Title 11 — Subtitle 12. Motor Vehicle Administration — Licensing of Businesses and Occupations

“Administration” means the Motor Vehicle Administration.

“Advertising” means any oral, written, or graphic statement which offers vehicles for sale or which indicates the availability of vehicles, including any statements or representations made in any newspaper, pamphlet, circular, other publication, including but not limited to electronic media, radio or television, and in or on any notice, sign, billboard, poster, bill catalog, letter, or business card.

“Business license” means a license issued by the Administration under Transportation Article, Title 15, Subtitles 2—3, 5, and 6, Annotated Code of Maryland.

“Clear and conspicuous” means a statement, representation, or term differing from other statements, representations, or terms being made so as to be readily noticeable to the person to whom it is being disclosed either by its size, sound, length of time, color, placement in the advertisement, or the like.

“Consumer goods” means, as referred to in these regulations, a vehicle offered for retail sale for use by individuals primarily for personal, family, or household purposes.

“Dealer” has the meaning stated in Transportation Article, §15-101, Annotated Code of Maryland.

“Dealer cost” means the total amount the dealer is invoiced by the manufacturer for a vehicle.

“Demonstrator” means a vehicle:

“Licensee” means an individual or business entity licensed by the Administration under Transportation Article, Title 15, Subtitles 2—6, Annotated Code of Maryland.

“Location” means the fixed location from which business activities are conducted and that is specified in the application for the business license.

“Occupational license” means a vehicle salesman’s license issued by the Administration under Transportation Article, Title 15, Subtitle 4, Annotated Code of Maryland.

“Rebate, cash rebate, or other similar phrases” means a deduction granted by a dealer or manufacturer from an amount a purchaser pays to a dealer, or a return by a dealer or manufacturer of part of an amount given in payment by a purchaser to a dealer after a sale of a vehicle has been consummated.

“Representative” means an employee of the business who acts on behalf of the licensee.

“Service provider” has the meaning stated in Transportation Article, §13-610, Annotated Code of Maryland.

“Vehicle salesman” has the meaning stated in Transportation Article, §15-101, Annotated Code of Maryland.

Appropriate dealership signs shall be permanently affixed.

The signs shall be of a size as to make them reasonably legible from the street or highway.

The signs shall clearly identify the business conducted at the dealership and shall adequately direct the customers to the dealership office.

As to wholesale dealers, a sign is not required. However, if a sign is displayed, it:

Owned or leased by the wholesale dealer; and

Regularly occupied and exclusively used by the wholesale dealer for dealership purposes.

Office furniture, such as desk and chairs;

A secure area for storage of State property; and

Electricity, lighting, heat, and telephone service in the name of the dealership.

Transactions regarding purchases, sales, and transfers of ownership, including those conducted with other licensed dealers and salesmen;

Collection of excise tax, titling, and registration fees;

Perpetual inventory of temporary registration plates, certificates, and registration permits assigned to and issued by the dealer. These records shall document the following:

An assigned title for each untitled vehicle in the dealer’s inventory; and

While the vehicle is in the possession of prospective retail customers, records documenting the:

The allowable gross weight designated on the application for permanent plates; or

If an application for permanent plates has not been submitted to the Administration, the maximum gross weight allowable for that vehicle.

New or used car dealership may act as a vehicle salesman at any new or used dealership that is at least 60 percent owned by the licensed dealer indicated on the salesman’s license; or

Wholesale vehicle dealership may act as a vehicle salesman at any wholesale dealership that is at least 60 percent owned by the licensed wholesale dealer indicated on the salesman’s license.

Upon application for issuance and renewal of a Salesman license an applicant shall furnish the Administration with an official copy of their criminal history record from the Criminal Justice Information System (CJIS) Central Repository of the Department of Public Safety and Correctional Services. The criminal history record shall be dated within 30 days of the submission date.

