In these regulations, the following terms have the meanings indicated. Terms Defined. “Abandoned vehicle” has the same meaning as defined in Transportation Article, §25-201(b), Annotated Code of Maryland. "Authority" means the Maryland Transportation Authority. Authority Property. "Authority property" means property owned, leased, operated by, or under the control of the Maryland Transportation Authority. Authority property includes a: Transportation facilities project as defined in Transportation Article, §4-101, Annotated Code of Maryland; and Authority highway as defined in Transportation Article, §21-1401, Annotated Code of Maryland. “Chief of Police” means the Maryland Transportation Authority Police Force's chief police officer. “Disabled vehicle” means a vehicle that has become inoperative on Authority property. “Heavy recovery” means the ability to tow a vehicle having a gross vehicle weight of 80,000 pounds of more. “Heavy recovery equipment” means a heavy-duty tow truck with a heavy-duty hydraulic wheel lift. “Impounded vehicle” means a vehicle that has been taken into police custody. “Park”, “parking”, or “parked” has the meaning stated in Transportation Article, §11-144, Annotated Code of Maryland. “Permit” means a permit to engage in towing, road service, or storage of vehicles disabled or impounded on Authority property, issued in accordance with these regulations. “Permittee” means a towing service company that has been granted a permit by the Chief of Police or the Chief's designee to provide towing, road service, and storage of vehicles on Authority property. “Person” means a natural person, partnership, corporation, fiduciary, association, or other business entity. “Police” means: A person designated as a member of the Maryland Transportation Authority Police Force under Transportation Article, §4-208, Annotated Code of Maryland; or A police officer as defined under Public Safety Article, §3-201(e), Annotated Code of Maryland. “Police Communication Center” means the Maryland Transportation Authority Police Force's communication unit that oversees the dispatch of police, and support personnel and vehicles (i.e., fire, EMS, maintenance, and tow truck, etc.) for both customary and emergency calls. “Road service” means adjustments, repairs, or other vehicle service, including tire repair or replacement, of a minor nature, not requiring more than 1 hour of work or the use of specialized, nonportable equipment. “State” means the State of Maryland. “Towing service company” means a person or company that is licensed to provide commercial towing, road service, and storage of vehicles, but does not include persons towing or servicing their own vehicles. Unattended Vehicle. “Unattended vehicle” means a vehicle that: Is parked on Authority property other than in a designated area; and Has not been occupied or attended for a period of 12 or more hours. “Unattended vehicle” does not include an abandoned vehicle as defined under Transportation Article, §25-201, Annotated Code of Maryland. “Vehicle” has the meaning stated in Transportation Article, §11-176, Annotated Code of Maryland. “Zone” means a specific part of Authority property, which is delineated by the Chief of Police or the Chief's designee, that identifies a particular area for which a towing service company may apply for a permit under these regulations. These regulations govern the application for, and issuance of, permits to towing service companies that provide towing, road service, and storage of vehicles on a 7-day-per-week, 24-hour-per-day basis for disabled vehicles, impounded vehicles, improperly parked vehicles, or unattended vehicles on Authority property. The Authority may, in the public interest, waive all or a portion of these regulations dealing with equipment or other requirements for permits based on the nonavailability of towing service companies that qualify under these regulations in a given area. A towing service company may not provide towing, road service, or storage of disabled or impounded vehicles on or from Authority property unless the towing service company has been granted a permit under these regulations. At least every 5 years, the Authority shall publish on its website and through eMaryland Marketplace a notice of the open application period to apply for a permit under these regulations. Upon such notice, a towing service company shall file an application for a permit with the Maryland Transportation Authority Police in order to obtain a permit to provide towing, road service, and storage of vehicles on Authority property. Applications shall be made on a form provided by the Authority, and shall include: The name, address, and telephone number of the towing service company; The name of the owner or operator of the towing service company; The forms of ownership (for example, sole owner, corporation, limited liability company, or partnership, etc.) of the towing service company; The Authority property or zone for which the towing service company desires a permit; A certification that the towing service company meets the general requirements for all permits as set forth in Regulations .07 and .08; A certification the towing service company: Is registered in accordance with the Corporations and Associations Article, Annotated Code of Maryland, where applicable; Is