1. A. A facility operator shall submit to the Commission for review and written approval its surveillance operating procedures.

2. B. A facility operator’s surveillance operating procedures shall, at a minimum, require:

   1. (1) Coverage of all areas and transactions enumerated in Regulation .09;

   2. (2) Contingency plans addressing:

      1. (a) Full and partial failure of the surveillance system including:

         1. (i) A contact list with telephone numbers for individuals required to be notified in the event of a failure; and
         2. (ii) Facility closure protocols; and
      2. (b) Planned shutdown of the surveillance system;

   3. (3) A surveillance incident log:

      1. (a) Maintained in:

         1. (i) A book with bound numbered pages that cannot be readily removed; or
         2. (ii) An electronic format equipped with software that prevents modification of an entry after it has been initially entered into the system; and

      2. (b) Documenting the scheduled coverage in §B(1) of this regulation and all other non-routine surveillance activity, such as:

         1. (i) The date and time surveillance is commenced;
         2. (ii) The name of the individual initiating, performing, or supervising the surveillance;
         3. (iii) The reason for the surveillance;
         4. (iv) Whether the suspicious activity involves an alleged regulatory violation or criminal activity;
         5. (v) The name, if known, alias or description of an individual being monitored;
         6. (vi) A description of the activity in which the individual being monitored is engaged;
         7. (vii) A reading on a meter, counter or device that identifies the point on the video recording at which the event was recorded;
         8. (viii) The time at which a video recording is commenced and terminated, if different than when surveillance is commenced or terminated;
         9. (ix) The date and time surveillance is terminated;
         10. (x) A summary of the results of the surveillance; and
         11. (xi) A description of the time, date and cause of any equipment or camera malfunction which occurred during the conduct of surveillance;
3. C. A facility operator may not implement a change or amendment in its surveillance system or surveillance operating procedures approved by the Commission without the prior written approval of the Commission.

Authority: Criminal Law Article, §§ 12-301. 1 and 12-308; State Government Article, §9-110; Annotated Code of Maryland

Effective date:

Regulations .01— .19 adopted as an emergency provision effective August 26, 2013 (40:20 Md. R. 1650); adopted permanently effective December 12, 2013 (40:24 Md. R. 2019)

Regulation .06A amended effective October 22, 2018 (45:21 Md. R. 976)

Regulation .14B amended effective May 25, 2026 (53:10 Md. R. 459)