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Thread: PI LICENSING: Maryland

  1. #1
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    PI LICENSING: Maryland

    Hello P.I. Colleagues: I would like to know if Maryland requires licensure. Thanks.
    Andre' E. Godsey

  2. #2
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    PI LICENSING: Maryland

    NO LICENSE NEEDED, IF WORKING FOR THE FOLLOWING: :
    Exemptions:
    1. NO LICENSE NEEDED: if an individual who is regularly and exclusively employed as an investigator or in any other capacity by a person (or company) who is not already engaged in the business of providing private detective services, while performing any duty of employment;

    2. NO LICENSE NEEDED IF: an officer or employee of any unit of the United States, of any state, or of any county, municipal corporation, or other political subdivision of any state, while performing a duty of the office or employment;

    3. NO LICENSE NEEDED IF working: to a lawyer, while performing any activity that relates to the lawyer's regular practice of law in the State;

    4. NO LICENSE NEEDED IF working: to an individual who, as a regular part-time or full-time employee of a lawyer, provides services that relate to the lawyer's regular practice of law in the State;

    5. NO LICENSE NEEDED IF working: to a person who is licensed to engage in insurance business of any kind in the State, while conducting that business, or to any employee or licensed agent of that person, while conducting that business;

    6. NO LICENSE NEEDED IF working: to an independent insurance adjuster, while conducting the business of an insurance adjuster;

    7. NO LICENSE NEEDED IF working: to a person while conducting an investigation solely for the person's own account;

    8. NO LICENSE NEEDED IF working: to a special police officer appointed and while performing under Article 41, Subtitle 9 of the Code or subsection 16-16 of the Code of Public Local Laws of Baltimore City.

    9. NO LICENSE NEEDED IF working: or performing any activity of a person who is engaged exclusively in the business of making investigations and reports that relate to the financial standing, credit worthiness, or financial responsibility of any person;

    10. NO LICENSE NEEDED IF working: or performing any activity of a person who is engaged exclusively in the business of making a report for an insurance or credit purpose, except if the making of the report involves an investigation or surveillance of a sort normally performed by a person:

    11. NO LICENSE NEEDED IF working: or monitoring an electronically controlled burglar or fire alarm system with a central unit; or

    12. NO LICENSE NEEDED IF working: ormaking a marketing survey.

    13. NO LICENSE NEEDED IF working: or a Representative member. - "Representative member" means a firm member who is appointed on behalf of the firm.

    14. NO LICENSE NEEDED IF working: as a Security guard. - "Security guard" means an individual who provides security guard services, regardless of whether the individual is described as a security guard, watchman, or
      private patrolman.

    15. NO LICENSE NEEDED IF working: for Security guard services. - "Security guard services" includes any activity that is performed for compensation as a security guard to protect any individual or property, except the
      activities of an individual or property, except the activities of an individual while performing as:

    16. NO LICENSE NEEDED IF working: as a marine guard or ship watchman, regardless of whether the guard or watchman is stationed aboard a ship or on a pier; or

    17. NO LICENSE NEEDED IF working: as a special police officer, as exempted from the provisions of this title.

    18. NO LICENSE NEEDED IF working: as a Superintendent. - "Superintendent" means the Superintendent of the Maryland State Police.





    TO OBTAIN A LICENSE TO SOLICIT FOR YOUR OWN CLIENTS:


    The applicant must provide documentation supporting a minimum of 3-5 years of employment as an investigator.

    PI License Application: Click here

    Other Forms, go to http://www.mdsp.org/ and choose the DOWNLOAD option for a menu.

    FAQ: http://www.mdsp.org/Portals/0/Downlo...ensing_Faq.pdf

    CONTACT Sources:
    Licensing@mdsp.org

    Department of Maryland State Police
    Criminal Investigation Bureau
    1201 Reisterstown Road
    Pikesville Md 21208
    410-653-4500

    John Simpson
    Records Command
    jsimpson@mdsp.org

    Donald Harrison
    Cmdr. Licensing Division
    dharrison@mdsp.org

  3. #3
    David Copeland's Avatar
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    Quote Originally Posted by Maria Beecher
    What are the steps you take in becomeing a licensed PI? It was told to me that the laws have changed and you must now be police officer and then apply for investigations.
    I am not sure anymore.
    Maria
    Never rely on a phone conversation with any state official when looking to become licensed. They are not the lawmakers or the attorneys who authored the requirements and the options and the exemptions.

    Always, always refer to the written statutes and written applications. And make sure you have the full set of documents, and are not missing what would otherwise allow you to obtain your goal.

  4. #4
    Lugene Herbst's Avatar
    Lugene Herbst is offline Law Firm Member
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    PERSONAL OPINION Only: (Refer to statutes)

    Quote Originally Posted by Rick Conaway
    Here is a crazy question... Maryland requires PI's to be licensed to solicit work independently, right? How does the state know if you are working independently or under their exception guidelines? Isn't it possibly for a state official to challenge the licensing requirement?

    Let's say you are working for an attorney which fine under the guidelines without a license; now someone requests the validity of your actions as a PI working independently and not under the guidelines of MD. How do you prove you are working for someone else and not you independently? Do you need a letter documenting a case load or some other type of work order to prove that you are not being fraudulent?

