Sec. 12.11.10.07. Criminal History Records Check

A. Before the submission of an initial application for a license and the addition of a partner, director, officer, or monitor, the following individuals shall apply to the Central Repository for State and national criminal history records checks:

(1) The applicant, if the applicant is an individual;

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

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

(4) Each added partner, director, officer, or monitor.

B. An individual applying for State and national criminal history records checks shall submit to the Central Repository:

(1) Completed forms required by the Director of the Central Repository;

(2) Two sets of legible fingerprints taken at a State or local law enforcement office in the State or other location approved by the Secretary;

(3) The mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check; and

(4) The fee required by the Criminal Justice Information System as authorized by Criminal Procedure Article, §10-221(b)(7), Annotated Code of Maryland, for a State criminal history records check.

C. The Central Repository shall:

(1) Notify the Secretary of the receipt of an application;

(2) Process the State and national criminal history records checks;

(3) Provide to the Secretary a conviction only criminal history records check; and

(4) Send to the subject individual by U.S. mail a printed statement listing a finding of a felony conviction.

D. Finding of a Felony Conviction.

(1) A finding of a felony conviction may be contested by the subject individual by submitting to the Director of the Central Repository, within 30 days of the date of the printed statement, a written request for a hearing.

(2) If a written request for a hearing is received by the Director of the Central Repository within 30 days of the date of the printed statement, the matter shall proceed in accordance with COMAR 12.15.03.10. Notwithstanding any provision in COMAR 12.15.03.10, a failure by the subject individual to appear at a scheduled hearing shall result in dismissal of the proceeding.

(3) If a written request for a hearing is not received by the Director of the Central Repository within 30 working days of the date of the printed statement, or if the Director of the Central Repository does not make a final determination that the subject individual has no felony conviction, the individual is ineligible to be a monitor. If the subject individual is a partner, director, officer, applicant, or licensee, the applicant or licensee is ineligible for a license and this ineligibility may be the basis for a complaint initiating a proceeding for:

(a) Denial of a license application; or

(b) Suspension or revocation of a license.