In addition to the other grounds specified in Transportation Article, Title 15 Subtitle 1, Annotated Code of Maryland, for refusal, suspension, or revocation of a license, the Administration may refuse to grant a salesman’s license to any person and may suspend, revoke, or refuse to renew the license of any person if it finds that:

An applicant or salesman who requests an administrative hearing for a violation under paragraph (2)(a) above may:

A salesman’s license shall be suspended by the Administration upon notification by the Department of Human Services, Child Support Enforcement Administration, that the salesman license holder’s failure to pay child support meets the criteria for suspension of a professional license pursuant to Family Law Article, §10-119.3, Annotated Code of Maryland.

The Administration shall immediately reinstate any salesman’s license suspended for failure to pay child support if notified by the Department of Human Services, Child Support Enforcement Administration, that the suspension should be withdrawn.

A dealer may not advertise in any manner that is false, deceptive, or misleading or that misrepresents any vehicle offered for sale.

Advertisements for the sale of new and used vehicles shall clearly and conspicuously identify the dealership by the corporate name or trade name as it appears on the application for dealer’s license.

Advertising statements shall clearly identify the vehicle by manufacturer-designated year, make and model, type, equipment, price, trade-in allowance, terms or other claims. Terms or claims shall be factual and presented clearly and conspicuously.

The use of layout, headlines, illustrations, style, sound, length of time, lighting, color, or type of size of an advertisement, or all of the above, may not obscure or make misleading any material fact in advertisement or sales presentation.

When the price of a vehicle is quoted, the advertisement shall clearly identify the vehicle as to, including but not limited to, make, year, model and special equipment. A price may not be quoted unless the vehicle or vehicles identified in the advertisement are currently available for sale to the public at the quoted price.

The advertised price shall:

Freight and dealer preparation charges may be excluded from manufacturer’s national advertising campaigns. However, the advertisement shall clearly and conspicuously disclose this fact.

Retail advertising may not imply that the dealer has a special relationship or connection to the manufacturer that other dealers do not have. Terms such as “wholesale”, “factory sale”, “factory discount”, “factory outlet”, “factory branch”, and similar terms used in connection with the manufacturer’s name (such as “manufacturer’s outlet”) are examples of terms that imply that a dealer has a special relationship or connection to a manufacturer that other dealers do not have.

Statements such as “as low as”, “from”, or “priced from” may not be used in connection with the purchase price unless at least one vehicle is specifically identified and the requirements of §B of this regulation are complied with.

A vehicle offered for sale as consumer goods at a specific price by a dealer shall be in the possession of the dealer advertiser or be available for shipment to the dealer from the manufacturer or distributor. The vehicle shall be shown, demonstrated, and sold, or if a new vehicle, orders shall be taken for future delivery of the identical model at the advertised price and terms. If the advertised vehicle is a used vehicle, and it has been sold as consumer goods, the dealer advertiser shall substantiate, upon request, sales records of the previously advertised vehicle.

A dealer offering a vehicle for sale as consumer goods may not charge the customer a fee for shipment of a used vehicle that is not available on the premises unless the shipping fee is clearly and conspicuously disclosed on a separate form entitled ‘Payment of a Non-Refundable Shipping Fee’, before the customer becomes obligated to pay the fee, on a form with signature of the customer using the language, “I UNDERSTAND THAT THE VEHICLE IS NOT PHYSICALLY PRESENT ON THE PREMISES AT THIS DEALER LOCATION AND WILL HAVE TO BE SHIPPED FROM ANOTHER LOCATION. EXCEPT AS PROVIDED BELOW IN ITEMS (A) THROUGH (D), I AGREE TO PAY THE SPECIFIED AMOUNT (INSERT SPECIFIED FEE), NOT TO EXCEED THE ACTUAL AMOUNT INCURRED BY THE DEALERSHIP AS A SHIPPING FEE, WHETHER OR NOT I AGREE TO PURCHASE THE VEHICLE. I UNDERSTAND THAT THIS FEE IN NO WAY OBLIGATES ME TO PURCHASE THE VEHICLE UPON DELIVERY. I UNDERSTAND THAT THIS FEE IS REFUNDABLE UNDER CERTAIN CIRCUMSTANCES LISTED BELOW:

Nothing in this section precludes the fee being financed with the sale of the vehicle if the customer elects to purchase the vehicle.

