WHERE TO MAIL APPLICATIONS

Maryland State Police
Licensing Division
1111 Reisterstown Road
Pikesville, MD 21208
Attn.: Railroad Police Commissions

Applications should be mailed to the Division. Personal visits are not encouraged and will not decrease the amount of time it takes an application to be processed.

WHO MAY APPLY

Public Safety Article, Annotated Code of Maryland, Tile 3, §3–402, provides that each railroad company located wholly or partly in the State may apply for the appointment of railroad police officers:

1.   to protect property, patrons, passengers, tenants, employees, equipment, and services; and

2.   to preserve peace and order on railroad premises, easements, appurtenant property, trains, cars, and other vehicles.

Public Safety Article, Annotated Code of Maryland, Tile 3, §3–403, provides that to qualify for appointment to act as a railroad police officer under this subtitle, an applicant shall be an individual who:

1.   shall be of good moral character;

2.   may not have been convicted of a felony or misdemeanor involving moral turpitude;

3.   shall be at least 21 years old;

4.   be a full-time police officer employed by a railroad company on July 1, 1979; or

5.   meet all the educational and training requirements required by the Police Training Commission.

HOW TO APPLY

Utilizing the form(s) provided below for initial submissions, answer all questions accurately, completely and honestly by typing or clearly printing responses in ink. Attach all documentation required and clarifications you feel may assist investigators in processing your application. Too much is better than too little. The application, and at times, related documents must be signed and notarized.

A notarized Certification of Application for Railroad Police Commission form must be submitted with each application.

MAIL THE APPLICATION PACKET TO THE LICENSING DIVISION AT THE ADDRESS PROVIDED ABOVE. ALLOW 90 BUSINESS DAYS FOR THE COMPLETION OF THE APPLICATION PROCESS.

Remember the fingerprint cards/electronic fingerprint transmission and two (2) color passport type photographs depicting the applicant from the shoulders up. The photographs must be no larger than 1 1/2 inches by 1 1/2 inches. The applicant should not be wearing a hat or sunglasses in the photograph.

COST TO APPLY

Initial – Total $160.00 - Fee payable to the Maryland State Police - Fingerprint Fees are separate

An application fee of $160.00 is required for each initial application if the submitter is not a unit of the State. A separate fee of $34.50 is required to cover the cost of processing fingerprints in addition to the fee paid to the authorized Electronic Fingerprint Processing Center. The fees are not refundable. If electronic fingerprint are obtained/submitted for the application, the fingerprint fee is paid directly to the private provider taking the electronic fingerprints. DO NOT SUBMIT PAYMENT TO THE STATE POLICE FOR FINGERPRINTS IF THEY HAVE BEEN TAKEN AND SUBMITTED BY WAY OF AN AUTHORIZED PRIVATE PROVIDER OR THE MARYLAND MOTOR VEHICLE ADMINISTRATION.

Fees must be paid by check or money order made payable to the Maryland State Police. Checks must be drawn on active accounts with sufficient funds. If the check is returned for insufficient funds or due to a closed account, the applicant will be required to pay for future requests of the Licensing Division by cashier’s check or money order.

DOCUMENTATION OF AUTHORIZATION

A notarized Certification of Application for Railroad Police Commission form must be signed by the chief railroad police officer of a railroad company submitting the application. A seperate Application for Railroad Police Commission form must be submitted with each application. 

APPLICATION PROCESSING

Upon receipt of the application, the proper fee, and all required documents and information, a review of the application packet will begin. Thoseapplications determined to be incomplete, inaccurate and/or with purposeful omissions will be returned to the sender. The fee is non-refundable and a criminal investigation of the applicant and/or submitter may be initiated. Returned applications are not considered received by the Licensing Division until they are returned satisfactorily completed with the necessary attachments and fees.

A background investigation to include, but not limited to, a fingerprint generated criminal history will be initiated on those applications accurately submitted in their entirety.  The date the background is initiated depends on the accuracy, truthfulness, and completeness of the submission. The Maryland State Police will investigate the character, reputation, and qualifications of each applicant and shall:

1.    Include an investigation of the applicant’s criminal record, including checking records of local police departments and the Federal Bureau of Investigation; and

2.    verification Letter or other correspondence from the Maryland Police Training Commission advising that the railroad police officer has met the entry level requirements for a police officer in the State of Maryland as required by the Training Commission

When requested, references will be contacted. It is important to supply references that know you and those that will speak to investigators on your behalf. Difficulty locating references will further delay the application process.

