It seeks to require process service "agencies" to be formally licensed. The bill also requires a certification process for servers. The way the bill reads, it would require that certified process servers work under a licensed agency. The bill is similar to Maryland Private Detective statutes.
In short, this would change our industry substantially.
It would require each business to obtain a license, and list all employees, officers, directors, and affiliations. It would also require: 1. State and Federal background checks, 2. require businesses to submit all business operations, including financial and tax records, 3. To submit proof of all insurance policy binders, 4. require any licensee to appoint a person to represent and to be responsible for the business, 5. submit a $ 1 million dollar bond, 6. a $375 application fee, and 7. pay all costs associated with the application fee, including the background checks for its employees, officers, directors, agents, or affiliates.
The actual costs for individual process servers, and process serving companies will be approximately $12,000 to $20,000, depending on the number of people involved in the business.
Individual licenses impose the same restrictions, but differ in that the application fee would be $200, and the bond amount would be $15,000.
Process Servers must then be certified to actually serve process in the state, provided they work under a licensed person. They will be subject to pretty much the same requirements as listed above, with the exception of an application fee of $15.00, plus actual costs.
However, process servers must be employed by or work under a license. So, if you are an independent self-employed server, you would need to apply for the individual license, meet those requirements, and register as a process server. In essence, this means having duplicate background checks.
The licensee becomes responsible to the acts of the business, servers, employees, etc., but in a different section, the certified process server is also responsible for the agency because it works under the agency's licensee.
Independent process servers will need to obtain a license, and a certification in order to provide service of process in the State of Maryland. They will also need to comply with all of the documentation requirements.
This bill was introduced into legislation on Feb 1, 2012, and the hearing for this Bill is scheduled for Feb 19, 2013 in the Maryland Senate (Under a second read).
For a detailed analysis of this bill, please click on this link
We need your help. We also want to provide you a forum in which you can learn more about this bill. To do this, MAAPPS is hosting three meetings
Tuesday, February 12, 2013 at Canton Dockside at 6:30 PM
Wednesday, February 13, 2013 at Teds Diner - Rockville at 6:30 PM
Please join us so we can work together to chart our industry's future. For more information, please call Stephen Folcher at (410) 908-3885, Torri Schaffer at 301-869-5081, Mike Daigenault at
301-251-1318 or Steve Harris at (703) 383-3007
2 comments:
Just more regulation and taxes.
Agree, 9:02. This serves no purpose but to allow the State to skim profits out of yet another trade.
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