Payment of the shipping fee does not obligate the customer to accept and purchase the vehicle in any way.

The shipping fee must be refunded if the vehicle:

The dealer shall inform the customer of the right to make a complaint with the Administration through use of the Investigative Decision Complaint Form if the customer elects not to purchase the vehicle or returns the vehicle and disagrees with a decision to not issue a refund for shipping charges.

The practice of increasing the selling price of a vehicle above that originally quoted to a purchaser, after the purchaser has made an initial deposit or payment, either with money or with a trade-in, or signed contract is prohibited, unless the price is increased by the manufacturer. In this case, the dealer shall substantiate, upon request, evidence of the increase, and the customer shall have the right to cancel the contract.

Advertising a vehicle at a price which does not include equipment with which it is fitted or is ordinarily fitted or eliminating any equipment for the purpose of advertising a low price and baiting the customer into charges above the advertised price is prohibited.

Advertising the immediate availability of a new vehicle with the intent not to supply reasonable expectable public demand is prohibited unless the advertisement discloses a specific limitation of quantity.

Advertising a sale or promotion in connection with the sale of a vehicle shall clearly and conspicuously disclose the expiration date, if any, and any other conditions of the sale or promotion, including but not limited to whether the supply is limited and, if so, in what manner.

The advertising of a specific vehicle offered for sale when the advertised vehicle is not in stock on the date of the advertisement is prohibited unless the advertisement states “Not in Stock” or “Order Yours Now” or other phrases of similar import which clearly indicate that the vehicle is not available for immediate delivery and a reasonable estimate of the period of time in which delivery will be made.

A dealer is not obligated to refund the shipping fee if the vehicle has been accepted by the customer and the customer has not revoked acceptance within a reasonable period of time.

The amount of the down payment, or the balance after the down payment, may not be stated in such a manner as to permit the impression that it is the selling price of the vehicle.

The statement “no money down”, or other similar phrases, means that the advertiser will deliver the vehicle, so described, to the purchaser without any initial payment or other initial obligation in any manner other than negotiating a lien contract for the advertised purchase price.

The phrases “no finance charge”, “no carrying charge”, or expressions of similar phrases, may not be used when there is any type of a charge for financed transactions.

Advertising shall comply with Regulation Z of the Federal Truth in Lending Act and Federal Trade Commission Act.

Advertisements which offer special annual percentage rate financing shall disclose any special conditions or terms which shall be met before the annual percentage rate applies.

Advertisement statements which offer discounts, savings, rebates, and guaranteed trades shall:

A specific price may not be stated in an advertisement as an offer for a trade-in, if the price so stated is contingent upon the condition, model, or age of the prospective buyer vehicles, without so stating in the advertisement. The use of phrases such as “up to” and “as much as” may not be considered as adequate explanation.

Demonstrator vehicles are considered used vehicles if they have been driven for more than 7,500 miles.

The term “new” may not be used as an adjective in the direct description of a demonstrator or used vehicle.

Except as otherwise provided in §H(5) of this regulation, a dealer shall use the term “demonstrator” when advertising vehicles which meet the definition of that term as found in Regulation .01B(8) of this chapter.

Before the sale of a demonstrator vehicle, the dealer shall provide to the retail customer a written disclosure in 10-point type, and separate from the purchase contract document, which states: “THIS VEHICLE IS A DEMONSTRATOR VEHICLE. IT IS A VEHICLE WHICH HAS BEEN USED BY THE EMPLOYEES, OFFICERS OR PRINCIPALS OF THE DEALER, MANUFACTURER OR DISTRIBUTOR, OR FOR CUSTOMER ROAD TESTING. FEDERAL LAW REQUIRES A BUYER’S GUIDE TO BE ATTACHED TO THE SIDE WINDOW OF THIS VEHICLE. YOU ARE WELCOME TO INQUIRE AS TO THE SPECIFIC USAGE OF THE VEHICLE FROM THE DATE OF ITS DELIVERY TO THE DEALER. YOU ARE ALSO WELCOME TO CONDUCT WHATEVER INSPECTION YOU DEEM APPROPRIATE PRIOR TO ENTERING INTO AN AGREEMENT TO PURCHASE THE VEHICLE.”

