When payment is made to the Motor Vehicle Administration (Administration) by noncertified check, the check shall be imprinted with the name and address of the payor. In addition, the payor shall provide, on the face of the check, the payor's: Driver's license number; and Home, work, or cellular telephone number. The Administration may request, if the payor is a company, the payor's federal employer's identification number. If the payor is writing a check for another person's transaction, the Administration may require additional identification. The Administration may not accept checks which are not imprinted with the payor's name and address. If the payor is a company and will not disclose upon request the payor's federal identification number, payment shall be made by some method other than by noncertified check. A service charge as set forth in Transportation Article, §12-116, Annotated Code of Maryland, shall be assessed against a person who tenders a check or electronic check to the Administration in payment of any charge or for any other purpose, and whose check is not honored by the bank on which it is drawn. Payment to cover the amount of the dishonored check and the amount of the service charge assessed shall be made immediately after the person receives notice from the Administration. Payment shall be made in United States currency, by certified check, or with a major credit card which has been approved for use by the Administration. The documents, plates, or other property issued to any person failing to make payment after proper notification may be seized and cancelled, as provided in Transportation Article, §12-110, Annotated Code of Maryland. Transportation Article, §12-104(b), Annotated Code of Maryland Effective date: September 22, 1975 (2:23 Md. R. 1413) Chapter revised effective November 3, 1978 (5:22 Md. R. 1674) Regulation .01 repealed and new Regulation .01 adopted effective December 31, 1984 (11:26 Md. R. 2279) Regulation .01 amended effective November 18, 1985 (12:23 Md. R. 2221); January 1, 1992 (18:25 Md. R. 2751); January 29, 1996 (23:2 Md. R. 95) Regulations .01 and .02 adopted, existing Regulations .01—.03 recodified, and chapter name changed as an emergency provision effective March 27, 1992 (19:8 Md. R. 801) (Emergency provisions are temporary and not printed in COMAR) Regulations .01 and .02 adopted, existing Regulations .01—.03 recodified to .03—.05, and chapter name changed effective September 14, 1992 (19:18 Md. R. 1657) Regulation .01A,B amended effective March 27, 2017 (44:6 Md. R. 326) Regulation .01C, F amended effective October 18, 2010 (37:21 Md. R. 1436) Regulation .02 repealed effective March 27, 2017 (44:6 Md. R. 326) Regulation .03 amended effective October 18, 2010 (37:21 Md. R. 1436); March 27, 2017 (44:6 Md. R. 326) Regulation .04 amended effective March 27, 2017 (44:6 Md. R. 326) This chapter contains procedures for administrative hearings in contested cases conducted under the Maryland Vehicle Law. These procedures are in accordance with the Maryland Administrative Procedure Act, State Government Article, §10-201 et seq., Annotated Code of Maryland, and the Maryland Vehicle Law, Transportation Article, §12-201 et seq., Annotated Code of Maryland. In this chapter, the following terms have the meanings indicated. Terms Defined. “Administration” means the Motor Vehicle Administration. “Administrative law judge” means a person authorized to conduct hearings in contested cases under State Government Article, Title 9, Subtitle 16, Annotated Code of Maryland. “Administrator” means the Motor Vehicle Administrator. “Contested case” means a proceeding so defined under the Maryland Administrative Procedure Act. “Licensee” is one whose legal rights, duties, statutory entitlements, or privileges may be affected by the outcome of a contested case, including an applicant for a license issued under the Maryland Vehicle Law. “Party” includes a licensee, the State, and a secured party under a hearing held pursuant to Transportation Article, Title 13, Subtitle 2, Annotated Code of Maryland. In a contested case, all parties shall be afforded an opportunity for hearing after reasonable notice. The notice shall include: The date, time, and place of the hearing; The legal authority and jurisdiction of the Administration to hear the matter, The specific section of each statute and regulation, including a procedural regulation, that is pertinent; 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 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 licensee's license or privilege until the licensee appears for a hearing. Except as provided in §§D and E of this regulation, the notice shall be given at least 10 days before the date of the hearing. A hearing shall be scheduled within 30 days of the date a party requests a hearing. Notice shall be sent to the party as provided in Transportation Article, §12-114, and State Government Article, §10-208, Annotated Code of Maryland. If the Administration has immediately suspended a licensee's driving privilege after determining that there is a likelihood of substantial and immediate danger and harm to the licensee or others, the Administration shall provide a hearing within 7 days of a party's request. A hearing shall be conducted at the location indicated in the notice, except that if the Administration determines that it is necessary to take testimony from a law enforcement officer, the hearing may be convened or reconvened at the Administration's hearing location most convenient to the assigned duty station of the law enforcement officer. Postponements may be granted only for good cause by the Administrator, or the Administrator's designee. In addition, in cases in which an administrative law judge is the trier of fact, the chief administrative law judge, the Manager of the Division of Administrative Adjudication, or their appointees may grant a postponement for good cause. However, once an administrative law judge is assigned a case, the administrative law judge may, for good cause, grant a postponement. Except for good cause, a request for a postponement of a hearing may not be considered unless a written request for it has been received by the Administration not less than 5 days before the scheduled date of the hearing. The written request shall set forth the reasons for the request and shall list at least three dates within the 60-day period following the day of the previously scheduled hearing on which the party and, if applicable, counsel will be available for a hearing. A postponement request shall constitute a waiver of the licensee's right to a hearing or a decision within the time periods established by law. Pursuant to State Government Article, §10-205, and Transportation Article, §12-104, Annotated Code of Maryland, the Administrator delegates authority to hear contested administrative hearings and issue final orders to certain administrative law judges appointed by the Office of Administrative Hearings. Unless specifically provided elsewhere in Transportation Article, Annotated Code of Maryland, or other Motor Vehicle regulations, administrative hearing procedures shall be in accordance with the procedures in COMAR 28.02.01. Each hearing shall be conducted in accordance with the rules of evidence in State Government Article, §§10-213 and 10-214, and Transportation Article, §12-207, Annotated Code of Maryland. Notwithstanding the fact that evidence may have been seized or obtained in violation of a licensee's Fourth Amendment constitutional rights, the evidence is admissible unless the: Police officer, in obtaining or seizing the evidence, acted in bad faith and not as a reasonable officer should act in similar circumstances; or Evidence is otherwise inadmissible under this regulation. Except as provided in §B of this regulation, an individual who is not authorized to participate in the decision-making process of a contested case may not communicate ex parte with the Administrator, the administrative law judge, other trier of fact, or any individual who is involved in the decision-making process with regard to any issue of law or fact in the contested case. The Administrator, administrative law judge, other trier of fact, or any individual who is involved in the decision-making process may communicate with the Administration's staff or with counsel for the Administration as long as those individuals did not participate in the investigation or prosecution of the contested case. If a licensee who has been given notice of the hearing fails to appear for the hearing, the Administration may: Suspend the applicable privilege pending the licensee's appearance at a hearing on a date set by the Administration; or Upon good cause shown to the satisfaction of the Administration as to why the licensee could not appear at the originally scheduled hearing, terminate any suspension imposed under this regulation, and send notice to the licensee of the newly scheduled hearing date. Testimony presented at any hearing may be transcribed. However, a party requesting a transcript prepared by the Administration shall pay for its cost. A party requesting a transcript prepared by a private stenographic service shall pay whatever cost is assessed by the private service. Subject to the court's assessment of costs at the conclusion of a case, a party filing an appeal from a decision of the Administration shall pay the expense of the transcription of the testimony. However, the Administration shall bear the expense of the transcription if the court in which the appeal was filed has waived prepayment of the filing fees pursuant to Maryland Rule 1-325. The Administration shall notify the Office of Administrative Hearings to provide the Administration with the audiotape of the testimony at the hearing. Unless a stenographer designated by the Administration has already recorded this testimony, the Administration shall deliver the audiotape to the private stenographic service designated by the Administration and shall notify the private stenographic service to deliver, to the administrative law judge who presided over the hearing: The original transcript and four copies; and The invoice made payable by the Motor Vehicle Administration. The Administration, after verifying the accuracy of the transcript through the Office of Administrative Hearings, and after the administrative law judge has made whatever corrections that are considered necessary, shall obtain the original transcript and three copies from the Office of Administrative Hearings. Unless the appellant is exempt under §A of this regulation, the Administration may not file the original transcript and record with the court until the appellant reimburses the Administration for the cost of: The original transcript; and Certified copies of the exhibits to be filed with the court. The appellant shall: Comply with the time constraints imposed by Maryland Rule 7-206; and Request from the court any extensions of time for preparing the record and transcript to allow the Administration to file the record and transcript with the court in a timely fashion. A party may request a stay of enforcement of the Administration's decision if an appeal has been filed. A request for a stay shall be in writing and shall include a photocopy of the order for appeal filed with the circuit court. Except for hearings conducted pursuant to Transportation Article, §16-205.1, Annotated Code of Maryland, the Administration shall grant a stay of the Administration's 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. Transportation Article, §§12-104(b) and (e), 12-108, and 12-201—12-209; State Government Article, §§10-201—10-222; Annotated Code of MarylandCh. 