in good standing and has filed all of its annual reports and filing fees with the State Department of Assessments and Taxation; Has filed with the State Department of Assessments and Taxation the name and address of its resident agent; Has paid, or has arranged for payment of, all taxes due to the State, except those which have been validly contested; Has filed all required returns and reports with the Comptroller of the Treasury, the State Department of Assessments and Taxation, and the Maryland Department of Labor, as applicable; Has paid all withholding taxes due to the State; and Has paid all tolls and civil penalties assessed from citations that are due to the Authority, except those which have been validly contested. An agreement to allow the Maryland Transportation Authority Police or a designated representative to inspect the applicant's equipment and place of business before and at any time during the permit period; and Any organization that provides services to individuals on the road for which the towing service company is an authorized provider. The term of each permit is 5 years, and may be renewed in accordance with these regulations. Each permittee is subject to an annual inspection by the Authority or its agent, which shall include inspection of both the equipment and the premises of the permittee for compliance with the requirements of these regulations. If the permittee fails to pass the inspection, the permit may be suspended or revoked. Application for Permit. A towing service company shall file with the Maryland Transportation Authority Police an application for a permit for the Authority property or zone for which the towing service company desires to provide towing, road service, and storage of vehicles. In order to provide for the highest level of service to the public, it is the intent of the Authority that a qualified towing service company shall be limited to only one Authority property or zone for which it may be issued a permit. If there are no qualified applicants for adjacent Authority properties or zones, then a permittee may apply for and be issued an additional permit. The Chief of Police or the Chief's designee may, from time to time, delineate the towing permit zones on Authority property. The zones may be published on the Authority's website, and a copy will be made available upon request. The Authority reserves the right to establish additional zones or subzones as it considers appropriate to promote safety, efficiency, economy, and service to the public. The Maryland Transportation Authority Police may issue or renew permits, provided that the towing service company is in compliance with the requirements of these regulations and all other applicable laws. A permittee shall comply with the following requirements in order to apply for and maintain a permit under these regulations. A towing service company shall have at least 2 years experience in providing towing services and heavy recovery on a commercial basis. Equipment. A permittee shall be required to have and provide proof of ownership or leasehold of the following equipment: Two heavy-duty tow trucks, one of which shall have a minimum 40-ton crane and one shall have a minimum 25-ton crane, and both trucks shall have a minimum heavy-duty hydraulic wheel lift with a lifting rating of 25,000 pounds, and be capable of towing 80,000 pounds gross vehicle weight. The tow trucks shall carry the following items: Mechanic's tools sufficient for performing minor repairs; A 10-unit first-aid kit; Lights, flares, flags, and reflectors suitable for placing on Authority property and on the truck to warn other motorists of the presence of a disabled or parked vehicle; One dry powder or carbon dioxide fire extinguisher of not less than 10-pound capacity; A light bar mounted on the truck that is clearly visible to oncoming traffic; A shovel and push broom; An air compressor; and Towing equipment necessary for the performance of towing services. One tow truck that has a manufacturer's gross vehicle rating of 14,000 pounds or more, with a crane and a hydraulic wheel lift capable of lifting at least 3,000 pounds, and capable of towing at least 7,500 pounds. This tow truck shall carry the following items: Mechanic's tools sufficient for performing minor repairs; A 10-unit first-aid kit; Lights, flares, flags, and reflectors suitable for placing on Authority property and on the truck to warn other motorists of the presence of a disabled or parked vehicle; One dry powder or carbon dioxide fire extinguisher of not less than 10-pound capacity; A strobe light or LED light bar mounted on the truck that is clearly visible to oncoming traffic; A shovel and push broom; and Towing equipment necessary for the performance of towing services. One rollback truck that has a manufacturer's gross vehicle rating of 14,000 pounds or more, and is capable of carrying passenger vehicles. This truck shall carry the following items: Mechanic's tools sufficient for performing minor repairs; A 10-unit first-aid kit; Lights, flares, flags, and reflectors suitable for placing on Authority property and on the truck to warn other motorists of the presence of a disabled or parked vehicle; One dry powder or carbon dioxide fire extinguisher of not less than 10-pound capacity; A strobe light or LED light bar mounted on