A vehicle which has been a demonstrator shall be advertised as a used vehicle once it has accumulated mileage in excess of 7,500 miles, and the term “demonstrator” may not be used as an adjective in the direct description of the vehicle. However, these vehicles are not required to be registered or titled before transfer to a retail customer.

A dealer shall notify the manufacturer of the existence of a nonconformity, defect, or condition as required by Commercial Law Article, §14-1502(f)(1)(i), Annotated Code of Maryland, and shall send a copy of the notification to the Administration as required by Commercial Law Article, §14-1502(f)(1)(i), Annotated Code of Maryland.

If a motor vehicle is returned to a manufacturer or factory branch under Commercial Law Article, Title 14, Subtitle 15, Automotive Warranty Enforcement Act, the manufacturer or factory branch shall, upon transfer to a dealer, disclose this information to the dealer. The disclosure shall:

If a vehicle which has been returned to a manufacturer or factory branch is made available for resale by a dealer, the dealer shall provide a copy of the disclosure described in §I(2) of this regulation to the potential purchaser before the sale.

After the vehicle is sold, the dealer shall send a copy of the disclosure described in §I(2) of this regulation, signed by the vehicle’s purchaser, to the Administration with the application of title.

If, before consummating the sale of a vehicle which has never been titled, the vehicle has sustained either body damage or mechanical damage resulting in repairs which exceed 3 percent of the Manufacturer Suggested Retail Price, the dealer shall fully disclose this information in writing to the prospective purchaser. The following apply:

Upon request of the prospective purchaser or purchasers, the dealer shall provide a copy of the repair order illustrating the extent of repairs conducted to repair the damage.

If a manufacturer or distributor transfers a vehicle which has never been titled to a dealership, the manufacturer or distributor shall disclose the information contained in §I(2) of this regulation to the dealership, if applicable.

Vehicle has not been used in a manner so as to destroy its newness; and

Buyer is advised, in writing, of:

Vehicles formerly used for a purpose other than a consumer good shall be clearly and conspicuously identified as to their former use. This includes, but is not limited to, vehicles formerly used:

The word “commercial”, or similar ambiguous terms, may not be used to describe these vehicles.

If, under any vehicle sales contract or agreement, the buyer is required to make one or more payments to the seller in addition to any down payments made at the time of the execution of the instrument before the seller is obligated to deliver the goods sold, then the buyer at any time before delivery or tender of the goods by the seller, may cancel the instrument. Thereupon, notwithstanding any provisions of the instrument, the seller shall be obligated to refund to the buyer, within 10 days after notice of the cancellation, an amount equal to at least 90 percent of all payments made by the buyer under the instrument, including any down payment. If the seller has placed an order for special optional equipment, paint, or similar items, or if, at the request of the buyer, the dealer has modified a vehicle which he has in stock, and the vehicle sales contract has been properly signed by all parties attesting to this fact, if the buyer subsequently cancels the contract before delivery or tender of the vehicle, the seller shall refund the down payment within 10 days after notice of the cancellation, less reasonable expenses incurred in the ordering of or the modification of the vehicle. The contract shall clearly disclose that the dealer may retain a portion of the deposit or down payment to cover any reasonable expenses incurred as a result of the cancellation of the contract. When a portion of the down payment or deposit is retained by the seller, the seller shall furnish the buyer with an itemized list reflecting all expenses incurred as a result of the cancellation of the contract. In disputed cases, the Administration shall decide whether the expenses claimed by the seller are reasonable.

If, under a vehicle sales contract or agreement, a down payment is made at the time of its execution and the buyer thereby becomes entitled to delivery of the goods before making further payments, then, if the buyer refuses to accept delivery of the goods in accordance with the instrument, all or part of the down payment may be forfeited to the extent provided in the instrument.

