minimum, the following:

(a) An all-county search through the Maryland Administrative Office of the Courts, and from all other states in which the person resided within at least the last 12 months;

(b) A nationwide federal criminal court search, such as the Federal Public Access to Court Electronic Records (PACER) System;

(c) A national multi-state, multi-jurisdictional criminal database search with validation conducted by a member of the National Association of Professional Background Screeners; and

(d) The U.S. Department of Justice National Sex Offender Public Registry.

D. When a supplier contracts to perform door-to-door activities, the supplier shall document that the criminal background investigation has been performed on any door-to-door agents in accordance with this section and with the standards set by the supplier. A supplier may satisfy this requirement by obtaining a written statement verifying that the criminal background check was performed in accordance with this section and with standards set by the supplier and presented in writing.

E. A supplier shall audit at least every 12 months whether the criminal background checks completed by its independent contractor or vendor have been completed in accordance with this section. A supplier shall provide the Commission notice within 30 days if the audit results demonstrate that the criminal background checks were not completed by the independent contractor or vendor in accordance with this section.

Md. Code Regs. 20.59.10.03

Regulation .03 recodified from 20.59.08.03 effective 49:5 Md. R.367, eff. 3/7/2022