14, Acts of 2004 Effective date: February 15, 1973 Chapter revised effective January 23, 1981 (8:2 Md. R. 113) Regulations .01—.05 repealed effective March 21, 1988 (15:6 Md. R. 740) Regulations .01—.14 adopted effective March 21, 1988 (15:6 Md. R. 740) Regulation .02B amended effective September 14, 1992 (19:18 Md. R. 1657); October 1, 2004 (31:18 Md. R. 1351) Regulation .03 amended effective September 14, 1992 (19:18 Md. R. 1657) Regulation .03C amended effective April 22, 1996 (23:8 Md. R. 606) Regulation .05A amended effective September 14, 1992 (19:18 Md. R. 1657); October 1, 2004 (31:18 Md. R. 1351) Regulation .06A amended effective September 14, 1992 (19:18 Md. R. 1657) Regulation .06C amended effective October 1, 2004 (31:18 Md. R. 1351) Regulation .07 amended effective September 14, 1992 (19:18 Md. R. 1657); April 22, 1996 (23:8 Md. R. 606); October 1, 2004 (31:18 Md. R. 1351) Regulation .08 amended effective September 14, 1992 (19:18 Md. R. 1657) Regulation .08A amended effective April 22, 1996 (23:8 Md. R. 606) Regulation .08 repealed effective October 1, 2004 (31:18 Md. R. 1351) Regulation .09D amended effective September 14, 1992 (19:18 Md. R. 1657) Regulation .09 repealed effective October 1, 2004 (31:18 Md. R. 1351) Regulation .10C, D amended and H adopted effective December 21, 1992 (19:25 Md. R. 2206) Regulation .10G amended effective April 22, 1996 (23:8 Md. R. 606) Regulation .11 amended effective September 14, 1992 (19:18 Md. R. 1657) Regulation .14 amended and recodified to Regulation .15 effective September 14, 1992 (19:18 Md. R. 1657) Regulation .14F amended effective April 22, 1996 (23:8 Md. R. 606) Regulation .15 adopted effective November 25, 1991 (18:23 Md. R. 2488) Regulation .15 recodified to Regulation .14 effective September 14, 1992 (19:18 Md. R. 1657) Regulation .15 amended effective April 22, 1996 (23:8 Md. R. 606) Chapter revised effective October 15, 2012 (39:20 Md. R. 1306) This chapter contains administrative procedures governing suspensions of driver's licenses for licensees who have refused a properly requested test or who have submitted to a test which showed a 0.08 or more alcohol concentration, under Transportation Article, §16-205.1, Annotated Code of Maryland. This chapter includes procedures for administrative hearings in contested cases under the Maryland Vehicle Law, which are in accordance with the Maryland Administrative Procedure Act, State Government Article, §10-201 et seq., and Transportation Article, §12-201 et seq., Annotated Code of Maryland. This chapter is meant to be read in conjunction with COMAR 11.11.02. To the extent this chapter conflicts with any other provisions of this title, the provisions of this chapter shall prevail. In this chapter, the following terms have the meanings indicated. Terms Defined. “Administration” means the Motor Vehicle Administration and includes the Office of Administrative Hearings. “Administrative law judge” means a person authorized to conduct hearings in contested cases under State Government Article, Title 9, Subtitle 16, Annotated Code of Maryland. “Alcohol incident” includes: A conviction or probation before judgment for a violation of Transportation Article, §21-902(a), (b), (c), or (d), Annotated Code of Maryland; An offense committed under Transportation Article, §16-205.1, Annotated Code of Maryland; A conviction of Criminal Law Article, Title 2, Subtitle 5, Annotated Code of Maryland; A conviction or offense committed in another jurisdiction which is substantially similar to those offenses referred to in §B(3)(a), (b), or (c); or A violation of an alcohol restriction. “Director” means the Director of the Administrative Adjudication Division, Motor Vehicle Administration, or the Director's designee. “License” means a license to drive as defined in Transportation Article, §11-128, Annotated Code of Maryland. “Licensee” is one whose legal rights, duties, statutory entitlements, or privileges may be affected by the outcome of a contested case. “MVA branch office” means a facility of the Motor Vehicle Administration which provides licensing and titling services. It does not include limited service facilities known as MVA express offices. “Program” means the Ignition Interlock System Program established under Transportation Article, §16-404.1, Annotated Code of Maryland, and approved by the Administration. “Test” means either one or both of the following: A test of a person's breath or of one specimen of a person's blood to determine alcohol concentration; A test or tests of one specimen of a person's blood to determine the drug or controlled dangerous substance content of the person's blood. At the time of, or within 30 days from the date of, the issuance of an order of suspension served by a police officer pursuant to Transportation Article, §16-205.1(b)(3), Annotated Code of Maryland, the person may submit a written request for a hearing to be held before an administrative law judge. Hearing requests shall be made in writing and include the person's: Name; Address; Driver's license number; and Date of birth. A hearing request shall be accompanied by the filing fee required by the Office of Administrative Hearings under COMAR 28.03.01.03. The hearing request may be denied if not accompanied by the required filing fee. A written request for a hearing which is mailed shall be addressed to the Office of Administrative Hearings, 11101 Gilroy Road, Hunt Valley, Maryland 21031-1301, and shall be considered to have been made on the date of the U.S. Postal Service postmark. A written hearing request may be personally delivered to: The police officer at the time of the issuance of the order of suspension; The Administrative Adjudication Division, Motor Vehicle Administration, 6601 Ritchie Highway, N.E., Glen Burnie, Maryland 21062, during regular office hours; or The chief clerk or deputy clerks of the Office of Administrative Hearings during regular business hours. The Administration shall deny a hearing if the person did not: Surrender the driver's license to the police officer or the Administration and refused to sign a certification that the license was not in that person's possession to be surrendered to the police officer and that, upon possession, it will be forwarded to the Administration; or Submit a timely request for a hearing within 30 days of the issuance of the order of suspension. If the hearing request is not made within 30 days of the issuance of the order of suspension, the Administration may grant a hearing if the person was incapacitated to an extent rendering the person incapable of making a timely request. The Administration may grant a hearing if the person who is the subject of the hearing requests a waiver of fees in accordance with State Government Article, §9-1604(b)(2), Annotated Code of Maryland, and COMAR 28.03.01.06, within 30 days of the issuance of the order of suspension and the request for waiver is granted. A stay of an order of suspension issued under Transportation Article, §16-205.1, Annotated Code of Maryland, shall be granted by the Administration in the following circumstances: The person can show a compelling reason for being unable to appear at the scheduled hearing; The Administration cannot provide a hearing within the time period required by Transportation Article, §16-205.1, Annotated Code of Maryland; The person and the Administration agree to a postponement; or The person is otherwise entitled to a stay of the suspension under Transportation Article, §16-205.1(f)(5)(iii) or §16-205.1(f)(6)(iii), Annotated Code of Maryland. The Administration shall be deemed to have agreed to a postponement of a hearing under the following circumstances: The person can show a compelling reason for that person's inability to appear on the scheduled hearing date; The person's attorney presents evidence of a conflict in the attorney's schedule and otherwise conforms with the requirements for postponement requests contained in Regulation .06; or The person can establish to the satisfaction of the Administration that the person did not receive actual notice of the hearing as a result of an error on the part of the Administration. The following circumstances constitute reasons deemed compelling for purposes of the Administration staying an order of suspension after a person fails to appear at a scheduled hearing or requests a postponement: The person is in the military and is not stationed or on leave in Maryland on the date of the scheduled hearing; The person is incarcerated; There has been, within the past 5 days, a death or illness in the immediate family of the person or the person's attorney; or The person or the person's attorney can present satisfactory evidence that the person or the person's attorney was suffering from an incapacitating illness or was injured to the extent that it was impossible to appear for the scheduled hearing. Except as provided in §A, if a hearing request is not made at the time of, or within 10 days from the date of, the issuance of the order of suspension, but within 30 days of the issuance of the order of suspension, the Administration may not stay the order of suspension. The Administration shall determine the location of the hearing. If a postponement or continuance is necessary for any reason, the Administration may change the location of the hearing. A postponement may not result in a stay of the suspension under Transportation Article, §16-205.1(f)(5)(iii)(1) and (f)(6)(iii)(1), unless the Administration has agreed to a postponement pursuant to Regulation .04B and C. For any satisfactory reason other than those designated in Regulation .04B and C, the Administration may grant a postponement if the licensee complies with COMAR 11.11.02.05, but the postponement does not result in a stay of the suspension. A request for the issuance of a subpoena to require the attendance of witnesses or the production of documents shall be in writing and shall contain: The name and complete mailing address of the licensee; The driver's license number of the licensee; The date of the scheduled hearing, if known; The name, address, and telephone number of the attorney, if applicable; A proffer of the expected testimony or evidence and its relevance to the proceeding; and The name and address of the requested witness. The decision to issue a subpoena shall be in the discretion of the Administration. A request may be refused if the testimony or evidence to be offered: Is immaterial, irrelevant, or unduly repetitious; or Does not pertain to a genuine issue in the contested case. If a subpoena request is made, the Administration may defer the decision on the request until the hearing is held. The administrative law judge may take testimony and receive evidence to determine if the request may be granted pursuant to §C of this regulation. The administrative law judge may entertain a proffer from the licensee or the licensee's attorney as to the nature of the witness' testimony. If the administrative law judge decides to issue a subpoena for a witness, the administrative law judge shall continue the hearing and stay the suspension. The Administration may reschedule the hearing at a location most convenient for the witness. A party, other than the Administration, requesting the issuance of a subpoena, shall pay the Administration a fee of $4 for each subpoena issued. Scheduling. A hearing shall be provided by the Administration within the time periods required in Transportation Article, §16-205.1, Annotated Code of Maryland. If the Administration cannot provide a hearing within the time periods required by Transportation Article, §16-205.1, and the suspension period has not begun by the time the hearing is provided, or the Administration stays the suspension under Regulation .04A(2), the Administration or administrative law judge may not dismiss the case. If the Administration cannot provide a hearing within the time periods required by Transportation Article, §16-205.1, and the suspension period has begun as a result of the Administration's delay or oversight, the case shall be dismissed. Evidence. Each hearing shall be conducted in accordance with State Government Article, §§10-201—10-214, and Transportation Article, §§12-201—12-208, Annotated Code of Maryland. Certified copies of medical records of a medical laboratory containing results of a blood test for the alcohol concentration of the licensee shall be admitted at the hearing without the necessity of the personal appearance by the custodian of the records or any other employee of the facility which administered the test. The administrative law judge, on the administrative law judge's own motion or upon request of a party, may allow the testimony of any nonparty witness to be taken by telephone with the consent of all parties. When testimony is taken by telephone, the administrative law judge shall employ appropriate techniques to ensure that the testimony is fully audible to all parties present at the hearing and the testimony is made a part of the hearing record. The parties shall be allowed to fully cross-examine any witness whose testimony is taken using this procedure. If the administrative law judge determines that the testimony of a witness adverse to the licensee may materially assist with making an informed decision on a genuine issue of fact in the case, the administrative law judge may either take the testimony of that adverse witness pursuant to §B(3) or may require the attendance at the hearing of that adverse witness. For the purpose of determining the accuracy of the test result indicating the alcohol concentration of the licensee, the breath testing instrument shall conform to the requirements set forth in COMAR 10.35.02.08.B(2). There shall be a rebuttable presumption that the test result of a test of blood or breath indicating the alcohol concentration of the licensee is accurate. The reliability of breath testing instruments approved in §B(5) of this regulation and the presumption established in §B(6) of this regulation may not preclude a licensee from demonstrating that the specific breath testing instrument used to test the alcohol concentration of the licensee was malfunctioning at the time of testing, or that human error caused the test result to be inaccurate. Record of Hearing. The administrative law judge shall maintain a record of the hearing which shall include all physical evidence submitted by the parties and the mechanical recording of the oral proceedings before the administrative law judge. This regulation governs the dispositions of a hearing for licensees who refused a test or who submitted to a test that showed an alcohol concentration of 0.08 or more, under Transportation Article, §16-205.1, Annotated Code of Maryland. In this regulation, “offense” means a violation of Transportation Article, §16-205.1, Annotated Code of Maryland. The administrative law judge may modify a suspension or issue a restricted license under Transportation Article, §16-205.1(o), Annotated Code of Maryland, if: The licensee did not refuse to take a test or did not have a test result indicating an alcohol concentration of 0.15 or more and did not elect to participate in the Ignition Interlock System Program; and The licensee: Is required to drive a motor vehicle in the course of employment as evidenced by a letter from the employer on the employer's letterhead, or other reliable documentation; Is required to drive a motor vehicle in order to attend an alcoholic prevention or treatment program as evidenced by satisfactory documentation from program officials; Has no alternative means of transportation available to or from the licensee's place of employment and, without the license, the licensee's ability to earn a living would be severely impaired; or Has no alternative means of transportation available to the licensee