the truck that is clearly visible to oncoming traffic; and A shovel and push broom. If any of the permittee's equipment becomes disabled, out of service, or otherwise unavailable, the permittee shall promptly notify the Maryland Transportation Authority Police Detachment Commander within the Authority property or zone. A permittee shall use temporarily, for not more than 20 days, suitable equivalent equipment, owned or leased by the permittee, while the disabled or missing equipment is being repaired or replaced. A permittee shall have available and maintain, at the permittee's expense, a mode of communication capable of communicating with the Authority and the police. The type, design, and condition of the equipment required under this regulation shall be at all times in good operating condition so that the equipment will efficiently perform the work required. All equipment used by a permittee under these regulations shall be subject at any time to inspection by the Maryland Transportation Authority Police Commercial Vehicle Safety Unit. A permittee shall have the ability to accept forms of payment in accordance with Regulation .16 of this chapter. Registration. Each tow truck owned or leased by a permittee shall be properly registered with the Motor Vehicle Administration as a Class T vehicle, and at all times shall display the distinctive registration plate authorized by the Motor Vehicle Administration. Equipment Operators. Equipment operators shall have in their possession a valid commercial driver's license (CDL) with a minimum rating of Class B. Equipment operators shall be familiar with and comply with all Maryland vehicle laws. Equipment operators shall be fully trained and thoroughly familiar with the operation of the equipment being used. Permittees may not employ equipment operators under this regulation who have been convicted of: A felony; A misdemeanor directly related to towing, road service, or storage of vehicles; Driving while intoxicated or under the influence of alcohol, drugs, or any controlled dangerous substance; or A criminal traffic offense. Facilities. A permittee shall have available on its premises the following facilities for use by the motorists of disabled vehicles: A waiting room; A public telephone; Toilet facilities; A garage equipped and maintained to furnish prompt repair service for vehicles towed to its location for repairs, or the ability to arrange for prompt repair service; and A storage space of approximately 50 feet by 100 feet, adequately safeguarded against vandalism and theft, to store towed vehicles. Stored vehicles may only be claimed during normal business hours, unless alternative arrangements are made at least 24 hours in advance. Upon receipt of an application for a permit, the Chief of Police or the Chief's designee may compile and review the required documentation and may conduct on-site inspections, check appropriate business records, and conduct necessary interviews to verify whether the applicant meets the minimum basic requirements identified in Regulations .07 and .08 of this chapter and is otherwise qualified for a permit. If an applicant is determined to be qualified, the Chief of Police or the Chief designee may issue a written permit to the applicant, along with a list of approved rates as described in Regulation .15 of this chapter. If more than one permit is issued for any Authority property or zone, the Maryland Transportation Authority Police and the permittees shall establish a rotation system, subzones, or other system to ensure that the permittees receive fair and equitable distribution of towing and road service calls. If an applicant does not provide a completed application to the Authority or does not meet the minimum basic requirements identified in Regulations .07 and .08 of this chapter, the Chief of Police or the Chief's designee may deny the applicant's permit application, and shall advise the applicant in writing of the reasons why the application is denied. A determination to deny an application based on this section may not be appealed. An applicant may attempt to correct any deficiencies prior to the permit application closing date. If an applicant meets the basic requirements in Regulations .07 and .08 of this chapter, but is determined to be unqualified based on other factors, including but not limited to inadequate prior performance, violations of law, or these regulations, the Chief of Police or the Chief's designee shall advise the applicant in writing of the reasons the applicant is found unqualified and the permit application is denied. A determination of nonqualification and denial of a permit under this section may be appealed in accordance with Regulation .24 of this chapter. The Authority shall allow access onto Authority property to the extent necessary for a permittee to perform services permitted under these regulations. Tolls for a permittee's use of Authority property in connection with services performed under a permit may not be waived. The permittee may recover from the motorist of the towed vehicle the actual cost of the tolls charged for use of Authority property. Unless otherwise required by any rule or regulation, a permittee shall comply strictly with the following provisions: A permittee's vehicle is allowed to enter and leave Authority property only at