Made available by the Motor Vehicle Administration in a format prescribed by the Administration;

Reproduced by the dealer at the dealer’s cost for reproduction; and

Given to the purchaser at the time of the sale or delivery of the motor vehicle.

“This warranty is expressly in lieu of any other warranty, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, and any other obligations or liabilities on the seller’s part”, or similar language that could be construed by a consumer to limit his recourse to the terms of express warranties.

“This vehicle is being sold as is, without any implied or express warranty of merchantability”, or similar language.

“Sold used with 50-50 warranty. The dealer hereby guarantees this vehicle for _____ days after ____________, 20____ with the understanding that necessary repairs made within this period of time will be charged half to the buyer and half to the dealer, of total retail cost of parts and labor used,” or similar language.

That the odometer reading is not the actual mileage of the vehicle and should not be relied upon;

That the odometer reading reflects the amount of mileage in excess of the designed mechanical odometer limit of 99,999 miles/kilometers of the vehicle;

That the odometer was repaired or replaced while in the dealer’s possession;

That the repaired or replacement odometer was incapable of registering the same mileage as the odometer before repair or replacement;

That the odometer was reset to zero; or

Of the last known accurate odometer reading.

An allowance per mile, as determined by the Internal Revenue Service, for the consumer’s use of the vehicle but not to exceed 15 percent of the purchase price; and

A reasonable allowance for damages not attributable to normal wear.

A dealer registration plate may be displayed on a vehicle owned by a licensed dealer and used mainly for the dealer’s business purposes.

A dealer registration plate may be displayed on a vehicle not owned by a licensed dealer, but in the possession of the dealer, if the dealer has the consent of the owner of the vehicle to this use.

An owner, partner, or officer of the corporation who is listed on the application for a vehicle dealer’s license or any employee of the dealership may operate a vehicle displaying a dealer registration plate, subject to the other conditions of this regulation.

A dealer registration plate may be displayed on a vehicle owned by the dealership and operated by a prospective buyer for demonstration purposes for a period of not more than 10 days, provided the prospective buyer has written authorization from the dealership for any use of the vehicle exceeding 1 day.

A dealer registration plate may be displayed on a vehicle owned by the dealership and loaned to an educational institution as set forth in Transportation Article, §13-621, Annotated Code of Maryland.

Dealers may apply to the Administration for the issuance of dealer registration plates.

The Administration may issue up to five dealer registration plates to each licensed dealer in addition to two additional registration plates for each licensed salesman, upon payment of the required fee as set forth in COMAR 11.11.05.

For good cause shown, the Administration may issue additional dealer registration plates upon application of the dealer.

Beginning of the second full year, the Administration shall refund the fee paid for the second and third license years; or

Beginning of the third full year, the Administration shall refund the fee paid for the third license year.

“Administration” means the Motor Vehicle Administration.

“License” means a title service agent's license issued by the Administration under Transportation Article, Title 15, Subtitle 6, Annotated Code of Maryland.

“Location” means the fixed location from which the title service agent conducts the activity of a title service agent and which is specified in the application for the license.

“Representative” means an employee of the business who acts on behalf of the licensee.

“Title service agent” has the meaning stated in Transportation Article, §15-601(c), Annotated Code of Maryland.

An application;

Zoning approval, as set forth in Regulation .03B of this chapter;

A surety bond as set forth in Regulation .07 of this chapter; and

The fee as set forth in COMAR 11.11.05.

The office shall be located in an appropriately zoned location.

An applicant for a license shall provide verification of zoning approval, if required by the local jurisdiction, in the form of a zoning certification.

A title service agent who does not conduct business with the public at the licensed location may be exempt from local zoning requirements.

A secure area for storage of State property; and

Telephone service in the name of the title service business.

Excise tax;

Titling and registration fees; and

Other fees collected for the Administration.

Customer's file number;

Customer's name and address;

Vehicle's:

Type of transaction; and

Fees collected for the Administration.

Be furnished by the Administration;

Be fastened securely to the vehicle in such a position as prescribed by the Administration; and

Agree with the identification number listed for the vehicle on all forms required by the Administration and in the Administration’s designee’s electronic system.