or the licensee's immediate family members to obtain health care treatment, including a prescription that is necessary for the licensee or the licensee's immediate family. The administrative law judge may modify a suspension or issue a restricted license under Transportation Article, §16-205.1(p), Annotated Code of Maryland, if the licensee refused to take a test or took a test that indicated an alcohol concentration of 0.15 or more only if the licensee agrees to participate in the Program for 1 year. In determining whether a suspension should be modified, the administrative law judge shall consider the need to promote public safety and shall weigh the following factors: The licensee's driving history, particularly any alcohol incidents; and The nature of the offense in question, including, but not limited to, the alcohol concentration level and whether personal injury or property damage occurred. In determining whether to issue a restrictive license, the licensee shall prove that there is a need for a restrictive license by submission of appropriate documentation. An individual who elects to participate or who is ordered to participate in the Program under Transportation Article, §16-205.1, Annotated Code of Maryland, shall comply with all the requirements of the Program under COMAR 11.11.13. If the licensee becomes a participant, but is removed from the Program for one or more violations as set forth in COMAR 11.11.13.04 and .05, the Administration shall notify the licensee that: The licensee's driver's license is immediately suspended; The licensee may request a hearing on the suspension; and The licensee’s driver’s license suspension will be held in abeyance pending the outcome of the hearing. If the hearing is not requested in writing within the 10 days, or if the person fails to appear at a requested hearing, the suspension will take effect on the 46th day after the issuance of the order of suspension. If a hearing is conducted, and the administrative law judge decides a suspension is warranted, the suspension shall take effect immediately upon the administrative law judge's decision to suspend the license. Test Refusals. In the case of a test refusal, the Administration shall suspend the license: 270 days from a person's first offense; and 2 years for a person's second or subsequent offense. Test refusal offenses occurring before and after January 1, 1990, shall be considered in determining the term of suspension to be imposed. Test Results. In the case of a test result indicating an alcohol concentration of 0.08 or more, but less than 0.15 at the time of testing, the Administration shall suspend the license for 180 days for a person's first or subsequent offense. For the purpose of this section, a prior offense is any test result on or after: January 1, 1990, indicating an alcohol concentration of 0.08 or more; or January 1, 2007, indicating an alcohol concentration of 0.15 or more. Test Results Indicating an Alcohol Concentration of 0.15 or More. In the case of a test result indicating an alcohol concentration of 0.15 or more, the Administration shall suspend the license: 180 days for a person's first offense; and 270 days for a person's second or subsequent offense. For the purpose of this section, a prior offense is any test result on or after January 1, 2007, indicating an alcohol concentration of 0.15 or more. A licensee may request a stay of enforcement of the administrative law judge's decision pending judicial review under Transportation Article, §16-205.1(n), Annotated Code of Maryland. A request for a stay does not extend the time for filing an appeal. A request for a stay shall be submitted to the Director in writing and shall include a: Photocopy of the order for appeal filed with the circuit court; and Detailed statement of the reasons a stay is sought. Except as provided in §D of this regulation, a suspension imposed under Transportation Article, §16-205.1, Annotated Code of Maryland, may not be stayed by the Administration pending an appeal. If a person files an appeal and requests in writing a stay of suspension imposed under Transportation Article, §16-205.1, Annotated Code of Maryland, the Director of the Division of Administrative Adjudication of the Administration may stay a suspension if the person: Has appeared before an administrative law judge to contest the suspension of the person's license; Has no other alcohol incidents within the past 5 years; Can demonstrate irreparable injury without the issuance of a stay; and Can demonstrate that the issuance of a stay is not contrary to public safety. Pursuant to Transportation Article, §16-205.1(b)(3), Annotated Code of Maryland, a police officer shall, among other duties, serve an order of suspension on the driver, confiscate the driver's license, and issue a temporary license permitting a person to drive if the person refuses to take a test or takes a test which results in an alcohol concentration of 0.08 or more at the time of testing. A police officer may not issue a temporary license to drive if the: Person's license to drive in Maryland is suspended, revoked, cancelled, refused, or disqualified at the time the order of suspension is served; License that was confiscated was invalid; Person was not entitled to driving privileges for any other reason; Person holds a license issued by another State; or Person is not in possession of the license and the person refuses to sign a certification stating that: The license is not in the person's possession, and Upon repossession the person will immediately surrender it to the Administration. State Government Article, §§9-1604(b), 10-201—10-222; Transportation Article, §§12-104(b), 12-108, 12-201—12-209, 16-117, and 16-205.1; Annotated Code of Maryland Effective date: Regulations .01—.13 adopted as a emergency provision effective January 1, 1990 (17:1 Md. R. 64) (Emergency provisions are temporary and not printed in COMAR) Regulations .01—.13 adopted effective May 28, 1990 (17:10 Md. R. 1220) Regulation .01 amended effective June 8, 1992 (19:11 Md. R. 1016) Regulation .01A amended effective October 1, 1990 (17:19 Md. R. 2321) Regulation .01A amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699) Regulation .02B amended effective October 1, 1990 (17:19 Md. R. 2321) Regulation .02B amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699) Regulation .03 amended effective September 13, 1993 (20:18 Md. R. 1431) Regulation .03A, E, F amended effective October 1, 1990 (17:19 Md. R. 2321) Regulation .03D, E amended effective October 1, 2016 (43:19 Md. R. 1073) Regulation .03E amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699) Regulation .04A and C amended, and D adopted effective October 1, 1990 (17:19 Md. R. 2321) Regulation .06A amended effective October 1, 1990 (17:19 Md. R. 2321) Regulation .08 amended effective October 1, 1990 (17:19 Md. R. 2321) Regulation .08B amended as an emergency provision effective October 18, 1999 (26:23 Md. R. 1775); amended permanently effective February 7, 2000 (27:2 Md. R. 145) Regulation .08B amended effective March 28, 2016 (43:6 Md. R. 409) Regulation .09 amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699) Regulation .09C amended effective October 1, 1990 (17:19 Md. R. 2321); April 22, 1996 (23:8 Md. R. 606); October 1, 2016 (43:19 Md. R. 1073) Regulation .09D amended effective October 1, 1990 (17:19 Md. R. 2321); October 1, 2016 (43:19 Md. R. 1073) Regulation .09-1 adopted as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); adopted permanently effective April 9, 2007 (34:7 Md. R. 699) Regulation .09-1 amended effective November 3, 2008 (35:22 Md. R. 1958) Regulation .09-1B amended effective March 28, 2016 (43:6 Md. R. 409) Regulation .11 amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699); October 1, 2016 (43:19 Md. R. 1073) Regulation .12A amended effective October 1, 1990 (17:19 Md. R. 2321); April 22, 1996 (23:8 Md. R. 606); October 1, 2016 (43:19 Md. R. 1073) Regulation .12C amended, and D adopted effective October 1, 1990 (17:19 Md. R. 2321) Regulation .13A amended effective October 1, 1990 (17:19 Md. R. 2321) Regulation .13A amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699) These regulations are intended to clarify the Administration's policy regarding the furnishing and use of an interpreter pursuant to the Americans with Disabilities Act, 42 U.S.C. §12101. The following terms have the meanings indicated. Terms Defined. “Administration” means the Motor Vehicle Administration. “Deaf and hard of hearing” means an individual who has partial or complete loss of hearing and cannot readily understand or communicate the spoken English language. “Interpreter” means an individual qualified for manual communication or oral interpretation to assist the deaf and hard of hearing. Subject to the provisions of Regulation .05 of this chapter, the Administration shall furnish an interpreter to assist each deaf and hard of hearing individual for the following: Medical Advisory Board interviews; Driver licensing knowledge tests; and Driver skills tests. The Administration shall notify each deaf and hard of hearing individual appearing for an action, described in Regulation .03 of this chapter, that the: Individual is entitled to an interpreter; and Fee charged by the interpreter will be paid by the Administration. An individual entitled to the services of an interpreter shall notify the Administration of this need at least 5 working days before the interview or test so that the Administration may make the necessary arrangements. The Administration shall select a qualified interpreter to assist the individual entitled to the services of an interpreter. To identify a qualified interpreter, the Administration may use a directory of interpreters which is maintained by the courts of this State or select from an agency approved by the Administration to assist the deaf and hard of hearing. If an individual does not provide the Administration the notice required by Regulation .05 and the individual, at no fee to the Administration, provides an interpreter of the individual's choice, the Administration may allow the interpreter to assist the individual subject to the Administration's right to monitor the accuracy of the communication. If the Administration schedules the services of an interpreter and the deaf or hard of hearing individual fails to notify the Administration at least 2 hours before the appointment to cancel the interpreter, the Administration may seek reimbursement for the cost of the interpreter. Transportation Article, §12-104(b), Annotated Code of Maryland Effective date: December 25, 1989 (16:25 Md. R. 2713) Regulation .01 amended effective December 7, 2006 (33:24 Md. R. 1906) Regulation .02B amended effective December 7, 2006 (33:24 Md. R. 1906) Regulation .03 amended effective December 7, 2006 (33:24 Md. R. 1906) Regulation .04 amended effective December 7, 2006 (33:24 Md. R. 1906) Regulation .05 amended effective December 7, 2006 (33:24 Md. R. 1906) Regulation .06 amended effective December 7, 2006 (33:24 Md. R. 1906) Regulation .07 amended effective December 7, 2006 (33:24 Md. R. 1906) The Motor Vehicle Administration shall assess the fees listed in Regulations .02—.06 of this chapter. Service Section Fee A. Title certificate—duplicate 13-805 $40 B. Title certificate—corrected 13-118 80 C. Salvage certificate 13-506 and 13-507 40 D. Salvage certificate—duplicate 13-506 and 13-507 40 E. Inspection fee. Paid by an owner of a vehicle for which a salvage certificate has been issued who is applying for a certificate of title for the vehicle 13-507 75 F. Security interest filing 13-202 40 G. Security interest filing—duplicate 13-953 40 H. Title Transfer—additional service fee 13-112 25 Service Section Fee A. Learner's Instructional Permit (Type 1Initial Noncommercial License). This fee includes issuance of an initial driver's license if the applicant meets all requirements before permit expiration, and includes the $5 fee for the conversion of provisional license to driver's license. 16-111.1, 16-111.2, and 16-122 $65 B. Learner's Instructional Permit (Type 2Subsequent Noncommercial License). This fee applies to learner's permits issued for purposes other than that of the initial license, and includes issuance of the license if the applicant meets all requirements before permit expiration. 16-111.1, 16-111.2, and 16-122 45 C. Noncommercial Driver's License: (1) New issuance 16-111.1 and 16-122 11 per year (2) Duplicate or corrected 16-111.1 and 16-122 30 (3) Renewal 16-111.1 and 16-122 8 per year D. Moped Operator's License: (1) New issuance 16-104.2 and 16-122 30 (2) Duplicate or corrected 16-104.2 and 16-122 30 (3) Renewal 16-104.2 and 16-122 25 E. Commercial Driver's License: (1) Instructional Permit. Includes issuance of license if issued before permit expiration. 16-818 66 (2) New Issuance. If a learner's instructional permit is not required. 16-818 8 per year (3) Skills test 16-818 40 (4) Skills retest 16-818 20 (5) Renewal or conversion 16-818 8 per year (6) Duplicate or corrected 16-818 30 F. Driver's license or privilege to drive—application for reinstatement: (1) Not drug or alcohol related 16-209 90 (2) Drug or alcohol related 16-209 150 G. Ignition Interlock Participation Fee. 16-404.1 47 H. Identification Card: (1) New issuance or renewal 12-301 and 16-122 5 per year (2) Duplicate or corrected 12-301 and 16-122 30 (3) Issued to an incarcerated individual within 60 days of release from the Department of Public Safety and Correctional Services or Federal Bureau of Prisons. 12-301 1 (4) New or corrected issued to youths approved by the Department of Juvenile Services. 12-301 1 (5) New or corrected issued to youths 15 to 20 years of age approved by the Department of Human Services for participation in certain programs. 