interchanges or emergency gates designated by the Authority, unless otherwise allowed in writing by the Chief of Police or the Chief's designee. A permittee's vehicle may not travel in a direction opposite to the normal flow of traffic, unless otherwise directed by the police. A permittee's vehicle may make U-turns on Authority property at points designated by the Authority when the permittee is responding to a request for service. However, a permittee's vehicle may not make a U-turn while towing a disabled vehicle, except as authorized by the police. A permittee's equipment operator shall cooperate with and follow all directions of the police and authorized employees of the Authority in all matters concerning clearing of the roadway and traffic control on Authority property. This regulation does not apply if an owner or operator of a vehicle requests a specific towing service company or road service organization, regardless of that entity's ability to qualify under these regulations. The Authority may honor the request if the vehicle is safely on the shoulder of the road and is not impeding traffic flow, unless: It would create an unreasonable time delay; A traffic safety problem exists; or The vehicle is disabled in the roadway as a result of a collision or vehicle fire. When there is a disabled vehicle, impounded vehicle, improperly parked vehicle, or unattended vehicle on Authority property, the police shall request their Police Communications Center to contact the permittee for that Authority property or zone to provide towing or repair services, as required. Towing or repair service requests shall be sent by the Police Communications Center by telephone to the permittee for the Authority property or zone in which the vehicle requiring service is located. Requests shall include: The location of the vehicle or vehicles by mile marker or descriptive references, or both; The numbers and types of vehicles involved, including year, make, and model, if available; The nature of the service requested (for example, towing, tire repair, road service, etc.); and Other pertinent information. In the event of specialized recovery requirements that cannot be met within a reasonable period by a permittee for an Authority property or zone of the Authority, the Police Communications Center shall call the nearest permittee which can provide the specialized equipment. In the event of an accident involving multiple disabled vehicles, the permittee for that property or zone shall be advised of the number of vehicles requiring towing, and shall be given the opportunity to remove all of the vehicles if the permittee has, or can obtain, sufficient equipment to accomplish removal within a reasonable time. If a permittee lacks the equipment to handle multiple removals in a timely fashion, the Police Communications Center shall contact other permittees to assist in vehicle removals. A police communications center shall maintain logs and records of towing service requests and responses. Requests for towing or repair services may be cancelled by the police at any time. Neither the Authority, nor the police are responsible in any way for any costs incurred by a permittee in response to a request that is cancelled, or when a service is not rendered. A permittee shall respond only to requests made by the police for towing or road service on Authority property. In the event of a call or request for towing or road service by someone other than a police communications center, the permittee shall first clear the call with the police communications center before proceeding to the scene. A permittee shall have one daytime and one nighttime toll-free telephone number to receive requests for towing or road service. Answering services or beepers may not be used. A permittee or its employee or employees shall be available on a 7-day-per-week, 24-hour-per-day basis to provide towing, road service, and storage of vehicles. A permittee or its employee or employees shall be available during the permittee's normal business hours for the purpose of releasing a vehicle being stored at the permittee's storage space, when the owner or custodian of the vehicle claims the vehicle. A permittee or its employee or employees shall be responsible for payment of all tolls, including the vehicle performing the tow and vehicles being towed. Permittee's Responsibility to Respond. Upon notification or request by the police for service, a permittee shall respond and shall provide prompt service to an identified vehicle within 30 minutes of receipt of notification, at the location of the vehicle, provided by the police. If such a response cannot be made within the time required, the permittee shall notify the Police Communications Center of the estimated time of response and the reasons for delay. In this event, the Police Communications Center may cancel the request for service and use the services of another permittee or towing service company. Following notification or request by the police, the permittee shall respond immediately to the notification and estimate the time of arrival. Upon arrival at the location of a vehicle, the permittee shall transmit the actual time of arrival and time the service requested is completed. The permittee shall ensure that all its operations conform to all applicable laws and