Transmit, electronically, to the Administration’s designee, by the end of the first business day following the date of the transaction, information on every vehicle acquired by the licensed automotive dismantler and recycler or scrap processor at the location for which the license was issued; and

If not currently conducting business, submit a report of no business by the end of the month, even if there are no vehicles acquired or disposed of during the month.

A printout of the notification made in accordance with §C(1) of this regulation, along with the certificate of title of the vehicle, or other documentary evidence of ownership acceptable to the Administration, shall be retained by the scrap processor for a period of 3 years.

The Administration shall consider the date of acquisition as the date of destruction of the vehicle.

Upon transfer of a vehicle from an automotive dismantler and recycler to a scrap processor, the automotive dismantler and recycler shall electronically notify the Administration’s designee of the conveyance of ownership.

For vehicles that have been flattened or cubed, the scrap processor shall maintain a record of the business license of the automotive dismantler and recycler and the details of the transaction.

“Administration” means the Motor Vehicle Administration.

“Applicant” means the person requesting inspection of public records.

“Custodian” means an authorized person employed by the Division, having personal custody and control of records of an individual in an occupation or profession licensed by the Administration.

“Division” means the Administration’s Division of Business Licensing and Consumer Services.

“Occupation or profession” means a business, an occupation, or a profession for which an individual would be required to be licensed by the Administration under Transportation Article, Title 15, Annotated Code of Maryland.

“Person in interest” means the person that is the subject of the public record.

The number, nature, and administrative status of complaints filed with the Administration against the person in interest;

The number, nature, and status of claims filed with the surety against the person in interest; and

Reports of investigations and the results of those investigations pertaining to the complaints or claims disclosed under §A(1) or (2), of this regulation;

“Administrator” means the Administrator of the Maryland Motor Vehicle Administration or the Administrator's designated representative.

“Citation” means a document issued under the authority of Transportation Article, §26-201, Annotated Code of Maryland, for violations of the following provisions:

“Enforcement agent” means any person authorized to issue a citation under these regulations or Transportation Article, §12-104.1, Annotated Code of Maryland.

A person designated as an enforcement agent shall successfully pass a preemployment background investigation and may not have been convicted of a felony.

A person designated as an enforcement agent who fails to maintain a good character shall be immediately relieved of the authority to issue citations under Transportation Article, § 12-104.1, Annotated Code of Maryland, and may not be reinstated as an enforcement agent without the express authority of the Administrator.

In all provisions of the Transportation Article, Annotated Code of Maryland, with particular emphasis on Titles 11, 13, 17, and 26;

In the preparation of citations, by an instructor who has been certified by the Maryland Police Training Commission; and

In courtroom procedures.

The seriousness of the violation;

The deleterious effect of the violation on others;

Any acts of good faith on the part of the licensee;

The licensee's history of previous violations; and

Previous counseling or reprimands on the issues under consideration;

For a tag and title service that submits transaction information later than required by the contract between the tag and title service and the Administration, the standard fine shall be:

For a dealership that submits transaction information later than 30 days after the transaction date, the standard fine shall be:

“Administration” means the Motor Vehicle Administration.

“Alcohol and Drug Abuse Administration” means the agency within the Maryland Department of Health that approves and certifies programs for the prevention and treatment of alcohol and drug abuse.

“Alternate format” means a program approved by the Administration, which is taught with web-based or other electronic learning tools.

“Alternate format provider” means a provider approved by the Administration to provide a program under Regulation .01 of this chapter in both classroom and alternate formats.

“Attend” means to complete all:

“Classroom format” means a program conducted with the participant and an approved instructor in a classroom setting approved by the Administration.

“DIP” means a driver improvement program approved by the Administration to provide driver rehabilitation and education.

“Program” means a driver rehabilitation and education program authorized under Transportation Article, §§16-212 and 16-212.1, Annotated Code of Maryland, and this chapter.

“Provider” means a business entity, organization, or individual approved by the Administration to conduct driver rehabilitation and educational programs.

