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Section 20-301 – Required License

    A person shall be licensed by the Secretary as a private home detention monitoring agency before operating a business that provides monitoring services for a fee to individuals who are under a court order that requires monitoring by a private home detention monitoring agency.

Section 20-302 – Requirements

    (a)    To qualify for a license, an applicant shall meet the requirements of this section.     (b)    The applicant and anyone the applicant employs as a private home detention monitor shall be of good character and reputation.     (c)    The applicant and all individuals employed as private home detention monitors shall satisfy the minimum training and experience requirements provided in […]

Section 20-303 – Application and Fee

    (a)    (1)    An applicant for a license shall submit to the Secretary:             (i)    an application on the form that the Secretary provides; and             (ii)    an application fee of $500.         (2)    The application fee is nonrefundable.     (b)    (1)    The application form provided by the Secretary shall contain a statement advising the applicant that willfully making a false statement on an application is a […]

Section 20-304 – Work as Monitor

    Before an individual may begin working as a private home detention monitor:         (1)    the private home detention monitoring agency shall submit to the Secretary, on the form that the Secretary provides, the name of the individual; and         (2)    the individual shall apply for State and national criminal history records checks under § 20-305 of this subtitle.

Section 20-305 – Criminal History Records Checks

    (a)    In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.     (b)    An applicant for a license under this title and an individual whose name must be submitted under § 20-303(c)(5) of this subtitle shall apply to the Central Repository for State and national criminal […]

Section 20-306 – Contesting Finding of Felony Conviction

    (a)    This section applies to an individual required to apply for State and national criminal history records checks under this subtitle.     (b)    An individual may contest the finding of a felony conviction reported in a printed statement issued by the Department as provided in this section.     (c)    (1)    In contesting the finding of a felony conviction, the individual shall […]

Section 20-307 – Issuance of License and Certificate

    (a)    (1)    The Secretary shall issue a license to each applicant who satisfies the requirements of this title and any regulations adopted under this title.         (2)    (i)    The Secretary shall issue a private home detention monitoring agency license certificate to each licensed agency.             (ii)    For each additional office the private detention monitoring agency proposes to operate, the Secretary shall issue […]

Section 20-308 – Authority of Licensee

    While a license is in effect, it authorizes the licensee to:         (1)    operate, in accordance with applicable laws and regulations, a business that provides monitoring services for a fee to individuals who are under a court order that requires monitoring by a private home detention monitoring agency; and         (2)    employ qualified individuals to work as private home […]

Section 20-309 – Expiration and Renewal of License

    (a)    Unless a license is renewed for a 2-year term as provided in this section, the license expires on the date set by the Secretary.     (b)    At least 2 months before a license expires, the Secretary shall mail or electronically transmit to the licensee:         (1)    a renewal application form; and         (2)    a notice that states:             (i)    the date on which […]

Section 20-310 – Documentation for Renewal

    (a)    As a condition for license renewal, a licensee shall submit to the Secretary with the renewal application:         (1)    a certification or, as authorized by the Secretary, other documentation that the licensed private home detention monitoring agency has paid, for the past 2 years, all withholding and Social Security taxes;         (2)    a certification or, as authorized by the […]

Section 20-311 – State Office of Licensee

    (a)    A licensee shall maintain an office in the State.     (b)    A licensee shall keep in an office in the State all files or other records that:         (1)    are made in the State; and         (2)    relate to individuals monitored by the licensee.

Section 20-312 – Additional Branch Office or Change of Address

    (a)    Within 21 days after the change, a licensee shall submit to the Secretary written notice of:         (1)    the addition of a branch office; and         (2)    a change in the address of the private home detention monitoring agency or branch office.     (b)    The licensee shall submit with the notice:         (1)    a photocopy of the agency license certificate; and         (2)    if the […]

Section 20-313 – Required Certificates on Premises

    (a)    Each licensee shall have on the premises at all times:         (1)    the agency license certificate in the office of the private home detention monitoring agency; and         (2)    the branch office certificate in the agency branch office for which the certificate was issued.     (b)    (1)    If an agency license certificate or branch office certificate is lost or destroyed, the licensee […]

Section 20-314 – Denial, Suspension, or Revocation of License; Reprimand

    (a)    Subject to the hearing provisions of § 20-316 of this subtitle, the Secretary may deny a license to any applicant, reprimand any licensee, or suspend or revoke a license if the applicant or licensee:         (1)    fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another;         (2)    fraudulently or deceptively […]

Section 20-315 – Complaint and Investigation

    (a)    (1)    Subject to this section, the Secretary shall commence proceedings under § 20-316 of this subtitle on the Secretary’s own complaint or on a complaint made to the Secretary by any person.         (2)    If a complaint is made by any person other than the Secretary, the complaint shall be made under oath by the person who submits […]

Section 20-316 – Hearing on Complaint

    (a)    Except as otherwise provided in § 10-226 of the State Government Article, before the Secretary takes final action under § 20-314 of this subtitle, the Secretary shall give the person against whom the action is contemplated an opportunity for a hearing before the Secretary.     (b)    The Secretary shall give notice and hold the hearing in accordance […]

Section 20-317 – Surrender of Certificates

    Within 5 days after the Secretary suspends or revokes the license of a person, the person shall surrender to the Secretary the agency license certificate and each branch office certificate issued to the person.

Section 20-318 – Notification of Judge Upon Suspension or Revocation of License

    When the Secretary makes a determination to suspend or revoke the license of a private home detention monitoring agency, the Secretary shall immediately notify:         (1)    the administrative judge for the circuit court in each of the counties where the private home detention monitoring agency monitors individuals who are under a court order that requires monitoring by […]