regulations. In performing its services, a permittee shall take precautions to prevent interference with traffic on Authority property. A permittee may refer certain types of towing or road service requests (that is, specialized towing, truck tire repair, etc.) to other companies or businesses allowed to perform these services under the permittee's permit. Before making a referral, the permittee shall obtain written permission from the Chief of Police or the Chief's designee authorizing these referrals to specific companies or businesses. Referred companies or businesses are required to comply with all of the applicable terms and conditions of these regulations and the referring permittee's permit. An equipment operator shall: Perform the towing or road services required in full compliance with all applicable laws, regulations, safety procedures, and police directions; Sweep glass from the roadway and remove all debris and hazards from accident scenes. A permittee and the permittee's equipment operator or operators may not discriminate in any manner against any person because of race, color, religion, creed, age, sex, marital status, national origin, ancestry, or physical or mental handicap. If the operator or owner of a disabled vehicle is absent or unable to give instructions for the disposition of the disabled vehicle, or in the case of an unattended vehicle, the police shall impound the vehicle and direct a permittee to remove the vehicle from Authority property and tow it to the permittee's vehicle storage facility. The police shall provide the permittee with the name and address of the registered owner of the vehicle. If a vehicle becomes an abandoned vehicle, the police shall provide the notices required by Transportation Article, §25-204, Annotated Code of Maryland. Abandoned vehicles that are not claimed within the time prescribed by law may be disposed of in accordance with Transportation Article, Title 25, Subtitle 2, Annotated Code of Maryland. If a vehicle is impounded by the police, the permittee shall tow and store the vehicle as directed by the police. A permittee may not release an impounded vehicle and any personal property contained within it to its owner or other legally authorized claimant unless the law enforcement agency that impounded the vehicle authorizes the release in writing. The permittee shall be authorized to recover the costs of towing and storage from the owner or other legally authorized claimant before releasing the impounded vehicle and personal property. If an impounded vehicle becomes an abandoned vehicle, the police may dispose of the vehicle in accordance with Transportation Article, Title 25, Subtitle 2, Annotated Code of Maryland. The Chief of Police or the Chief's designee shall establish a maximum amount that may be charged by a permittee for services rendered in connection with a permit issued under these regulations. A permittee may not charge more than the maximum amount established for such services, regardless of whether the permittee provides and performs its services on Authority property or at any other place. The Chief of Police or the Chief's designee shall establish a maximum amount that may be charged by a permittee to perform and provide the following services: Towing service for the following types of vehicles: Passenger vehicles, up to and including 3/4-ton trucks; and Commercial vehicles, which include: Vehicles of more than 3/4-ton, loaded or unloaded, Tractor-trailers and towing vehicles, loaded or unloaded, and Buses; Winching service, only if this service is provided for vehicles off a paved or improved portion of any Authority property for: Passenger vehicles, up to and including 3/4-ton trucks, per 1/4 hour of actual winch use to position the disabled vehicle for towing; and Commercial vehicles as described in §B(1)(b) of this regulation, per 1/4 hour of actual winch use to position the disabled vehicle for towing; Other services, which include: Use of dolly wheels or wheel lifts when a vehicle cannot be towed from its front or rear; Connecting air lines; Disconnecting drive shaft; Removing each axle; Road service, excluding labor and materials; and Vehicle storage, charges for which begin accruing 24 hours after the vehicle is towed in for storage for: Passenger vehicles, up to and including 3/4-ton trucks, per day, and Commercial vehicles, as described in §B(1)(b) of this regulation, per day. Miscellaneous Charges. Charges for parts furnished in connection with repairs made by the permittee for vehicles removed from any Authority property may not exceed the rates of the applicable dealer's list cost on parts. Labor Rates for Road and Mechanical Repair. A permittee shall file its labor rates for road and mechanical repair services with the Chief of Police or the Chief's designee. The labor rates may not exceed the prevailing rates in the permittee's area for similar services. The Chief of Police or the Chief's designee shall review the labor rates for road and mechanical repair services as filed by the permittee. If the rates are in accordance with the prevailing rates in the permittee's area, the Chief of Police or the Chief's designee shall approve the rates as filed. If the labor rates for road and mechanical repair services are not in accordance with the prevailing rates in its area, the