"3-Hour ADEP" means a 3-hour alcohol and drug education program approved by the Administration and the Alcohol and Drug Abuse Administration to provide alcohol and drug education.

Comply with all State and local requirements to be licensed and authorized to do business in Maryland;

Submit documentation acceptable to the Administration that the business office used to conduct business and the classrooms used to conduct courses or to administer tests meet all State and local building, zoning, fire, and safety regulations, codes, and standards for use as an office or classroom;

Have no past due tax or other financial obligations due to Maryland;

Maintain at least one business office, approved by the Administration, which:

Have at least one classroom located within the borders of Maryland that has been inspected and certified to meet all required State and local building, zoning, fire, and safety regulations, codes, and standards including an up-to-date posted certificate identifying the maximum occupant capacity;

Pay all application fees set forth in Regulation .05 of this chapter at the time the application is submitted to the Administration; and

Designate the individuals authorized to transmit DIP and 3-Hour ADEP completion information to the Administration, and shall ensure that these individuals complete the Administration's authorization forms.

Use only instructors approved by the Administration for the specific program to be presented;

Use only the curriculums, instructional materials, quizzes, tests, and forms approved by the Administration;

Make operation and participant completion records available for inspection by the Administration's representatives without notice during the provider's posted business hours;

Comply with the requirements of all applicable local, State, and federal anti-discrimination laws and regulations, including but not limited to, the Americans with Disabilities Act (ADA);

Enroll provisional driver's license holders younger than 18 years old in only the classroom format for DIP; and

Transmit DIP participant completion information to the Administration within 24 hours of completing the programs.

Classroom and testing locations, dates, and times;

The provider's established policy regarding program:

Notice that the:

Identify, to the Administration, the individuals that will be authorized to transmit DIP and 3-Hour ADEP completion information to the Administration and ensure that the individuals are approved before conducting a DIP or 3-Hour ADEP;

Notify the Administration within 24 hours if the individual authorized to transmit data to the Administration is no longer employed by the provider or no longer authorized to transmit completion information to the Administration;

Accept full responsibility and indemnify the Administration for all claims by program participants when the provider fails to:

Retain electronically or in paper format all participant enrollment, participation, and completion records for at least 3 years from the participant's completion date; and

Secure all program records, including testing materials and answer templates in a manner acceptable to the Administration that protects the participant's privacy and ensures the integrity of the testing materials.

A provider of DIP shall:

The final test in §F(1)(g) of this regulation shall contain at least 20 questions from the pool of 100 questions provided by the Administration. The pool of questions shall be used to create multiple and distinctly different tests to ensure that a test is not repeated until after a fourth retest.

A provider of DIP may not:

Alternate format providers shall meet the additional requirements of this section.

The provider shall first be approved by the Administration as a classroom format provider for DIP in Maryland for 2 years before applying to the Administration to provide an alternate format DIP.

All alternate format programs shall be offered through a secure website with an active security certificate acceptable to the Administration.

The provider shall allow the Administration to access and monitor, at no cost, their alternate format programs.

Alternate format programs shall require participants:

The end of program test alternate format programs shall occur only in a classroom setting approved by the Administration.

The alternate provider may not allow a participant to retake the end of program test on the same day the test is failed.

A provider may not permit a provisional driver's license holder younger than 18 years old to participate in an alternate format program.

The alternate format provider shall have a help desk that participants can contact by phone, email, or facsimile if they are having a problem with the provider's electronic site or have questions regarding the programs. An Administration approved instructor shall respond to the participant for curriculum related issues by phone, email, or facsimile within 24 hours of being contacted by the participant.

The provider's help desk service shall be available between the hours of noon and midnight, 7 days a week, 365 days a year, excluding Maryland State holidays as defined in State Personnel and Pensions Article, §9-201, Annotated Code of Maryland. If the 24-hour deadline occurs on a State holiday, the provider's deadline for response is extended another 24 hours. This information shall be provided to individuals before enrollment.