    I mean this would only be in an extreme case but, I don't want to operate under a gray cloud that may not give me certain protections when I believe I am working under the MD guidelines. I know it all falls under mental culpabilty and intent but, at the same time ignorance is no excuse.

    Thanks,

    Rick
    Maryland does not require a PI license to work as a private investigator. They only require a license to solicit as a private investigator, and to later make claim from receiving money that you performed the regulated case. That is why all forms of solicitation as a private investigator should include a PI License number. If not, then the solicitation (business card, letterhead, web site, etc) should clarify under what unregulated areas or unregulated assignments the non-licensed PI is operating.

    Here is another way to go (Colorado Headquarter Office Plan:
    http://www.ipiu.org/forums/forumdisplay.php?f=248

    And if you have Level 3 access here as an IPIU Union member, look at the sample business cards of both regulated and unregulated private investigators:
    http://www.ipiu.org/forums/forumdisplay.php?f=242

    In another topic you asked about internet investigating. The Colorado PI Office Program is excellent for that. You have an office, phone, email, secretary, and a state corporate license, all for $7 to $15 per month (when paid annually), which allows you to investigate anything anywhere in the world by computer. If you need a live person to do surveillance in Maryland, then just sub-contract one of IPIU's licensed PI's to do the job for the small portion of your earnings.

    Although the internet is virtual, having a web page with a real office and business license in an unregulated state gives you the authority to work within the lawful guidelines of Maryland and other states.

    To inquire, call 800-548-1526 and choose Option 2 for Gary when he returns on Monday.

  5. #5

    Personal Opinion Only: See statutes

    Quote Originally Posted by Cain N Jones
    So are you saying as long as your not taking money you can preform investagations,online or by other means,without a licence?
    Hello, Cain.

    Although it appears you are in Virginia and not Maryland, both states have similar laws and statutes.

    I suggest you download or print off a complete copy of the entire statutes (or you can take the time to read it online).

    What you will find is a very wordy documented authored by lawyers (who are the lawmakers of the state, and who passed the original bill to regulate private investigators).

    Somewhere buried in the statutes are what we call the "exemptions" to the entire bill and regulations. Lawyers do that. The phrase you are looking for is similar to the standard phrase of "this bill does not apply to the following . . .".

    Compare the exemptions to the rest of the statutes and you will see there is no over-all general law telling a citizen they cannot be a private investigator or perform private investigations. What the statutes do is regulate the advertising of a private investigator to the public (for money or not). It is the advertising that draws customers to hire the person who is performing the investigations. If there is no advertising, anyone can "investigate" anyone with or without a license.

    As an example, I can investigate a stranger through the public courthouse, with no questions asked. But if I advertise that I can do that, then I must be careful on what my advertising says.

    So if I advertise "I am a private investigator. Call me to investigate your neighbor to see if they have a criminal record". Then I need a PI License, regardless if I charge or not.

    But if I advertise "I am a records retriever. Call me to obtain a criminal record record on someone you are interested in." Then I do not need a PI License, because anyone can use the public records and resell the results on that basis alone.

    One famous PI said, "I have a state PI License to advertise everything I can do with and without a license. But I have found that out of a thousand clients that pay me for my services, only 5% of the cases I end up doing are regulated under my state license, while 95% of the the cases I do are not regulated, meaning anyone could have performed them without a state license."

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  6. #6
    John Sanderson is offline Lifetime Member

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    Re: PI LICENSING: Maryland

    Here is a direct link to the licensing application, that includes the other licenses available to Private Investigators in the same app.
    http://www.msp.maryland.gov/download...pplication.pdf
    John Sanderson

    Task Force Investigations
    Logistics Department

  7. #7
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    Maryland PI Licensing

    Hello all!
    I am trying to apply for my PI license in Md and have the forms and will be doing the LiveScan fingerprinting but I'm a little confused. Do I have to be employed by an agency prior to applying for my license?

    Thanks in advance!

  8. #8
    David Copeland's Avatar
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    Re: Maryland PI Licensing

    Quote Originally Posted by Scott Stevenson View Post
    Hello all!
    I am trying to apply for my PI license in Md and have the forms and will be doing the LiveScan fingerprinting but I'm a little confused. Do I have to be employed by an agency prior to applying for my license?
    Answer 1: If your application for a PI License includes 2-3 years full time employment experience as a private investigator, then you do not need to be employed by another agency.

    Answer 2: If your application for a PI License DOES NOT include 2-3 years full time employment experience as a private investigator, then you will need to be offered employment by a licensed PI Agency before your personal application is accepted.

    Answer 3: If you do not have the prior experience and you do not have an employment offer from a PI Agency, then you can upgrade your Level 1 guest account here at the Private Investigators Forums to a Lifetime Corporate Membership so that IPIU can provide you with a licensed private investigator to sponsor you as an Agency. The sponsorship pre-approval takes approximately 5-6 weeks.

    David
    David Copeland
    Administrator
    Private Investigators Forums



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  9. #9
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    Re: PI LICENSING: Maryland

    New updates coming.
    Robert Donovan
    Director - Agent Relations
    Sr. Director - IPIU Ethics Board



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    When you see the Better Business Bureau Seal, it means the
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    TELL THE TRUTH, KEEP ITS PROMISES, BE RESPONSIVE
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