Chief of Police or the Chief's designee may not approve the rates as filed, and shall require the permittee to file a revised schedule of labor rates for repair services, which shall be consistent with the prevailing rates in the permittee's area. A permittee may not impose a duplicate charge for any services subsequently performed on a disabled vehicle in its garage after the permittee has performed similar services on the vehicle on Authority property before towing the vehicle to the permittee's garage for further servicing. A permittee may impose only one flat-rate charge, as established by the Chief of Police or the Chief's designee for towing a vehicle from its initial location to the permittee's place of business, to its garage or storage facility, or, at the request of the owner or operator, to the nearest interchange off Authority property. A permittee may not impose a charge for either a backward tow or for a hook-up for tow. A permittee may impose a reasonable charge for preparing a vehicle for tow, only in the event of an accident or unusual damage which would prevent a vehicle from being towed without preparation. A vehicle owner or operator requesting service, if available, shall be required to sign a written estimate for the cost of the service. The permittee may also obtain authorization for the estimate by telephone. The Chief of Police or the Chief's designee may, from time to time, increase the maximum charges for services set in accordance with these regulations. Exceptions. A permittee may impose a charge higher than the estimated maximum charges if an operator or owner of a vehicle requests that the vehicle be towed to a place other than the permittee's place of business, or to its garage or storage facility. For this request, a permittee may charge the prevailing rate for similar services performed in the permittee's area. If the operator or owner of a vehicle requests that the vehicle be towed to a place other than the permittee's place of business, its garage or storage facility, or to the nearest interchange off Authority property, the permittee shall record legibly on the statement of charges the: Request made by the operator or owner of the vehicle; and Higher rate, if any, charged by the permittee. The operator or owner of a vehicle for which a permittee provides any services under these regulations is responsible for any charge imposed for those services. Neither the Authority nor the State is responsible or liable for any cost associated with services performed by a permittee. A permittee shall accept all reasonable forms of payment from the owner or operator of a vehicle for whom the permittee has performed a service in accordance with these regulations. A reasonable form of payment includes: United States currency; A check guaranteed by a commercial service; or A major credit card. Personal checks may be accepted at the permittee's discretion. A permittee shall make three copies of a serially numbered statement of charges for each transaction of services performed in accordance with these regulations. One copy shall be provided to the operator or owner of the vehicle for whom the service was performed, one copy shall be provided to the Chief of Police or the Chief's designee within a week after the service has been completed, and one copy shall be retained by the permittee for its records. Each copy of the statement of charges shall clearly and legibly show the following information: The name of the person receiving the service; The year, make, and type of vehicle on which service was performed; The vehicle registration number and the state of registration; The service report number or radio transmission number furnished by the police; The location at which the service was performed by reference to the nearest milepost or the nearest Authority building; The date; The time when service began and when service was completed; The type of work performed; The parts used, if any; The rates charged, itemized separately for each service performed; The towing or road service charge made; The total charge for all the services performed; and If available, the signature of the operator or owner of the vehicle for whom services were performed. The method of billing set forth in this regulation applies to all services that are covered under these regulations, including services performed on a vehicle after it has been towed to a permittee's place of business or garage from Authority property. A permittee shall make available all of its records for inspection by designated representatives of the Authority at all reasonable times. During an inspection by the Authority's representatives, a permittee shall furnish any record, report, or tabulation of services performed on a vehicle pursuant to a permit, as may be required by the inspectors. Within 10 days from the issuance of a permit by the Authority, a permittee shall furnish and maintain with the Chief of Police or the Chief's designee continuing evidence that the permittee has public liability and property damage insurance, as described in this regulation, with an insurance company or companies licensed to do business in the State. The insurance carried by a permittee shall protect the permittee, the Authority, and the State from claims for damages for bodily injury, including death, and for