It is important that the fee not be paid from closed accounts or those with insufficient funds. This will stop the application process and could result in criminal prosecution or forwarding to a collection agency.

Please allow 90 business days for processing of new and renewal applications. Do not call the Maryland State Police regarding the status of your application unless you have not received notification within this timeframe.

Upon completion of the investigation, the Maryland State Police will submit to the Governor of Maryland the results of the investigation, a recommendation on denying or granting the application, and the reasons for the recommendation.

The Governor may accept the recommendation of the Secretary of State Police but need not issue an appointment approved by the Secretary if the Governor believes it is not in the best interest of the State to do so. If the commission is approved, the commission will indicate the property that the Commission is intended to cover or the purpose for which the Commission is issued.

Public Safety Article, Annotated Code of Maryland, Title 3, §3–408, provides that within 30 days after a commission and before performing the duties of a special police officer, each special police officer shall take the oath required by Article I, § 9 of the Maryland Constitution before the clerk of the circuit court where the commission is received. If approved, the applicant will be notified by the clerk of the circuit court when to appear. Notification will be made to the address provided with the application.

PERIODS OF COMMISSION

Public Safety Article, Annotated Code of Maryland, Tile 3, §3–411, provides that an appointment issued under this subtitle remains in effect until:

1.   terminated by the railroad company that employs the railroad police officer; or

2.   revoked for cause by the Governor.

Public Safety Article, Annotated Code of Maryland, Tile 3, §3–412, provides that employment of a railroad police officer ends on the retirement, resignation, or termination of the railroad police officer; the powers granted to a railroad police officer under this subtitle end when the employment of the railroad police officer ends; and within 10 days after the employment of a railroad police officer ends, the railroad company that employed the railroad police officer shall file notice with the Governor that the employment has ended.

CHANGE OF ADDRESS

It is the commission holder’s responsibility to ensure the Licensing Division is notified of address or name changes in writing within 10 days. Code of Maryland Regulations, 29.04.06, provides that any change of address regarding the Railroad Police Officer will be submitted in writing, within 10 days, to the Secretary of State Police. This notification will be made on the form provided below. There is no requirement for the commission to be re-issued – the commission holder may continue to use the issued commission. The exception would be if the Railroad Police Officer does not maintain a permanent residence in the State of Maryland or does not have a primary duty assignment located in the State of Maryland. As long as one of the aforementioned scenarios is true, the State of Maryland Railroad Police Commission remains active.

There is no fee to change information maintained by the Licensing Division. E-Mail notifications are not accepted and you may not receive a confirmation of receipt for change of information.

JURISDICTION

Code of Federal Regulations (CFR), Title 49, Volume 4, Chapter II, Federal Railroad Administration, Department of Transportation, Part 207, Railroad Police Officers,  49 CFR 1.49(ff). § 207.3, provides that a railroad may designate employees to be commissioned by a state authority as railroad police officers to serve in the states in which the railroad owns property and that the designated railroad police officer shall be commissioned by the railroad police officer's state of legal residence or the railroad police officer's state of primary employment.

Public Safety Article, Annotated Code of Maryland, Tile 3, §3–406, provides that each railroad police officer has all the powers granted to a peace or police officer and that a railroad police officer may exercise the powers granted under this subtitle only if the railroad police officer:

1.         is on real or personal property owned, leased, operated, or controlled by the railroad company that employs the railroad police officer;

2.         is in fresh pursuit of a suspect;

3.         is requested or authorized to act by the executive officer or chief police officer of a county; or

4.         is ordered to act by the Governor.

Code of Federal Regulations (CFR), Title 49, Volume 4, Chapter II, Federal Railroad Administration, Department of Transportation, Part 207, Railroad Police Officers,  49CFR 1.49(ff), § 207.5, provides that a railroad police officer who is designated by a railroad and commissioned under the laws of any state is authorized to enforce the laws (as specified in paragraph (b) of this section) of any state in which the railroad owns property and to which the railroad has provided notice in accordance with §207.4. Under the authority of paragraph (a) of this section, a railroad police officer may enforce only relevant laws for the protection of:

1.         The railroad's employees, passengers, or patrons;

2.         The railroad's property or property entrusted to the railroad for transportation purposes;

3.         The intrastate, interstate, or foreign movement of cargo in the railroad's possession or in possession of another railroad or non-rail carrier while on the railroad property; and

4.         The railroad movement of personnel, equipment, and materials vital to the national defense.

The authority exercised under this part by an officer for whom the railroad has provided notice in accordance with §207.4 shall be the same as that of a railroad police officer commissioned under the laws of that state.

