In this subtitle, “licensee” means the holder of a license issued or privilege granted under the Maryland Vehicle Law.

Except as otherwise provided in § 16-205.1(f) of this article, if the Maryland Vehicle Law or a rule or regulation of the Administration provides that a license or privilege may be suspended or revoked only after a hearing, the Administration shall give the licensee: Written notice of the hearing and any charge made; and An opportunity to be heard in person. The notice required by this section shall: Contain the information required by § 12-204 of this subtitle; Be given at least 10 days before the date of the hearing; and Be sent to the licensee as provided in § 12-114 of this title.

If the Maryland Vehicle Law or a rule or regulation of the Administration provides that an applicant or licensee may request a hearing on refusal, suspension, or revocation of a license or privilege, the Administration shall give the applicant or licensee written notice under § 12-114 of this title of: The refusal, suspension, or revocation; and The right of the applicant or licensee to request a hearing. Except as otherwise provided in the Maryland Vehicle Law, the applicant or licensee may request a hearing within 15 days from the date that the notice required by this section is mailed. The hearing shall be held within 30 days of the date of the request. The Administration shall render a decision within 30 days of a hearing conducted under Title 16, Subtitles 1 through 4 of this article.

Notice of any hearing scheduled by this Administration shall state: The date, time, place, and nature of the hearing; The legal authority and jurisdiction of the Administration to hear the matter; The facts in sufficient detail to enable a party to prepare his case; The nature of the proposed action that the Administration is to consider; The right of a party to call witnesses and offer documentary evidence under the provisions of § 10-213 of the State Government Article; When applicable, the right of a party to request the subpoena of witnesses and the costs thereof; That a copy of the hearing procedures is available on request of a party, and the cost to obtain a copy; The right of a party to the hearing to be represented by counsel; and If a licensee is a party to the hearing, the right of the Administration, on failure of the licensee to appear, to: Order a suspension of the party’s license or privilege until the party appears for a hearing; or Impose any sanction proposed in the notice.

Each hearing shall be held on the date, at the approximate time, and at the place that the Administration specifies, subject to any limitations specifically set forth in the Maryland Vehicle Law.

Except as otherwise provided in this article, a hearing held under the Maryland Vehicle Law shall be conducted in accordance with Title 10, Subtitle 2 of the State Government Article (Administrative Procedure Act - Contested Cases).

In this section the following words have the meanings indicated. “Victim” means a person who dies as the result of the commission of a moving violation by another person. “Victim’s representative” means a member of the family of a victim or a guardian or personal representative of a victim. During the investigation of a moving violation, the investigating agency shall: Inform the victim’s representative of the right to file a victim’s representation notification form with the Administration to request to be notified of a hearing under 16–206(f) of this article; and Provide the victim’s representative with a copy of the victim’s representation notification form developed by the Governor’s Office of Crime Prevention and Policy under subsection (e) of this section. A victim’s representation notification form under this subsection may only be filed at least 30 days before a hearing under § 16–206(f) of this article. If a victim’s representative files a victim’s representation notification form under subsection (b) of this section and the person who committed the moving violation that resulted in the victim’s death requests a hearing under § 16–206(f) of this article, the Administration shall notify: The victim’s representative of the hearing in accordance with § 12–114 of this title at least 21 days before the hearing; and The Office of Administrative Hearings that the victim’s representative has filed a victim’s representation notification form under subsection (b) of this section. Notice provided under this subsection shall state: The date, time, place, and nature of the hearing; The legal authority and jurisdiction of the Administration to hear the matter; The nature of the proposed action that the Administration is to consider; That a copy of the hearing procedures is available on request and without cost to the victim’s representative; The right of the victim’s representative to be present at the hearing; The right of the victim’s representative to submit a written statement for consideration by the Administration at the hearing; and The right of the victim’s representative to make an oral statement for consideration by the Administration at the hearing. If a victim’s representative intends to make an oral statement, the victim’s representative shall notify the Administration at least 10 days before the hearing. If a victim’s representative intends to submit a written statement, the statement shall be submitted to the Administration at least 10 days before the hearing. If a victim’s representative provides notice in accordance with subsection (c)(3)(i) of this section, the Administration shall allow the victim’s representative to make an oral statement for consideration by the Administration at the hearing. If a victim’s representative submits a written statement in accordance with subsection (c)(3)(ii) of this section, the Administration shall: Provide a copy of the written statement to the licensee before the hearing begins; and Consider the written statement at the hearing. The Governor’s Office of Crime Prevention and Policy shall develop and, as necessary, update a uniform victim’s representation notification form that may be filed by a victim’s representative under this section.

Any party to a hearing may request that the testimony presented at the hearing be transcribed. The party requesting the transcription shall pay for its cost. However, if an appeal is taken under § 12-209 of this subtitle, the party need not pay the cost of the transcription if the court finds that the party is indigent.

After a hearing, the Administration may: Refuse, suspend, or revoke the license or privilege of an applicant or licensee; Rescind, continue, or modify any prior action; or Take any other action permitted by the Maryland Vehicle Law. If a decision or order of the Administration is adverse to any party to the hearing, the decision or order: Shall be made in accordance with § 10-221 of the State Government Article; and Unless service is waived by the party, shall be served on the party or the party’s attorney. Subject to § 10-209(b) and (c) of the State Government Article, and except as otherwise provided in this article, if a party fails to appear for a hearing scheduled under the Maryland Vehicle Law, the Administration may: For a hearing scheduled under § 12-203 of this subtitle, impose the sanction proposed in the notice; or For a hearing scheduled under § 12-202 of this subtitle, order: A suspension of the party’s license or privilege until the party appears for a hearing; or The imposition of any sanction proposed in the notice.

Any aggrieved party to a hearing may appeal from a decision or order of the Administration in accordance with this subsection. If the matter concerns the license of an individual to drive and the individual is a resident of this State, the aggrieved party may appeal to the circuit court for the county in which the individual resides. If the matter concerns any other license or privilege of a person, the aggrieved party may appeal to the circuit court for the county in which the principal place of business of the person in this State is located. If the appeal involves a nonresident motorist, the aggrieved party may appeal to the circuit court for the county in which the motorist was convicted of the violation to which the matter relates. If not otherwise provided in this section or elsewhere in the Maryland Vehicle Law, the aggrieved party may appeal to the Circuit Court for Anne Arundel County. The Administrative Procedure Act shall govern in an appeal. Except as provided in § 16-205.1 of this article, if an appeal is filed in a case by an aggrieved licensee, the Administration shall grant a stay of its decision or order for not more than 120 days, unless it appears to the Administration that substantial and immediate harm could result to the licensee or others if the license or privilege is continued pending appeal.