damages to property caused by an act or omission by a permittee or any of the permittee's employees, agents, or representatives in connection with the performance of services under these regulations. The insurance policy shall require that the insurer notify the Chief of Police in writing at least 30 days prior to the effective date of any expiration or cancellation of the policy. A certificate of insurance shall be provided to the Chief of Police or the Chief's designee within 10 days of issuance of the permit. The insurance carried by a permittee shall be in the following amounts: A minimum of $1,000,000 for injuries, including death, to any one person; A minimum of $1,000,000 for any injuries, including death, resulting from any single incident; and A minimum of $1,000,000 for damages to, or destruction of, property as a result of any single incident. By accepting a permit under this chapter, a permittee shall defend, indemnify, and hold harmless the Authority and the State, their members, employees, and agents against all claims, suits, costs of every kind and description, including attorney's fees, and from liability for damages to which the Authority and the State, their members, employees, and agents may be subjected by reason of injury or damage to any person or property due to the acts or omissions of the permittee, its employees, agents, or representatives in connection with the performance of services under these regulations. A permit issued to a permittee may not be transferred to any other person. The Chief of Police or the Chief's designee may deny an application for a permit in accordance with Regulation .09 of this chapter. The following actions are prohibited: Chasing or running wrecks without a proper request from the Police Communications Center; Soliciting at the scene of an accident or disabled vehicle; and Providing towing or road service to a disabled vehicle without clearance from the police. The police may issue citations to enforce these regulations. The Chief of Police or the Chief's designee may warn a permittee, or suspend or revoke a permit in accordance with this regulation when: The Authority receives a complaint from a member of the public or the police regarding the permittee, and the police determine there is a valid basis for the complaint following an investigation; The permittee violates any of these regulations; or The permittee violates any other law that may affect the permittee's ability to adequately perform under these regulations. Letter of Warning. The Chief of Police or the Chief's designee shall issue a letter of warning to a permittee via certified mail upon verification of a complaint for the first time, or, upon the permittee's first violation of any of these regulations. The letter of warning shall: State the substance of the complaint or the law or regulation violated; and Give the permittee an opportunity to explain the complaint or the violation of a regulation within 10 calendar days of the date of receipt of the letter of warning. If the permittee provides an explanation acceptable to the Chief of Police or the Chief's designee, the Chief of Police or the Chief's designee may take no further action regarding the complaint or the violation of a regulation. If the permittee does not provide an explanation that is acceptable to the Chief of Police or the Chief's designee, the letter of warning and related documentation shall become a part of the permittee's records maintained by the Authority. Suspension of Permit. The Chief of Police or the Chief's designee shall suspend a permit upon the verification of a second complaint or upon the permittee's second violation of any of these regulations. A notice of proposed suspension shall be forwarded to the permittee via certified mail and shall state the substance of the complaint or the law or regulation violated. Opportunity for Explanation by Permittee. The notice of proposed suspension shall give the permittee an opportunity to explain the complaint or the violation of the law or regulation within 10 calendar days of the date of receipt of the notice of proposed suspension. The permittee may provide evidence to support its explanation. A permittee's failure to give an explanation shall be cause to sustain the notice of proposed suspension. The Chief of Police or the Chief's designee may accept or reject the permittee's explanation. The period of a second suspension shall be at least 30 days, but not more than 60 days, as may be determined by the Chief of Police or the Chief's designee. The Chief of Police or the Chief's designee shall forward to the permittee via certified mail a written notice of the suspension that identifies the period of suspension. The notice of suspension and related documentation shall become a part of the permittee's records maintained by the Authority. Revocation of Permit. The Chief of Police or the Chief's designee shall revoke a permit: Upon the verification of a third complaint; Upon the permittee's third violation of any of these regulations; or Upon verification of any single violation of the law or these regulations, if the violation is sufficiently egregious to undermine confidence in the permittee's ability to adequately perform under the requirements of the permit. A notice of proposed revocation shall be forwarded to the