Code of Maryland Regulations
Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES
Subtitle 11 - OFFICE OF THE SECRETARY
Chapter 12.11.10 - Private Home Detention Monitoring Agencies
Section 12.11.10.05 - Renewal Licensing

Universal Citation: MD Code Reg 12.11.10.05

Current through Register Vol. 51, No. 19, September 20, 2024

A. At least 2 months before the expiration of a license, the Secretary shall send by U.S. mail to the licensee, at the licensee's last known address, a renewal application, and a notice that states:

(1) The date the current license expires;

(2) The amount of the renewal application fee;

(3) That the renewal application must be received by the Secretary at least 21 days before expiration of the current license to avoid a lapse in licensure and the imposition of late fees; and

(4) That a false statement on the renewal application is cause for license denial or revocation.

B. Renewal Application.

(1) A licensee shall submit a renewal application on a form provided by the Secretary.

(2) If the licensee is an individual, the renewal application shall be signed under oath by that individual.

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

(4) The licensee shall submit with the renewal application:
(a) A nonrefundable renewal application fee of $100;

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

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

(d) Certification, on a form provided by the Secretary, together with supporting documentation, that the monitoring agency has paid all withholding taxes, Social Security taxes, and other governmental obligations as an employer for the preceding 2 years;

(e) A certificate of compliance issued by the Workers' Compensation Commission or the policy or binder number of workers' compensation insurance, as provided by Labor and Employment Article, § 9-105, Annotated Code of Maryland;

(f) A receipt from the State Comptroller's Office, or other documentation authorized by the Secretary, showing that the monitoring agency has paid State income tax liabilities for the preceding 2 years;

(g) A late fee of $10 per day if the application is not received by the Secretary at least 21 days before expiration of the current license;

(h) A statement, on a form provided by the Secretary, that training in the monitoring agency's policies, procedures, and equipment has been provided to each of the following:
(i) The licensee, if the licensee 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 renewal application to be employed by the licensee; and

(i) 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.

C. Within 21 days of receipt of a renewal application, the Secretary shall:

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

(2) Grant the renewal application, and issue a renewal license; or

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

D. If a complete renewal application is received by the Secretary at least 14 days before the expiration of a license, and if a renewal license is not issued before the expiration of the current license, the current license shall continue to be in effect until either:

(1) The renewal application is granted and a renewal license is issued; or

(2) The renewal application is denied, and the time for seeking judicial review of the denial has expired.

E. A renewal license is valid for 2 years from the date of expiration of the current license, unless suspended or revoked.

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