The railroad police officer's law enforcement powers shall apply only on railroad property, except that an officer may pursue off railroad property a person suspected of violating the law on railroad property, and an officer may engage off railroad property in law enforcement activities, including, without limitation, investigation and arrest, if permissible under state law.

Code of Federal Regulations (CFR), Title 49, Volume 4, Chapter II, Federal Railroad Administration, Department of Transportation, Part 207, Railroad Police Officers,  49CFR 1.49(ff), 49 CFR 1.49(ff). § 207.4, provides that after the designated railroad police officer is commissioned by a state or states, the railroad shall send, by certified mail, written notice to appropriate officials of every other state in which the railroad police officer shall protect the railroad's property, personnel, passengers, and cargo. The notice of commission shall contain the following information:

1.   The name of the railroad police officer;

2.   The badge number, identification number, rank, code, or other identifying information assigned to the railroad police officer;

3.   The date of commission;

4.   The state or states where the railroad police officer is commissioned;

5.   The date the railroad police officer received training or retraining regarding the laws of such state or states;

6.   The name of the railroad official who designated the employee as a railroad police officer; and

7.   Color photographs of the types of badges, identification cards, and other identifying materials the railroad uses to identify its railroad police officers.

    i.    The railroad shall keep copies of all such notices at a central location.

    ii.   The authority set forth in §207.5 shall be effective upon receipt by such state(s) of written notice conforming to the requirements of this section.

LIABILITY

Public Safety Article, Annotated Code of Maryland, Tile 3, §3–407, provides that the railroad company that employs a railroad police officer is liable for any wrongful action or abuse of power by the railroad police officer.

Public Safety Article, Annotated Code of Maryland, Tile 3, §3–409, provides that each railroad police officer who is in uniform and on duty shall wear in plain view a badge that identifies the railroad company that employs the railroad police officer and that each railroad police officer shall carry an identification card issued by the railroad company that employs the railroad police officer.

Public Safety Article, Annotated Code of Maryland, Tile 3, §3–410, provides that each railroad police officer shall receive compensation from the railroad company that employs the railroad police officer. 

For more information pertaining to Railroad Police Commissions CLICK HERE

CHECKLIST – FOLLOW ALONG AND YOU WON'T GO WRONG

1. Licensing Division – General Application - Completely, accurately, legibly, and truthfully completed in ink or by typing. NOTARIZED

2. Receipt containing the tracking number for fingerprints (FBI and State) from an approved electronic fingerprint provider attached to the Licensing Division General Application.

3. Two 1.5 x 1.5 inch passport type photographs of the applicant from the shoulders up. The photos should be in color and the applicant should not be wearing a hat or sunglasses.

4. Certification of Application for Railroad Police Commission form (MDSP Form 29-210). NOTARIZED

5. Authorization for the Release of Information form. NOTARIZED

6.verification Letter or other correspondence from the Maryland Police Training Commission advising that the railroad police officer has met the entry level requirements for a police officer in the State of Maryland as required by the Training Commission.

7. Reachable references willing to speak on the applicants behalf. Difficulty locating references will further delay the application process.

8. Details in response to a yes response on the application. This information must be complete and accurate as a background investigation will be completed. More information is better than too little. Use additional sheets if necessary.

9. Any documentation to respond to issues concerning drug or alcohol abuse and/or addiction from the health care provider as to treatment and prognosis.

10. Any documentation to respond to occurrences by the applicant where he/she was institutionalized (voluntarily/involuntarily) for any psychological evaluation or treatment to include documentation from the health care provider as to treatment and prognosis.

11. If not a United States Citizen, provide one of the following documents; US naturalization Certificate, Valid US Passport, Permanent Residence card, Employment Authorization Card, Birth Certificate (born abroad) and form I-94.

12. Verification provided by the Maryland Department of Public Safety and Correctional Services that the applicant has meet all educational and training requirements required by the Maryland Police Training Commission.

The complete Maryland Code can be accessed by clicking here. This valuable resource allows interested parties to view the applicable laws pertaining to licenses, certifications and commissions sought. All applicants should familiarize themselves with the statutes associated with the product sought.