permittee via certified mail and shall state the: Substance of the complaint, regulation, or law violated; and Any prior complaints or regulations violated. Opportunity for Explanation by Permittee. The notice of proposed revocation shall give the permittee an opportunity to explain the complaint or the violation of law or regulation within 20 calendar days of the receipt of the notice of proposed revocation. The permittee may provide evidence to support its explanation. A permittee's failure to give an explanation shall be cause to sustain the notice of proposed revocation. The Chief of Police or the Chief's designee may accept or reject the permittee's explanation. Upon revocation of a permit, the Chief of Police or the Chief's designee shall forward a written notice of revocation via certified mail to the permittee. Upon revocation of a permit, a permittee may not apply for another permit from the Authority for 1 year. A permittee whose permit is suspended, revoked, or denied pursuant to Regulation .09E of this chapter may appeal the suspension or revocation to the Executive Director of the Authority within 7 calendar days of receipt of the written notice of the suspension, revocation, or denial. The permittee shall submit in writing the reasons why the suspension, revocation, or denial was improper. The Executive Director or the Executive Director’s designee shall review the permittee’s written appeal and shall set a date to conduct a contested case hearing. The Executive Director may delegate the authority to conduct the contested case hearing to the Office of Administrative Hearings in accordance with State Government Article, §10-205, Annotated Code of Maryland. The Executive Director or the Executive Director’s designee shall render a final agency decision in writing. A party to the contested case may appeal an adverse decision as permitted by the Administrative Procedure Act, State Government Article, §10-222, Annotated Code of Maryland. Transportation Article, §§4-204, 4-205, 4-208, 4-208.1, 21-1403, 21-1407, and 26-301 et seq., Annotated Code of Maryland Effective date: January 14, 1991 (17:26 Md. R. 2976) Regulation .01B amended effective April 5, 1999 (26:7 Md. R. 544); January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572); August 4, 2014 (41:15 Md. R. 891) Regulation .02A amended effective April 5, 1999 (26:7 Md. R. 544); April 5, 2010 (37:7 Md. R. 572) Regulation .03 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572) Regulation .03B amended effective April 5, 1999 (26:7 Md. R. 544); December 17, 2018 (45:25 Md. R. 1205) Regulation .03D amended effective August 4, 2014 (41:15 Md. R. 891) Regulation .04 amended effective April 5, 2010 (37:7 Md. R. 572) Regulation .04A amended effective April 5, 1999 (26:7 Md. R. 544) Regulation .04A, B amended effective January 30, 2006 (33:2 Md. R. 83) Regulation .05 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572) Regulation .05 repealed effective December 17, 2018 (45:25 Md. R. 1206) Regulation .06 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572) Regulation .07 amended effective April 5, 2010 (37:7 Md. R. 572) Regulation .07B, C amended effective January 30, 2006 (33:2 Md. R. 83) Regulation .07C amended effective August 15, 1994 (21:16 Md. R. 1384) Regulation .07D adopted effective August 15, 1994 (21:16 Md. R. 1384) Regulation .08A amended effective January 30, 2006 (33:2 Md. R. 83) Regulation .08B amended effective April 5, 2010 (37:7 Md. R. 572) Regulation .08C adopted effective August 15, 1994 (21:16 Md. R. 1384) Regulation .09 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572) Regulation .10 amended effective April 5, 2010 (37:7 Md. R. 572) Regulation .10A amended effective April 5, 1999 (26:7 Md. R. 544) Regulation .11 amended effective April 5, 2010 (37:7 Md. R. 572) Regulation .11A amended effective January 30, 2006 (33:2 Md. R. 83) Regulation .11A, D, E amended effective August 15, 1994 (21:16 Md. R. 1384) Regulation .11B amended effective April 5, 1999 (26:7 Md. R. 544) Regulation .12 amended effective April 5, 2010 (37:7 Md. R. 572) Regulation .12C amended effective April 5, 1999 (26:7 Md. R. 544) Regulation .12E amended effective January 30, 2006 (33:2 Md. R. 83) Regulation .13 amended effective April 5, 1999 (26:7 Md. R. 544) Regulation .13A amended effective August 15, 1994 (21:16 Md. R. 1384) Regulation .13A, B amended effective April 5, 2010 (37:7 Md. R. 572) Regulation .14 amended effective April 5, 2010 (37:7 Md. R. 572) Regulation .14B amended effective August 15, 1994 (21:16 Md. R. 1384); January 30, 2006 (33:2 Md. R. 83) Regulation .15 amended effective April 5, 2010 (37:7 Md. R. 572) Regulation .16A, B amended effective April 5, 2010 (37:7 Md. R. 572) Regulation .17 amended effective April 5, 2010 (37:7 Md. R. 572) Regulation .18 amended effective April 5, 2010 (37:7 Md. R. 572) Regulation .19 amended effective April 5, 2010 (37:7 Md. R. 572) Regulation .20 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572) Regulation .21 amended effective April 5, 2010 (37:7 Md. R. 572) Regulation .22 amended effective August 15, 1994 (21:16 Md. R. 1384); April 5, 2010 (37:7 Md. R. 572) Regulation .24 amended effective April 5, 2010 (37:7 Md. R. 572); October 27, 2014 (41:21 Md. R. 1260) Regulation .24E amended effective August 15, 1994 (21:16 Md. R. 1384)