12-301 1 (6) New or corrected issued to a homeless individual presenting documentation in accordance with COMAR 11.17.21.05A(5). 12-301 1 I. The fee for a driver's license or identification card issued for a period of time other than 5 years may be prorated on a 1-year basis. Service Section Fee A. Special Registration Fees. (1) Special registration plates without emblem or logo. Fee paid on issuance of new or replacement plates. 13-619 and 13-952(b) 20 (2) Special registration plates with emblem or logo. Fee paid on issuance of new or replacement plates. 13-619, 13-619.1, and 13-952(b) 30 (3) Chesapeake Bay registration plates. (a) Fee paid on issuance of new plates. 13-618 25 (b) Annual fee in addition to the annual registration fee required. 13-618 12.50 (4) Special registration plates honoring State Agriculture. (a) Fee paid on issuance of new plates. 13-619.2 25 (b) Annual fee in addition to the annual registration fee required. 13-619.2 12.50 (5) Vintage Registration Plates. (a) Fee paid on issuance of new plates. 13-619.3 80 (b) Annual fee in addition to the annual registration fee required. 13-619.3 10 B. Replacement of registration plates, validation tabs, and registration card. 13-952 40 C. Replacement of registration card of unaffixed validation tabs, or both. 13-950 and 13-951 5 D. Issuance of duplicate or additional registration card. 13-950 5 E. Transfer of registration plates. 13-502.1 15 F. Penalty fee—registration flag or suspension removal. 13-406.1, 26-305, and 27-110 30 G. Unused Registration Plates. This fee applies to the processing of a registration refund. 13-938 0 H. Interchangeable Registrations. (1) New and used vehicle dealer (class 1A plates) 13-940 50 (2) Motorcycle dealer (class 1B) plates 13-941 25 (3) Trailer dealer (class 1C) plates 13-942 32.50 (4) Automotive dismantler, recycler, and scrap processor (class 2) plates 13-943 62.50 (5) Financial institution (class 3) plates 13-944 50 (6) Special mobile equipment (class 4) plates 13-945 62.50 (7) Transporter (class 5) plates 13-946 62.50 I. Temporary Registrations. (1) Temporary registration 13-405 50 (2) Dealer 60-day temporary plate 13-601 50 (3) Nonresident permit for vehicles not subject to registration 13-402.1 27 (4) Nonresident farm vehicle temporary registration plate: 13-935 (a) 30-day temporary plate 20 (b) 60-day temporary plate 40 (c) 90-day temporary plate 60 J. International Registration Plan (IRP) Fees. (1) New cab card (IRP) 12-406 5 (2) Duplicate cab card (IRP) 12-406 5 (3) Registration transfer (IRP) 12-406 5 (4) Temporary IRP authorization certificate 12-406 2 (5) Hunter's permit (IRP) 12-406 10 (6) Trip permit 12-406 15 (7) Nontitled in Maryland IRP registration fee 12-406 12 K. Temporary In-Transit Registration. 13-405.1 20 L. Electronic or Digital 24-Hour Registration. 13-405.2 20 M. High Occupancy Vehicle (HOV) sticker 25 — 108 5 Service Section Fee A. New car dealer. 15-307 $300 B. Used car dealer. 15-307 300 C. Motorcycle dealer. 15-307 200 D. Trailer dealer. 15-307 200 E. Trailer dealer—trailers less than 15 feet in length or boat trailers. 15-307 100 F. Automotive dismantler and recycler. 15-505 250 G. Scrap processor. 15-505 250 H. Factory branch. 15-204 1,000 I. Manufacturer or distributor fee based on number of vehicles transferred to dealers during previous license year, as follows: 15-204 (1) 1—50 vehicles 100 (2) 51—500 300 (3) 501—10,000 500 (4) Over 10,000 vehicles 1,000 J. Wholesale dealer. 15-307 350 K. Vehicle salesperson. 15-406 75 L. Title service agent. 15-603 75 M. Drivers' school license application fee. 15-703 200 N. Drivers' school or branch license (includes 2-year renewal). 15-704 150 O. Driving instructor's license (2-year renewal). 15-805 150 P. Apprentice instructor's permit. 15-805 25 Q. Conversion of an apprentice instructor's permit to an instructor's license. 15-805 25 R. Duplicate/corrected license issued under Title 15. 15-107 20 S. Vehicle inspection station license fees as follows: 23-103 (1) Initial issuance of license 100 (2) Renewal 50 T. Application Fee: (1) Point system conferences 16-212 300 (2) Driver improvement programs 16-212 300 (3) 3-hour alcohol and drug education programs 16-212 200 Service Section Fee A. Vehicle emissions inspection fee. Every other year. 23-205 $30 B. Vehicle emissions reinspection fee. After initial free inspection. 23-207 $30 C. Vehicle emissions inspection advanced testing fee. Every other year. 23-207 $26 D. Vehicle emissions inspection late fee. Per month or part of it. 23-207 $30 E. Vehicle emissions inspection fleet test fee, per vehicle passed. 23-207 $30 F. Driver improvement program fee. 16-212 $60 G. Driver improvement program rescheduling fee. 16-212 $25 H. Alcohol education program fee. 16-212 $100 I. Alcohol education program rescheduling fee. 16-212 $25 J. Shuttle permit - Annual fee. 13-626 $25 K. Motorcycle Safety Training Course. 16-603 (1) Maryland residents—beginners and in-traffic courses $175 (2) Nonresidents - beginners and in-traffic courses $225 (3) Maryland residents—experienced rider course $100 (4) Nonresidents—experienced rider course $125 L. Self-insurance actuarial audit fee. 17-103 $750 M. Copies of driver or vehicle records as follows: 12-113 (1) Certified $15 (2) Noncertified $12 N. Sales of Records. 12-112 (1) Subscriptions: (a) Vehicle safety recall database $125,000 per month (b) Depersonalized sales data – No Personally Identifiable Information $10,000 per month (c) Vehicle Emission Inspection Program test data– No Personally Identifiable Information $5,000 per month (d) Under 21 household insurance file $15,000 per month (2) Except as provided in subsection (1) of this section, sales of partial records $0.50 per record O. Restoration of repossessed documents or plates. 12-110 $25 P. Nonresident Service of Process CJ, 6-313 $61 If the fees established by this chapter conflict with any other provision of COMAR Title 11, Subtitles 11—22, the fees in this chapter prevail. Transportation Article, §12-104(b), Annotated Code of Maryland, and as cited in Regulations .02—.06 of this chapter Effective date: Regulations .01—.08 adopted as an emergency provision effective July 15, 1991 (18:15 Md. R. 1721) Regulations .01—.07 adopted permanently effective January 1, 1992 (18:25 Md. R. 2751) Regulations .01—.06 amended and Regulation .08 adopted as an emergency provision effective July 1, 1992 (19:15 Md. R. 1384) Regulations .01—.06 amended effective December 7, 1992 (19:24 Md. R. 2127) Regulation .02 amended as an emergency provision effective January 11, 2008 (35:3 Md. R. 286); amended permanently effective April 7, 2008 (35:7 Md. R. 749) Regulation .02 amended as an emergency provision effective August 18, 2011 (38:19 Md. R. 1146); amended permanently effective November 14, 2011 (38:23 Md. R. 1422) Regulation .02 amended effective September 1, 2025 (52:17 Md. R. 875) Regulation .02A, B amended as an emergency provision effective August 1, 1993 (20:14 Md. R. 1167); amended permanently effective January 1, 1994 (20:25 Md. R. 1948) Regulation .02A, B amended effective September 1, 2001 (28:16 Md. R. 1483) Regulation .02A—D amended effective September 22, 1997 (24:19 Md. R. 1341) Regulation .02B amended effective February 1, 2016 (42:26 Md. R. 1595) Regulation .02C, D amended effective August 19, 2024 (51:16 Md. R. 743) Regulation .02E, F, and I amended effective July 26, 1999 (26:15 Md. R. 1157) Regulation .03 amended effective July 26, 1999 (26:15 Md. R. 1157); September 1, 2001 (28:16 Md. R. 1483); October 1, 2001 (28:19 Md. R. 1686); April 26, 2004 (31:8 Md. R. 647); November 3, 2008 (35:22 Md. R. 1958) Regulation .03 repealed and new Regulation .03 adopted effective November 2, 2009 (36:22 Md. R. 1724) Regulation .03 amended as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582) Regulation .03 amended effective August 19, 2024 (51:16 Md. R. 743); September 1, 2025 (52:17 Md. R. 875) Regulation .03D amended effective August 29, 2016 (43:17 Md. R. 955) Regulation .03E amended effective April 19, 2010 (37:8 Md. R. 617), Regulation .03G amended effective February 21, 2011 (38:4 Md. R. 264); October 3, 2011 (38:20 Md. R. 1203) Regulation .03H amended effective September 16, 2013 (40:18 Md. R. 1479); February 1, 2016 (42:26 Md. R. 1595); June 26, 2017 (44:11 Md. R. 525); October 16, 2023 (50:20 Md. R. 888) Regulation .04 amended effective July 1, 2001 (28:8 Md. R. 762); September 1, 2001 (28:16 Md. R. 1483); October 1, 2001 (28:19 Md. R. 1686); December 10, 2001 (28:24 Md. R. 2130); December 9, 2004 (31:24 Md. R. 1727); August 19, 2024 (51:16 Md. R. 743) Regulation .04A amended effective January 1, 1994 (20:25 Md. R. 1948); May 10, 2004 (31:9 Md. R. 713); October 1, 2009 (36:19 Md. R. 1437); January 1, 2014 (40:25 Md. R. 2069) Regulation .04B amended effective September 1, 2025 (52:17 Md. R. 875) Regulation .04C amended effective January 1, 1994 (20:25 Md. R. 1948); September 22, 1997 (24:19 Md. R. 1341); January 9, 2000 (26:27 Md. R. 2015) Regulation .04D amended effective October 2, 2000 (27:19 Md. R. 1726) Regulation .04H amended effective October 18, 1999 (26:21 Md. R. 1630); April 29, 2002 (29:8 Md. R. 700) Regulation .04I amended as an emergency provision effective June 20, 2005 (32:14 Md. R. 1274); amended permanently effective September 12, 2005 (32:18 Md. R. 1520) Regulation .04K amended effective July 26, 1999 (26:15 Md. R. 1157); October 2, 2000 (27:19 Md. R. 1726); October 29, 2001 (28:21 Md. R. 1857): November 22, 2004 (31:23 Md. R. 1653) Regulation .04K repealed effective August 29, 2016 (43:17 Md. R. 955) Regulation .04K adopted effective July 1, 2020 (47:13 Md. R. 641) Regulation .04L adopted effective October 31, 2022 (49:22 Md. R. 979) Regulation .04M adopted as an emergency provision effective July 11, 2023 (50:15 Md. R. 680); amended permanently effective October 16, 2023 (50:20 Md. R. 888) Regulation .05 amended effective July 26, 1999 (26:15 Md. R. 1157); September 1, 2001 (28:16 Md. R. 1483); March 1, 2008 (35:4 Md. R. 515); February 1, 2016 (42:26 Md. R. 1595); August 19, 2024 (51:16 Md. R. 743) Regulation .05U repealed effective December 9, 2004 (31:24 Md. R. 1727) Regulation .06 amended effective October 2, 2000 (27:19 Md. R. 1726); December 9, 2004 (31:24 Md. R. 1727); December 20, 2004 (31:25 Md. R. 1791); October 15, 2012 (39:20 Md. R. 1307); August 19, 2024 (51:16 Md. R. 743); September 1, 2025 (52:17 Md. R. 875) Regulation .06E repealed effective August 18, 2014 (41:16 Md. R. 946) Regulation .06E adopted effective February 1, 2016 (42:26 Md. R. 1595) Regulation .06E amended effective August 29, 2016 (43:17 Md. R. 955) Regulation .06L amended effective January 9, 2000 (26:27 Md. R. 2016); August 29, 2016 (43:17 Md. R. 955) Regulation .06M amended effective July 26, 1999 (26:15 Md. R. 1157); March 20, 2000 (27:5 Md. R. 585); August 29, 2005 (32:17 Md. R. 1439) Regulation .06M, P amended as an emergency provision effective September 1, 2004 (31:19 Md. R. 1429); amended permanently effective November 22, 2004 (31:23 Md. R. 1653) Regulation .06T adopted effective April 6, 2009 (36:7 Md. R. 525) The purpose of these regulations is to clarify the Administration's policies in determining if an individual is a resident of the State or domiciled in the State for purposes of enforcing the laws governing the registration of vehicles and the licensing of drivers. An individual who owns, leases, or rents a primary place of residence in this State is a resident if the individual is domiciled in: This State; or Another state but lives in a primary place of residence in this State for more than 1 year. An individual is presumed to be domiciled in this State under §A(1) of this regulation if the individual: Owns, leases, or rents a primary place of residence in Maryland for more than 6 months; Has no other residence in any other state or country; and Is not: A student enrolled in an accredited school, college, or university of this State, an adjoining state, or the District of Columbia, Serving a medical internship in this State, A member of the armed forces of the United States or of the United States Public Health Service and serving on active duty in this State, an adjoining state, or the District of Columbia, Temporarily employed in Maryland for a period not to exceed 1 year, or A visitor or vacationer temporarily maintaining or occupying a residence in this State for a period not to exceed 1 year. An individual domiciled in another state is a resident of Maryland if the individual: Owns, leases, or rents a primary place of residence in Maryland for more than 1 year; and Is not: A student enrolled in an accredited school, college, or university of this State, an adjoining state, or the District of Columbia, Serving a medical internship in this State, or A member of the armed forces of the United States or of the United States Public Health Service and serving on active duty in this State, an adjoining state, or the District of Columbia. The presumption established in §B of this regulation is: Intended to clarify the Administration's policy on the determination of an individual's domicile for purposes of enforcing the laws governing vehicle registration and driver licensing; and Not intended to be binding on a court of law, unless otherwise required by statute or common law. Transportation Article, §§11-149 and 12-104(b), Annotated Code of Maryland Effective date: October 11, 1993 (20:20 Md. R. 1573) Effective date: February 27, 1995 (22:4 Md. R. 236) Regulation .02C amended effective September 20, 2010 (37:19 Md. R. 1284) Regulation .03A amended effective September 20, 2010 (37:19 Md. R. 1284) Regulations .01—.03 repealed effective October 15, 2012 (39:20 Md. R. 1307) This chapter contains procedures