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11.11.02.00.htm 11.11.02.00. Title 11 DEPARTMENT OF TRANSPORTATION Subtitle 11 MOTOR VEHICLE ADMINISTRATION ― ADMINISTRATIVE PROCEDURES Chapter 02 Administrative Hearings Authority: Transportation Article, §12-104(b) and (e) 12-108, and 12-201―12-209; State Government Article, §10-201―10-222; Annotated Code of Maryland Ch. 14, Acts of 2004
11.11.02.01.htm 11.11.02.01. 01 Scope.. 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.
11.11.02.02.htm 11.11.02.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Administration" means the Motor Vehicle Administration.. 2) "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.3) "Administrator" means the Motor Vehicle Administrator..
11.11.02.03.htm 11.11.02.03. 03 Notice.. A. In a contested case, all parties shall be afforded an opportunity for hearing after reasonable notice.B. The notice shall include:. 1) The date, time, and place of the hearing;. 2) The legal authority and jurisdiction of the Administration to hear the matter,. 3) The specific section of each statute and regulation, including a procedural regulation, that is pertinent;4) The facts in sufficient detail to enable a party to prepare his case;.
11.11.02.04.htm 11.11.02.04. 04 Representation. ― Repealed.
11.11.02.05.htm 11.11.02.05. 05 Postponements.. A. 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
11.11.02.06.htm 11.11.02.06. 06 Request for Subpoenas or Summonses. ― Repealed.
11.11.02.07.htm 11.11.02.07. 07 Delegation of Hearing Authority.. A. 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.B. Unless specifically provided elsewhere in Transportation Article, Annotated Code of Maryland, or other Motor Vehicle regul
11.11.02.08.htm 11.11.02.08. 08 Repealed..
11.11.02.09.htm 11.11.02.09. 09 Repealed..
11.11.02.10.htm 11.11.02.10. 10 Evidence.. A. 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.B. 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:1) Police officer, in obtaining or seizing the evidence, acted in bad faith and not as a reasonable
11.11.02.11.htm 11.11.02.11. 11 Ex Parte Communications.. A. 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.B. The Administrator, administrative law judge, other trier of fact, or any
11.11.02.12.htm 11.11.02.12. 12 Failure to Appear.. If a licensee who has been given notice of the hearing fails to appear for the hearing, the Administration may:A. Suspend the applicable privilege pending the licensee's appearance at a hearing on a date set by the Administration; orB. 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 li
11.11.02.13.htm 11.11.02.13. 13 Cost of Transcript.. 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.
11.11.02.14.htm 11.11.02.14. 14 Transcripts on Appeal.. A. 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.B. The Administration shall notify the Office of A
11.11.02.15.htm 11.11.02.15. 15 Stay of Enforcement.. 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 i
11.11.02.9999.htm 11.11.02.9999. Administrative History 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).
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