2015 Maryland Code
FINANCIAL INSTITUTIONS
Title 12 - MISCELLANEOUS INSTITUTIONS AND ACTIVITIES
Subtitle 4 - MARYLAND MONEY TRANSMISSION ACT
§ 12-408 - Fingerprinting

(a) "Central Repository" defined. -- In this section, "Central Repository" means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.

(b) Applicability. -- This section does not apply to any corporation the securities of which are exempt from registration under § 11-601(8) or (12) of the Corporations and Associations Article or any wholly owned subsidiary of the corporation.

(c) Duty to provide information concerning applicant's identity. -- In connection with an initial application for a license under § 12-407 of this subtitle, and at any other time that the Commissioner requests, an applicant or licensee shall provide to the nationwide licensing system information concerning the applicant's identity, including:

(1) Fingerprints for submission to the Federal Bureau of Investigation, and any other governmental agency or entity, including the Central Repository, authorized to receive this information for a state, a national, or an international criminal history background check;

(2) In the case of a sole proprietorship, personal history and experience in a form prescribed by the nationwide licensing system, including the submission of authorization for the nationwide licensing system and the Commissioner to obtain:

(i) An independent credit report from a consumer reporting agency described in the federal Fair Credit Reporting Act, 15 U.S.C. § 1681a(p); and

(ii) Information related to any administrative, civil, or criminal findings by any governmental jurisdiction; and

(3) In the case of a corporation or another business entity:

(i) Business history in a form prescribed by the nationwide licensing system, including:

1. The submission of a business credit report for the applicant that is no older than 3 months before the date of the application; and

2. Information related to any administrative, civil, or criminal findings by any governmental jurisdiction; and

(ii) For each control person, personal history in a form prescribed by the nationwide licensing system.

(d) Use of nationwide licensing system. -- Subject to § 12-408.1 of this subtitle, to implement this subtitle, the Commissioner may use the nationwide licensing system as a channeling agent to request information from and distribute information to the Department of Justice, any other governmental agency with subject matter jurisdiction, and any other state licensing entity that has money transmitters licensed or registered with the nationwide licensing system.

(e) Applicants or licensees to provide fingerprints. -- In addition to the requirements under subsection (c) of this section, in connection with an initial application for a license under § 12-407 of this subtitle, and at any other time that the Commissioner requests, an applicant or a licensee shall provide fingerprints for use by the Central Repository to conduct criminal history records checks.

(f) Payment of fees. -- An applicant or a licensee who is required to provide fingerprints under subsection (c) or (e) of this section shall pay the processing or other fees required by the Central Repository, the Federal Bureau of Investigation, and the nationwide licensing system.

(g) Request for information by Commissioner. -- The Commissioner may request from the Central Repository, the Federal Bureau of Investigation, or the nationwide licensing system, as applicable, for each person who is required to provide fingerprints under subsection (c) or (e) of this section:

(1) (i) The state, national, or international criminal history records of the person; and

(ii) A printed statement listing any conviction or other disposition of, and any plea of guilty or nolo contendere to, any criminal charge;

(2) (i) An update of the initial criminal history records check or criminal history background check of the person; and

(ii) A revised statement listing any conviction or other disposition of, and any plea of guilty or nolo contendere to, any criminal charge occurring after the date of the initial criminal history records check or criminal history background check; and

(3) An acknowledged receipt of the application for a criminal history records check or criminal history background check of the person.

(h) Corporations or other business entities. -- If the applicant or licensee is a corporation or another business entity, the fingerprinting and criminal history records check requirements under subsection (c) or (e) of this section shall apply to an executive officer, a general partner, or a managing member of, or an individual serving in a similar capacity with respect to, the corporation or other business entity, as requested by the Commissioner.