governing driver's license and driving privilege suspensions and restrictions imposed for child support noncompliance, pursuant to Transportation Article, §16-203, and Family Law Article, §10-119, Annotated Code of Maryland. In this chapter, the following terms have the meanings indicated. Terms Defined. “Administration” means the Motor Vehicle Administration. “CSEA” means the Child Support Enforcement Administration of the Department of Human Services. "Gainfully employed' means: To have employment with private industry or a government agency, or to be self-employed; If not self-employed to have to complete an Employee Withholding Allowance Certificate (Form W-4, Internal Revenue Service); and To file State and federal income tax returns. “Work-restricted license” means a driver's license issued for the purpose of driving: Directly to and from a scheduled work shift at the individual's place of employment; During scheduled work shifts in the course of employment; or When purchasing motor vehicle fuel or providing general maintenance for the individual's vehicle being driven for employment purposes. “Work-restricted privilege” means the privilege to operate a motor vehicle in the State for the purpose of driving: Directly to and from a scheduled work shift at the individual's place of employment; During scheduled work shifts in the course of employment; or When purchasing motor vehicle fuel or providing general maintenance for the individual's vehicle being driven for employment purposes. A notice of a proposed suspension by the Administration of an individual's driver's license or driving privilege for child support noncompliance shall: Be in writing; Be personally served on the individual or sent by U.S. mail to the individual at the address of the individual on record with the Administration; State the duration of the suspension; and Advise the individual: Of the right, within 10 business days of the notice date, to file a written request for a hearing before the Administration, and That any hearing shall be limited to the issue of mistaken identity. A work-restricted driver's license may be issued or work-restricted privilege authorized by the Administration if the individual certifies that the individual understands the restriction conditions set forth in §B of this regulation. Conditions of Work-Restricted License or Privilege. Individuals shall be gainfully employed. Individuals shall operate a motor vehicle only for the purposes described in Regulation .02B(4) or (5) of this chapter, and may not operate a motor vehicle for any other purpose. A work-restricted license or privilege shall be valid only when no other suspensions, cancellations, revocations, refusals, or disqualifications exist against the individual's driver's license. A work-restricted license issued under this chapter shall be cancelled by the Administration if: The Administration receives notice from CSEA to remove the work restriction; or The driver's license of the individual is suspended, cancelled, revoked, or refused, or the individual is disqualified. Transportation Article, §§12-104(b) and 16-203, Annotated Code of Maryland Effective date: February 24, 1997 (24:4 Md. R. 292) The purpose of this chapter is to comply with the Maryland Public Information Act, General Provisions Article, Title 4, Annotated Code of Maryland, and with the federal Driver’s Privacy Protection Act of 1994 (18 U.S.C. §2721 et seq.) in order to: Maintain the confidentiality of motor vehicle drivers' records including personal information; and Establish procedures for applicants to obtain records eligible to be disclosed. In this chapter, the following terms have the meanings indicated. Terms Defined. “Act” means the Maryland Public Information Act, General Provisions Article, Title 4, Annotated Code of Maryland. “Administration” means the Motor Vehicle Administration. “Applicant” has the meaning stated in General Provisions Article, §4-101, Annotated Code of Maryland. “Certified record” means a motor vehicle record certified by the Administration that is admissible in any judicial proceeding in the same manner as the original record, whose contents and time period covered may vary depending upon the eligibility of the requester under the General Provisions Article, §4-320, and Transportation Article, §12-111, Annotated Code of Maryland. “Custodian” has the meaning stated in General Provisions Article, §4-101, Annotated Code of Maryland. “Government agency” means an agency or unit of the federal, state, or local government, including a law enforcement agency. “Noncertified record” means a motor vehicle record provided by the Administration generally used for informational purposes that may or may not be used in judicial proceedings. “Person in interest” has the meaning stated in General Provisions Article, §4-101, Annotated Code of Maryland. “Personal information” has the meaning stated in General Provisions Article, §4-101, Annotated Code of Maryland. “Public record” has the meaning stated in General Provisions Article, §4-101, Annotated Code of Maryland. “Records” means: Accident reports; Administrative hearing records and exhibits; Alcohol education client records; Applications and other related documents; Certificates or other documents issued by the Administration; Correspondence and reports related to the records listed in §B(11)(a)—(e) and (g)—(m) of this regulation; Driver improvement client records; Driver record histories or other related documents; Financial responsibility judgment case records; Insurance certification documents and uninsured motorist complaint records; Vehicle identification numbers; Vehicle registration records; and Vehicle titles. “Specific identifier” means personal information that identifies an individual or person of interest including that individual's name, address, telephone number, driver's license number, email address, or any other identifying data or number. Pursuant to Transportation Article, §12-111, Annotated Code of Maryland, the Administration shall keep a record of each application or other document with it and each certificate or other official document that it issues. Pursuant to Transportation Article, §16-117, Annotated Code of Maryland, the Administration shall keep a drivers’ record file, which, except as otherwise provided, shall be open for public inspection. An applicant may request an individual's public record by completing a record request form furnished by the Administration which shall include the: Name of the applicant; Signature of the applicant; Business name of the applicant, if applicable; Address of the applicant or business; Name of the record requested; Reason for the request; and Record identification number, such as: Driver's license or Soundex, or Vehicle registration. To determine the applicant's eligibility for release of personal information when appearing in person, the applicant shall furnish a driver's license or State identification card and, if the application is for personal information for a different individual, upon request by the Administration, another form of personal identification such as a: Federal tax identification or other business number; Vendor contract number; Law enforcement identification; Government employment identification; or Professional license number with the name of the licensing agency. In General. Pursuant to Transportation Article, §12-111, Annotated Code of Maryland, subject to General Provisions Article, §4-320, Annotated Code of Maryland, and except as otherwise provided by law, all records of the Administration are public records and open to public inspection during office hours. Records Not Open to Public Inspection. Pursuant to Transportation Article, §§12-111, 16-117, and 16-118, Annotated Code of Maryland, the following records are not open to public inspection: A driving record entry that is over 3 years old; A digital or photographic image or signature; A record or notation of probation before judgment; A record of a first offense of driving with an alcohol concentration of 0.08 or more under Transportation Article, §16-205.1, Annotated Code of Maryland; and Records of the Medical Advisory Board. Exceptions. Records of Any Age. Subject to the provisions of §§B, D and E of this regulation and pursuant to Transportation Article §12-111(b)(3), a driving record entry of any age shall be open to inspection by authorized representatives of any federal, State, or local government agency. Photographic Images and Signatures. A digital photographic image or signature of an individual shall be open to inspection only as set forth in Transportation Article §12-111, Annotated Code of Maryland. Probation Before Judgment Records and Records of a First Offense of Driving With an Alcohol Concentration of 0.08 or More. A record or notation of probation before judgment and a record of a first offense of driving with an alcohol concentration of 0.08 or more shall be open to inspection only as set forth in Transportation Article §16-117, Annotated Code of Maryland. Medical Advisory Board Records. Records of the Medical Advisory Board shall be open to inspection only as set forth in Transportation Article §16-118, Annotated Code of Maryland. Public Records Containing Personal Information. Personal information referred to in General Provisions Article, §4-320(f)(2), Annotated Code of Maryland, shall generally be used in conformity with the purposes of State and federal law, as amended, and specifically in compliance with the following statutes: Federal Automobile Information Disclosure Act (15 U.S.C. §1231 et seq.); Motor Vehicle Information and Cost Saving Act (49 U.S.C. §32101 et seq.); National Traffic and Motor Vehicle Safety Act of 1996 (49.U.S.C. §30101 et seq.); Anti-Car Theft Act of 1992 (49 U.S.C. §33101 et seq.); Clean Air Act (42 U.S.C. §7401 et seq.); Driver’s Privacy Protection Act of 1994 (18 U.S.C. §2721 et seq.); and General Provisions Article, Title 4, Annotated Code of Maryland. At the discretion of the custodian, a public record containing personal information may be released to an applicant not otherwise authorized to receive the information when the applicant: Submits, from the person in interest, a notarized written consent; Is the cosigner for driver licensing while the person in interest is younger than 18 years old; or Applying for a vehicle registration renewal: Presents a registration renewal application signed by the person in interest; or If applying for renewal as co-owner of the vehicle, furnishes identification showing the same address as the other vehicle co-owner. Except as provided in General Provisions Article, §4-320, Annotated Code of Maryland, the Administration shall deny disclosure of personal information and specific identifiers. Disclosure of personal information may be denied if the custodian determines that the requested information is to be used for purposes other than those specified in General Provisions Article, §4-320(e) and (f), Annotated Code of Maryland. Except as provided in General Provisions Article, §4-320, Annotated Code of Maryland, if a record subject to disclosure contains personal information or specific identifiers, the personal information and specific identifiers shall be redacted prior to disclosing the record. A person in interest may consent, or subsequently withdraw consent, to disclose personal information. The consent or withdrawal of consent shall be in writing and mailed or delivered to the Administration's Official Custodian. The request shall include: Soundex or driver's license number; Full name; Date of birth; Signature; and A photocopy of the person in interest's last Maryland driver's license or identification card on record with the custodian. The custodian shall maintain a record of a consent or withdrawal of consent of personal information. Fees for Driver and Vehicle Records. The fees for individual driver and vehicle records shall be as set forth in COMAR 11.11.05.06. Fees for Copies of Records Requested Under the Maryland Public Information Act. The fee schedule for copying records is as follows. Black and White Copies. The fee for each black and white copy of a noncertified record is 3.5 cents per page if reproduction is made by a photocopying machine within the Administration. Color Copies. The fee for each color copy of a noncertified record is 15 cents per page if reproduction is made by a photocopying machine within the Administration. Certified Copies. If an applicant requests a certified record, an additional fee of $3 per record shall be charged. Other Reproductions. If records are not susceptible to photocopying (for example, punch cards, magnetic tapes, blueprints, and microfilm), the fee for copies shall be based on the actual cost of reproduction. Minimum Fee Charged. A charge may not be made if the total amount of the fee is less than $10. Notwithstanding subsection(1) of this section, if the fees for copies, printouts, other reproductions, or certified copies of any record are specifically prescribed by a law or regulation other than the Act or this regulation, the prescribed fee shall be charged. Before copying a record, the custodian shall estimate the cost of reproduction and obtain prepayment of any estimated fee before reproducing the record. Fees for Search and Retrieval of Records Requested Under the Maryland Public Information Act. Except as provided in subsection (2) of this section, the official custodian may charge reasonable fees for officials’ or employees’ time expended searching for requested records or for any time expended preparing records for inspection and copying. The official custodian may not charge any search or preparation fee for the first 2 hours of official or employee time needed to respond to a request for information. The fee schedule for search and preparation is as follows: Computer Programming and Retrieval. The fee for computer programming and electronic retrieval of records is $250 per hour. Clerical. The fee for clerical time expended for search and retrieval of documents is $30 per hour. Waiver of Fees. Upon request, the official custodian may waive or reduce any fee charged pursuant to the regulation if: When requesting an individual’s own driving record, the individual displays identification acceptable to the Administration; or When requesting all other records, the custodian determines that the waiver or reduction is in the public interest, considering, among other relevant factors, the ability of the applicant to pay the cost or fee. Records for Government Agencies. On request, the Administration may provide certified or noncertified records to government agencies without charge. The Administration may provide up to five records to government agency representatives who provide official identification at the time of making the request. Multiple Requests. Requests from government agencies for more than five records without charge shall be made on the agency’s letterhead, and shall be addressed to the Motor Vehicle Administration, Custodian of Records, 6601 Ritchie Highway, Glen Burnie, Maryland 21062. If the applicant requests that copies be mailed or delivered to the applicant, the custodian may charge the applicant for the cost of postage or delivery to the applicant. General Provisions Article, Title 4; Transportation Article, §§12-104(b), 12-111—12-113, 16-117, 16-118, 16-819, and 16-904; Annotated Code of Maryland Effective date: February 23, 1998 (25:4 Md. R. 244) Regulation .01 amended effective July 24, 2000 (27:14 Md. R. 1342); October 15, 2012 (39:20 Md. R. 1307); February 24, 2020 (47:4 Md. R. 261) Regulation .01-1 adopted effective October 15, 2012 (39:20 Md. R. 1307) Regulation .02B amended effective December 20, 2004 (31:25 Md. R. 1791); October 15, 2012 (39:20 Md. R. 1307); February 24, 2020 (47:4 Md. R. 261) Regulation .03B amended effective July 24, 2000 (27:14 Md. R. 1342); October 15, 2012 (39:20 Md. R. 1307) Regulation .04 amended effective October 15, 2012 (39:20 Md. R. 1307) Regulation .04A, D amended effective February 24, 2020 (47:4 Md. R. 261) Regulation .05 amended effective October 15, 2012 (39:20 Md. R. 1307) Regulation .05B, C amended effective October 24, 2005 (32:21 Md. R. 1708) Regulation .06 amended effective July 24, 2000 (27:14 Md. R. 1342); October 15, 2012 (39:20 Md. R. 1307); February 24, 2020 (47:4 Md. R. 261) Regulation .07 amended effective July 24, 2000 (27:14 Md. R. 1342) Regulation .07B amended effective October 15, 2012 (39:20 Md. R. 1307) Regulation .08 adopted effective October 15, 2012 (39:20 Md. R. 1307) This chapter contains procedures governing the refusal to register or transfer registration and for the suspension of the driver's license or privilege to drive of an individual who has an outstanding warrant, pursuant to Transportation Article, §§13-406.1 and 16-204, Annotated Code of Maryland. In this chapter, the following terms have the meanings indicated. Terms Defined. “Administration” means the Motor Vehicle Administration. “Law enforcement agency” has the meaning stated in Transportation Article, §13-406.1, Annotated Code of Maryland. “License” has the meaning stated in Transportation Article, §11-128, Annotated Code of Maryland. “Outstanding warrant” has the meaning stated in Transportation Article, §13-406.1, Annotated Code of Maryland. A participating law enforcement agency is responsible for transmitting outstanding warrant information to the Administration in a format specified by the Administration. A participating law enforcement agency may not report outstanding warrant information to the Administration until: The outstanding warrant is 31 days old or older; and The law enforcement agency has made at least one attempt to serve the warrant, but failed to serve the individual named in the outstanding warrant due to the inability to locate the individual. Upon notification from a participating law enforcement agency that an individual has an outstanding warrant, the Administration shall: Refuse to register or transfer the registration of any vehicle owned by the individual; and Suspend the driver's license or driving privilege of the individual. Before refusing to register or transfer a vehicle registration and suspending the driver's license or privilege to drive of an individual with an outstanding warrant, the Administration shall send notice to the individual. The notice shall: Be in writing; Be personally served on the individual or sent by U.S. mail to the individual at the address on record with the Administration; and Advise the individual: That the registration or transfer of any vehicle owned by the individual has been refused and their driver's license or privilege to drive has been suspended; Of the right to contest, within 15 days of the notice date, by making a written request for an administration hearing; That the hearing request under this section shall be limited to the issue of mistaken identity; and To contact the reporting law enforcement agency to resolve any questions regarding the outstanding warrant. The Administration shall continue to refuse to register or transfer a vehicle registration and to suspend the driver's license or privilege to drive of an individual with an outstanding warrant until: The Administration is ordered by a court to register or transfer the vehicle registration and reinstate the driver's license or privilege to drive of the individual; or The participating law enforcement agency notifies the Administration that: The individual named in the outstanding warrant has been arrested; or The outstanding warrant has been satisfied. The participating law enforcement agency shall notify the Administration within 24 hours of a warrant being satisfied. Transportation Article, §§12-104(b), 13-406.1, and 16-204, Annotated Code of Maryland Effective date: April 29, 2002 (29:8 Md. R. 701) The purpose of this chapter is to establish the eligibility criteria to be used in determining when a financial hardship exists that may exempt a repeat alcohol offender from the requirement of having an ignition interlock system installed and maintained on each vehicle owned or co-owned by the offender. In this chapter, the following terms have the meanings indicated. Terms Defined. “Administration” means the Motor Vehicle Administration or the Office of Administrative Hearings. “Administrative law judge” means a person authorized to conduct administrative hearings under State Government Article, Title 9, Subtitle 16, Annotated Code of Maryland. “Financial hardship” means documented proof: Acceptable to an administrative law judge, the Administration, or an approved ignition interlock vendor that a person is eligible for or receiving assistance under the provisions of COMAR 07.02.04.03A and B, 07.03, 07.06.06, 07.06.09, 10.02.03, 10.09.24, 10.09.25, or 10.22.01, or under the provisions of Health-General Article, §§7-406, 7-503, 7-801(3), 7-802(d), or 10-708, Annotated Code of Maryland; or That a person meets the income guidelines for the Federal Supplemental Nutrition Assistance Program or the Maryland Food Supplement Program. “Repeat alcohol offender” means a person who has been convicted of more than one violation of Transportation Article, §21-902(a), Annotated Code of Maryland, within a 5-year period. When a repeat alcohol offender receives notification from the Administration of the requirement to install and maintain an ignition interlock system on all vehicles owned and co-owned under Transportation Article, §16-205, Annotated Code of Maryland, the offender may request a hearing to present evidence of financial hardship so that the vehicle or vehicles may be considered for exemption from the requirement. A repeat alcohol offender requesting a vehicle exemption due to a financial hardship shall submit a written request for a hearing with a request for consideration for a vehicle exemption due to a financial hardship within 15 days of the notice date. The repeat offender shall provide documented proof of financial hardship as defined in Regulation .02 of this chapter to be considered by the administrative law judge at the administrative hearing. The Administration shall deny any request for an ignition interlock vehicle exemption due to a financial hardship if the person does not submit a timely request for a hearing within 15 days of the notice date. At the administrative hearing the administrative law judge shall consider a request for exemption of a vehicle or vehicles owned and co-owned by the repeat alcohol offender, if the offender meets the criteria for a financial hardship. The repeat offender has the burden of proof of a financial hardship. If an administrative law judge determines that a repeat offender has a financial hardship, the Administration shall exempt any vehicle designated by the administrative law judge from the requirement of installing and maintaining an ignition interlock system on the designated vehicle. Transportation Article, §§12-104(b) and 16-205, Annotated Code of Maryland Effective date: September 1, 2003 (30:17 Md. R. 1204) Regulation .02B amended as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582) The purpose of this chapter is to establish: Procedures for the disqualification of commercial vehicle driving privileges for convictions of certain offenses determined by State and federal law as serious violations; The period of disqualification for serious violations under this chapter; Procedures for an emergency disqualification; Conditions for reinstatement and denial of a lifetime disqualification; and Requirements to comply with federal regulations that were created to ensure uniformity among commercial driver license systems and to reduce or prevent commercial vehicle accidents, fatalities, and injuries. In this chapter, the following terms have the meanings indicated. Terms Defined. “Administration” means the Motor Vehicle Administration. “Cancel” has the meaning stated in Transportation Article, §11-107, Annotated Code of Maryland. “Commercial driver's license” has the meaning stated in Transportation Article, §11-109, Annotated Code of Maryland. “Commercial motor vehicle” has the meaning stated in Transportation Article, §16-803, Annotated Code of Maryland. “Disqualification” has the meaning stated in 49 CFR §383.5. “Imminent hazard” has the meaning stated in 49 CFR §383.5. “Serious traffic violation” has the meaning stated in 49 CFR §383.5. A driver or holder of a commercial driver's license shall be disqualified from operating a commercial motor vehicle for a period of 60 days for a second conviction of any combination of serious traffic violations incurred in a separate incident within a 3-year period while operating a: Commercial motor vehicle; or Noncommercial motor vehicle if the conviction results in the revocation, cancellation, refusal, or suspension of the individual's driver's license or privilege to drive. A driver or holder of a commercial driver's license shall be disqualified from operating a commercial motor vehicle for a period of 120 days for a third conviction of any combination of serious traffic violations incurred in a separate incident within a 3-year period while operating a: Commercial motor vehicle; or Noncommercial motor vehicle, if the conviction results in the revocation, cancellation, refusal, or suspension of the individual's driver's license or privilege to drive. A disqualification imposed under this chapter shall be in addition to any other period of disqualification. A driver or holder of a commercial driver's license shall be disqualified from operating a commercial motor vehicle for a major traffic violation for 1 year, 3 years, or for life as specified in 49 CFR §383.51(b). On notification from the Federal Motor Carrier Safety Administration that a driver has been determined to constitute an imminent hazard and has been disqualified pursuant to 49 CFR §383.52, the Administration shall enter the disqualification on the driver's record. A driver who is simultaneously disqualified under 49 CFR §383.52 and under the provisions of any other federal regulation or State law or regulation shall serve those disqualification periods concurrently. An individual with a lifetime disqualification may request reinstatement of the individual's commercial driving privilege if: A 10-year disqualification period has expired from the date of the lifetime disqualification; The individual has voluntarily entered and successfully completed the approved rehabilitation program or programs required by the Administration; The individual had a valid driver's license during that 10-year period; The individual has no record of any moving violations during the lifetime disqualification period; and The individual has met all the reinstatement requirements under 49 CFR §383.51. The Administration, after an investigation of the individual's habits, health, and driving ability and referral to the Medical Advisory Board established under Transportation Article, §16-118, Annotated Code of Maryland, may determine if it will be safe to reinstate the individual's commercial driving privilege. The decision to grant the reinstatement shall be solely at the discretion of the Administrator or Administrator's designee. If the reinstatement of the individual's commercial driving privilege is granted, the Administration shall require the applicant to submit to all testing requirements under Transportation Article, Title 16, Subtitle 8, Annotated Code of Maryland, and COMAR 11.17.14. If an individual who has been reinstated with a commercial driving privilege under the provisions of this regulation is subsequently convicted of a disqualifying offense described in 49 CFR §383.51, the lifetime disqualification of the individual's commercial driving privilege shall be reinstated and any future request for reinstatement of the commercial driving privilege shall be denied. The Administration may not issue any type of temporary, conditional, or work restricted license permitting an individual to drive a commercial motor vehicle during any period in which the individual's driving privilege is disqualified, refused, cancelled, suspended, or revoked in this or any other state in accordance with Transportation Article, §16-808, Annotated Code of Maryland, and 49 CFR §384.210. An applicant for a commercial driver's license with a restriction imposed under Transportation Article, §16-113(a)(1), Annotated Code of Maryland shall be issued a commercial driver's license with the restriction if it is determined by the Medical Advisory Board that the individual is physically qualified to operate a commercial motor vehicle. After disqualifying a nonresident driver from operating a commercial motor vehicle, the Administration shall notify the licensing authority of the state that issued the commercial driver's license. The notice of disqualification shall: Be sent within 10 days of the disqualification; and Include the violation that resulted in the disqualification. Upon notification from a licensing authority from another state that a Maryland resident driver has been disqualified from operating a commercial motor vehicle in that state, the Administration shall notify the resident driver of the disqualification from operating a commercial motor vehicle in Maryland. The notice of disqualification shall include: The violation that resulted in the disqualification; and The effective date of the disqualification. If a commercial driver’s license holder fails to submit their medical certification as required under 49 CFR §§391.43 and 391.45, the Administration shall cancel the commercial driver’s license privilege of the holder. The Administration may immediately reinstate the noncommercial Class C privilege of the driver in accordance with Transportation Article, §16-812(o), Annotated Code of Maryland. Transportation Article, §§12-104(b), 16-208.1, 16-808, 16-812, and 16-820,Annotated Code of Maryland; 49 CFR §§383.51, 383.52, 384.208, and 384.210 Effective date: September 30, 2005 (32:19 Md. R. 1588) Regulation .02B amended effective October 10, 2016 (43:20 Md. R. 1110) Regulation .07 adopted effective April 9, 2007 (34:7 Md. R. 699) Regulation .07 amended effective April 19, 2010 (37:8 Md. R. 617) Regulation .08 adopted effective November 3, 2008 (35:22 Md. R. 1958) Regulation .09 adopted effective October 10, 2016 (43:20 Md. R. 1110) The Ignition Interlock System Program established by the Administration under Transportation Article, §16-404.1, Annotated Code of Maryland, requires certain individuals who are convicted of a certain offense under certain circumstances to participate in the Program, requires certain individuals to participate in the Program as a condition of modification of a license suspension or revocation, and allows certain individuals with an alcohol-related driving offense or conviction to participate in the Program as a condition of continued licensure. The purpose of this chapter is to establish the eligibility requirements for participation in the Program, to monitor the participants, and to define the administrative action to be taken if a participant violates the conditions or requirements of the Program. In this chapter, the following terms have the meanings indicated. Terms Defined. “Administration” means the Maryland Motor Vehicle Administration. “Approved service provider” or “service provider” has the meaning stated in Transportation Article, §16-404.1, Annotated Code of Maryland. “BAC” means the breath alcohol concentration determined by a breath analyzer that measures the amount of alcohol in an individual's breath. “Ignition interlock device” or “interlock device” means an ignition interlock system as defined under Transportation Article, §21-902.2, Annotated Code of Maryland. “Interlock” means the mechanism by which a motor vehicle is prevented from starting when the test result of an individual's breath alcohol analysis exceeds a preset alcohol concentration level. “Participant” means an individual enrolled in the Ignition Interlock System Program. “Program” means the Ignition Interlock System Program established by the Administration under Transportation Article, §16-404.1, Annotated Code of Maryland. “Reporting period” means the time period that begins at the time of installation of the ignition interlock device and reoccurs every 30 days thereafter until the successful completion of the Program. “Service Provider Certification” means an electronic verification that the data recorded by the device, and certified as accurate by the participant’s approved service provider, and transmitted to the Administration in the 3 consecutive months prior to the participant’s completion date did not contain any of the violations specified in Transportation Article, §16-404.1(n), Annotated Code of Maryland. “Successful completion” means satisfactorily fulfilling all the conditions for participation in the Program and the Administration is in receipt of the Service Provider Certification. To enroll as a participant in the Program, an individual shall: Have a valid Maryland license that is not currently suspended, revoked, cancelled, or refused in this or any other state; Notify the Administration, in writing, of the individual's choice to participate in the Program; Have an interlock device installed in the individual's vehicle by an approved service provider; Surrender all Maryland driver's licenses, including a temporary license, or submit a signed statement certifying no driver's license is in the individual's possession; Submit the service provider's completed sealed enrollment form to a full service Administration office; Pay the required ignition interlock participation fee as set forth in COMAR 11.11.05; and Obtain a Maryland driver's license with an interlock restriction. An individual will not receive credit for participation in the Program unless. All the requirements set forth in §A of this regulation have been complied with; and The individual obtains a restricted driver’s license before the earlier of 30 days from installation of the ignition interlock or their first ignition interlock monthly calibration. An individual may only receive credit towards participation while they hold a valid driving privilege. Except when the participant is a repeat offender subject to the provisions of Transportation Article, §16-205(e), Annotated Code of Maryland, an employer waiver, allowing the participant to drive an employer vehicle in the course of the participant’s employment during normal working hours, may be granted by the courts, or by the Administration, with submission of documentation of current employment and the need for the participant to operate the motor vehicle in the course of employment, in a form that is acceptable to the Administration. An individual who requests an administrative hearing to show cause why the individual’s driver’s license should not be suspended or revoked is no longer eligible to participate in the Program unless: The individual withdraws the request for an administrative hearing and completes all the requirements set forth in §A of this regulation; or The individual’s license suspension or revocation is modified by a final decision of an administrative law judge of the Office of Administrative Hearings to allow participation in the Program. If the device is installed in a vehicle not owned by the participant, the individual shall provide the Administration with a notarized signed statement from the owner of the vehicle authorizing the installation of the interlock device. The participant shall abide by the terms and conditions of the service provider's agreement, including payment of all costs and fees associated with the Program. The Administration ignition interlock participation fee may be waived for participants experiencing financial hardship as set forth in COMAR 11.11.11.02. As a condition of continued enrollment in the Program, a participant shall have the interlock device serviced and data downloaded by a service provider, at a frequency not to exceed 30 days. A participant is in violation of the Program requirements if the individual: Receives a suspension, revocation, refusal, or cancellation of the individual's driving privilege; Has the interlock device installed in a vehicle with an expired or invalid registration; Removes the interlock device without prior approval from the Administration; Operates a vehicle without an ignition interlock device installed in the vehicle; Tampers with, bypasses, damages, or otherwise removes or renders the ignition interlock device inoperable, or allows another individual to tamper with, bypass, or render the device inoperable; Attempts to start or operate a vehicle with a breath alcohol concentration greater than 0.025 percent, unless there is a subsequent test reading within 10 minutes that indicates a breath alcohol concentration below 0.026 percent; Fails to submit to a retest after starting the vehicle; Fails to operate the interlock-equipped vehicle at least 50 times during a reporting period as recorded on the interlock device; Fails to take the interlock-equipped vehicle to a scheduled monthly monitoring appointment with the service provider as set forth in Regulation .03F of this chapter; Fails to abide by the terms and conditions of the participant's agreement with the service provider; Allows another individual to blow into the interlock device while the participant is operating the vehicle; Participates in any other act or use of the interlock device that poses a threat to highway safety; or Receives an Order of Suspension under Transportation Article, §16-205.1, Annotated Code of Maryland. The Administration shall notify the participant when one or more violations are found during a reporting period. When a violation of the Program is found, there is a presumption that the violation has been committed by the participant when the person is not clearly visible and identifiable in the interlock device camera image. If a participant alleged to have committed a violation of the requirements of §A(7) of this regulation is deaf or hard of hearing, the Administration shall consider this circumstance when evaluating whether to assess a violation prior to removal from the Program. The Administration may remove a participant from the Program and reinstate the original suspension or revocation if the Administration finds any violation of the Program requirements set forth in Regulation .04 of this chapter. The Administration may extend the participant's required period of participation: By 30 days for a violation of the Programs requirements set forth in Regulation .04A(6), (7), (8), or (10); or By 90 days from the date of a violation if in the last three months before a participant’s date of release from the program: The participant violates the requirements set forth in Regulation .04A(7); or The participant attempts to start a vehicle with a breath alcohol concentration of 0.04 percent or more, unless there is a subsequent test reading within ten minutes that indicates a breath alcohol concentration below 0.04 percent. The Administration shall remove a participant from the Program and reinstate the original suspension or revocation if the Administration finds any violation of Program requirements set forth in Regulation .04A(1), (2), (3), (4), (5), (9), (11), (12), or (13). The Administration shall notify the participant of the removal from the Program and reinstatement of a suspension or revocation, or of the Administration's decision to extend the participant's required period of participation in the Program. Credit for the time served in the Program is not given to a participant removed from the Program before successfully completing the individual's required period of participation. If a person is removed from the program before successfully completing the program, that person may request that the Administration allow re-enrollment and entry into the program no earlier than 30 days from the date of the participant’s removal. A person who re-enters the program pursuant to this regulation shall be required to complete the full original period of assignment to the interlock program. A person who fails to successfully complete the Program will not receive credit towards future participation in the program arising from the same incident. The Administration may determine that a violation did not occur on receipt of verified documentation or other information satisfactory to the Administration from: The participant, within 15 days of the notice of violation date, explaining why the participant contends the violation was not committed; or The participant's interlock service provider, indicating a reported violation resulted from a malfunction of the installed device for which the participant was not responsible. An individual participating in the program who is notified by the Administration that the individual will be removed for violations of the Program under this chapter, may: Request a hearing on the suspension or revocation resulting from the removal from the Program; and Have the suspension held in abeyance pending the outcome of the administrative hearing. The interlock unit shall remain installed in the vehicle until a final decision is rendered at the hearing regarding the individual’s participation in the interlock program. This chapter does not limit the Administration's authority to: Refer a participant to the Medical Advisory Board; or Require that a participant in the Program be actively enrolled in or have completed a certified alcohol treatment or substance abuse program. An individual has successfully completed the Program when: The participant satisfactorily fulfilled all the conditions for participation in the Program; and The Administration is in receipt of the Service Provider Certification as required in Transportation Article, §16-404.1(n), Annotated Code of Maryland. A person who successfully completes the Program will receive credit towards future participation in the Program arising from the same incident. Transportation Article, §§12-104(b), 16-205.1, 16-404.1, and 21-902.2, Annotated Code of Maryland Effective date: November 3, 2008 (35:22 Md. R. 1958) Regulation .01 amended as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582) Regulation .02B amended effective October 1, 2016 (43:19 Md. R. 1073); October 1, 2019 (46:19 Md. R. 815) Regulation .03 amended as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582) Regulation .03 amended effective March 28, 2016 (43:6 Md. R. 409); October 1, 2016 (43:19 Md. R. 1073); December 12, 2024 (51:24 Md. R. 1081) Regulation .04A amended effective July 26, 2010 (37:15 Md. R. 999); October 1, 2016 (43:19 Md. R. 1073) Regulation .04C adopted effective October 1, 2019 (46:19 Md. R. 815) Regulation .04D adopted effective April 15, 2024 (51:7 Md. Reg. 332) Regulation .05B, C amended effective December 11, 2025 (52:24 Md. R. 1198) Regulation .05F, G adopted as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582) Regulation .05H adopted effective October 1, 2016 (43:19 Md. R. 1073) Regulation .07 amended effective July 26, 2010 (37:15 Md. R. 999) Regulation .07 amended as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582) Regulation .09 adopted effective October 1, 2016 (43:19 Md. R. 1073) Under Courts and Judicial Proceedings, §6-313, Annotated Code of Maryland, the Administration shall serve as the agent to receive a subpoena, summons, or other process for a nonresident driver named in an action brought in a court of this State related to an accident or collision involving a motor vehicle occurring within the State of Maryland on or after October 1, 2008. The purpose of this chapter is to establish regulations to implement the service of process for nonresident drivers. To the extent this chapter conflicts with any other provisions of this title, the provisions of this chapter shall prevail. In this chapter, the following terms have the meanings indicated. Terms Defined. “Administration” means the Motor Vehicle Administration. “Certification of last known residence” means a form required by the Administration stating the last known address of the nonresident as certified by the party or party's attorney of record seeking to serve the Administration as statutory agent on behalf of the nonresident. “Motor vehicle” has the meaning stated in Transportation Article, §11-135, Annotated Code of Maryland. “Investigation Division” means the Investigation Division of the Motor Vehicle Administration. “Nonresident” has the meaning stated in Transportation Article, §11-139, Annotated Code of Maryland. “Nonresident motor vehicle cases” means court cases involving motor vehicle accidents or collisions by nonresident drivers in which the Administration is authorized by law to accept service of process, as stated in Transportation Article, §12-104(f), Annotated Code of Maryland, and this chapter. “Service of process” means the service of a summons, subpoena, or other process issued under Court and Judicial Proceedings Article, §6-313, Annotated Code of Maryland. Designated employees of the Investigation Division are authorized to receive the service of process on behalf of the Administration as statutory agent for out-of-State drivers in nonresident motor vehicle cases. Service of process shall be made on the Administration as statutory agent for a nonresident driver under this chapter by personal delivery to the Investigation Division of the Motor Vehicle Administration at 6601 Ritchie Highway, N.E., Glen Burnie, Maryland 21062. An individual seeking service of process shall submit a request on a form approved by the Administration and include with the request form: A copy of the process; Certification of last known address of the nonresident driver; and Payment of the fee for service of process established in COMAR 11.11.05.06. A separate request for service of process shall be made for each nonresident driver for which statutory service of process is sought. The Administration shall send a copy of the service of process to a nonresident driver upon the receipt of a completed application in which the applicant has met all the requirements set forth in Regulation .04 of this chapter. The copy of the service of process shall be sent to the nonresident driver by certified mail with return receipt requested to the last known address certified by the applicant. The Administration shall: File an affidavit certifying service compliance with the clerk of the court where the case was filed; and Provide a copy of the affidavit to the applicant requesting the service of process. The Administration may not accept service of process as statutory agent under this chapter in any case that is not a nonresident motor vehicle case. The Administration may not accept a request for service of process as statutory agent under this chapter in any case where: The requirements in Regulation .04 of this chapter have not been met; The person on whose behalf statutory service is sought is not a nonresident driver; or The cause of action was before October 1, 2008. Transportation Article, §12-104; Courts and Judicial Proceedings, §6-313; Annotated Code of Maryland Effective date: April 6, 2009 (36:7 Md. R. 525) This chapter contains procedures governing the refusal to renew or transfer a vehicle registration and the refusal to renew a driver's license of an applicant as a result of unpaid tax liabilities or unpaid unemployment insurance contributions. This chapter applies to: Individuals for whom or entities for which the Comptroller has notified the Administration of failure to pay all undisputed taxes or failure to provide for payment in a manner satisfactory to the Comptroller; and Individuals for whom or entities for which the Maryland Department of Labor has notified the Administration of failure to pay undisputed unemployment insurance contributions or failure to provide for payment in a manner satisfactory to the Department. In this chapter, the following terms have the meanings indicated. Terms Defined. “Administration” means the Motor Vehicle Administration. “Comptroller” means the Comptroller of Maryland or the Comptroller’s designee. “Driver’s license” has the meaning stated in Transportation Article, §11-116, Annotated Code of Maryland. "Maryland Department of Labor (MDL)” means the Secretary of Labor or the Secretary’s designee. “Release” means evidence that an applicant either has paid all undisputed taxes and unemployment contributions payable to the Comptroller or the Maryland Department of Labor or has provided for payment in a manner satisfactory to the agency responsible for collection. “Undisputed tax liabilities” means an assessment of tax that has become final. The Comptroller or MDL shall transmit to the Administration, in a format and frequency agreed to by the Administration, Comptroller, and MDL: Undisputed tax liabilities; Releases for tax liabilities; Undisputed unemployment insurance contribution liabilities; and Releases for unemployment insurance contribution liabilities. In the event the Comptroller or MDL transmits to the Administration records which the Administration is unable to match to the Administration’s records, the Administration shall notify the Comptroller or MDL of all unmatched names and partially matched names. In the event the Administration notifies the Comptroller or MDL of unmatched names and partially matched names, the Comptroller or MDL shall attempt to match all unmatched names and partially matched names and transmit back to the Administration. Upon notification to the Administration from the Comptroller or MDL that an individual or entity has failed to pay undisputed taxes or unemployment insurance contributions, or has failed to arrange for a plan of payment in a manner satisfactory to the agency responsible for collection, and upon a positive match to that individual in Administration records, the Administration shall refuse: For any vehicle owned or co-owned by applicant: To renew the vehicle registration; To transfer the vehicle registration; To issue a replacement tag; To issue a substitute set of tags; or To issue a substitute set of registration stickers; and For the applicant’s driver’s license: To renew the driver’s license; or To renew the driver’s license with correction. The Administration shall advise the applicant: That the registration renewal or transfer of any vehicle owned by the applicant and the renewal of the applicant’s driver's license will be refused; and That the individual or entity must contact the Comptroller or MDL to resolve any questions regarding undisputed taxes and unemployment insurance contributions. The Administration shall continue to refuse the transactions as set forth in Regulation .04 of this chapter for an applicant who has failed to pay undisputed taxes and unemployment insurance contributions, until the Administration receives evidence from the Comptroller or MDL that all tax liabilities and unemployment insurance contribution liabilities have been released. The Comptroller or MDL shall notify the Administration on the next business day, excluding Maryland State holidays as defined in State Personnel and Pensions Article, §9-201, Annotated Code of Maryland, when satisfactory arrangements have been made to pay undisputed taxes and unemployment insurance contributions. Transportation Article, §§12-104(b), 13-809, and 13-812, Annotated Code of Maryland Effective date: Regulations .01—.06 adopted as an emergency provision effective August 18, 2011 (38:19 Md. R. 1146); adopted permanently effective November 14, 2011 (38:23 Md. R. 1422) The purpose of this chapter is to set standards and procedures for the expungement of a public driving record by the Motor Vehicle Administration, as set forth in Transportation Article, §16-117.1, Annotated Code of Maryland. The public driving record entries of a licensee that are eligible for expungement shall be expunged within 31 days of becoming eligible for expungement. Suspensions related to driver safety and revocations shall delay a licensee’s eligibility for expungement as set forth in Transportation Article, §16-117.1, Annotated Code of Maryland. The Administration has determined that: The following driver’s license suspensions are not related to driver safety and become eligible for expungement 1 year after the suspension period ends: Upon death of a co-signer, as set forth in Transportation Article, §16-109, Annotated Code of Maryland; Failure to pay Child Support, as set forth in Transportation Article, §16-203, Annotated Code of Maryland; Outstanding Arrest Warrant, as set forth in Transportation Article, §16-204, Annotated Code of Maryland; Nonpayment of judgment, as set forth in Transportation Article, §17-204, Annotated Code of Maryland; Dispensing of motor fuel into a dirt bike in Baltimore City, as set forth in Transportation Article, §21-1128, Annotated Code of Maryland; Failure to appear or comply, as set forth in Transportation Article, §26-204, Annotated Code of Maryland; Failure to pay, as set forth in Transportation Article, §27-103, Annotated Code of Maryland; Possession of alcohol by a minor, as set forth in Criminal Law, §10-114 and Courts and Judicial Proceedings, §3-8A-19; Failure to pay for motor fuel, as set forth in Criminal Law, §7-104 and Transportation Article, §16-206.1, Annotated Code of Maryland; Improper use of a driver’s license or identification card by a minor to obtain alcohol, as set forth in Criminal Law Article, §10-113 and Courts and Judicial Proceedings Article, §3-8A-19, Annotated Code of Maryland; Noncompliance with traffic citation issued under federal law, as set forth in Transportation Article, §26-206 and Nonpayment of fine, as set forth in Transportation Article, §27-103, Annotated Code of Maryland; and Rejection by Maryland Automobile Insurance Fund, as set forth in Transportation Article, §17-105, Annotated Code of Maryland; and Driver license suspensions not listed under §C(1) of this regulation are related to driver safety. The Administration shall not expunge the public driving record entries of a licensee who: Is currently: Refused; Canceled; Suspended; or Revoked; Has a pending: Refusal; Cancellation; Suspension; or Revocation; Has a restricted license in lieu of a driver safety related suspension; or The Administration has determined has not driven a motor vehicle on the highways during the particular conviction-free period on which the expungement is based. The Administration shall not expunge certain driving records entries, pursuant to Transportation Article, §16-117.1(d), Annotated Code of Maryland. The Administration shall not expunge any driving record entries relating to a commercial driver’s license before the expiration of the time they are required to be retained under Transportation Article, §16-819, Annotated Code of Maryland, and in accordance with 49 CFR 384. Transportation Article, §§12-104(b) and 16-117.1, Annotated Code of Maryland Effective date: October 1, 2017 (44:19 Md. R. 897) Regulation .02C amended effective October 19, 2020 (47:21 Md. R. 903)