The provider's program site shall be visually stimulating and interactive with enhancements such as simulations, sample assessment questions, and multimedia experiences. The provider's program site may not contain scanned snapshots of the Administration's approved curriculum. The provider's program site shall have clear images and a user-friendly layout.

Issue a certification of program completion to participants who successfully complete the program, in the manner and format required by the Administration that includes the:

Provide information regarding the program, instructors, and participants at the Administration's request and in the format established by the Administration;

Use only instructors approved by the Administration and the Alcohol and Drug Abuse Administration; and

Acknowledge that 3-Hour ADEP providers and instructors are also subject to regulations by the Alcohol and Drug Abuse Administration.

Alternate format providers shall meet the additional requirements of this section.

The provider shall first be approved by the Administration as a classroom format provider for 3-Hour ADEP in Maryland for 2 years before applying to the Administration to provide an alternate format 3-Hour ADEP.

All alternate format programs shall be offered through a secure website with an active security certificate acceptable to the Administration.

The provider shall allow the Administration to access and monitor, at no cost, their alternate format programs.

The provider shall construct an end of unit quiz for each section of the 3-Hour ADEP that:

Alternate format programs shall require participants:

The end of program test for 3-Hour ADEP alternate format programs shall occur only in a classroom setting approved by the Administration.

The alternate 3-Hour ADEP provider may not allow a participant to retake the end of program test on the same day the test is failed.

The alternate format provider for 3-Hour ADEP shall have a help desk that participants can contact by phone, email, or facsimile if they are having a problem with the provider's electronic site or have questions regarding the programs. An Administration approved instructor shall respond to the participant for curriculum related issues by phone, email, or facsimile within 24 hours of being contacted by the participant.

The provider's help desk service shall be available between the hours of noon and midnight, 7 days a week, 365 days a year, excluding Maryland State holidays as defined in State Personnel and Pensions Article, §9-201, Annotated Code of Maryland. If the 24-hour deadline occurs on a State holiday, the provider's deadline for response is extended another 24 hours. This information shall be provided to individuals before enrollment.

The provider's program site shall be visually stimulating and interactive with enhancements such as simulations, sample assessment questions, and multimedia experiences. The provider's program site may not contain scanned snapshots of the Administration's approved curriculum. The provider's program site shall have clear images and a user-friendly layout.

An application fee under this chapter shall be established by the Administration.

The application fee shall be submitted with each DIP and 3-Hour ADEP application.

Application fees submitted to the Administration under this regulation are nonrefundable and are only applicable to DIP and 3-Hour ADEP.

Program providers may establish and collect a reasonable fee for providing DIP and 3-Hour ADEP.

Fees shall be collected for alternate format programs after the completion of the alternate format curriculum and before the end of program test.

Fees for classroom format programs shall be collected at the time of enrollment.

A provider shall issue a refund within 48 hours to a participant when the Administration determines a participant is entitled to a full or partial refund.

Be 21 years old or older;

Be a graduate from a standard high school or possess a state high school equivalence certificate;

Have a valid driver's license, issued by Maryland or another state, without any alcohol, ignition interlock, or work-only or education-only restrictions;

Have less than five active points on their driving record;

Successfully complete, as of March 2008, an Administration approved DIP instructor certification course for DIP instructors or the required instructor training set forth in §B of this regulation for 3-Hours ADEP;

Have no outstanding charges or convictions of any crime of moral turpitude, unless acceptable evidence is presented to the Administration that satisfactory rehabilitation has taken place for the charge or conviction; and

Have no sex offense convictions or charges.

In addition to the requirements set forth in §A of this regulation, a 3-Hour ADEP instructor shall:

The Administration may waive all or part of the required instructor training for persons certified by the Maryland State Board of Education as teachers.

Is currently approved by the Administration as a DIP instructor; and

Has taught at least one DIP course each year for the last 3 consecutive years.

An instructor of a program under this chapter shall maintain a satisfactory driving record while approved to teach the DIP and 3-Hour ADEP.

An Administration approved provider for the DIP and 3-Hour ADEP is responsible for:

The instructor's driving record is unsatisfactory when the instructor has: