Skip to Main Content
<< Back | Return to Main COMAR Search Page

16 records match your request.

FileAbstract
11.11.03.00.htm 11.11.03.00. Title 11 DEPARTMENT OF TRANSPORTATION Subtitle 11 MOTOR VEHICLE ADMINISTRATION ― ADMINISTRATIVE PROCEDURES Chapter 03 Summary Suspensions for Alcohol and Drug-Related Offenses Authority: 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
11.11.03.01.htm 11.11.03.01. 01 Scope.. A. 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.B. This chapter includes procedures for administrative hearings in contested cases under the Maryland Vehicle Law, which are in accordance with the Ma
11.11.03.02.htm 11.11.03.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Administration" means the Motor Vehicle Administration and includes the Office of Administrative Hearings.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) "Alcohol incident" includes:. a) A conviction or probation before judgment for a
11.11.03.03.htm 11.11.03.03. 03 Request for Hearing.. A. 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.B. Hearing requests shall be made in writing and include the person's:. 1) Name;. 2) Address;. 3) Driver's license number; and. 4) Date of birth..
11.11.03.04.htm 11.11.03.04. 04 Stay of Suspension.. A. 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:1) The person can show a compelling reason for being unable to appear at the scheduled hearing;. 2) The Administration cannot provide a hearing within the time period required by Transportation Article, §16-205.1, Annotated Code of Maryland;
11.11.03.05.htm 11.11.03.05. 05 Location of Hearings.. 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.
11.11.03.06.htm 11.11.03.06. 06 Postponements.. A. 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.B. 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.
11.11.03.07.htm 11.11.03.07. 07 Request for Subpoenas.. A. 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:1) The name and complete mailing address of the licensee;. 2) The driver's license number of the licensee;. 3) The date of the scheduled hearing, if known;. 4) The name, address, and telephone number of the attorney, if applicable;.
11.11.03.08.htm 11.11.03.08. 08 Hearing.. A. Scheduling.. 1) A hearing shall be provided by the Administration within the time periods required in Transportation Article, §16-205.1, Annotated Code of Maryland.2) 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 administrati
11.11.03.09.htm 11.11.03.09. 09 Hearing Dispositions.. A. 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.B. In this regulation, "offense" means a violation of Transportation Article, §16-205.1, Annotated Code of Maryland.C. The administrative law judge may modify a suspension or issue a restricted license under Transpor
11.11.03.09-1.htm 11.11.03.09-1. 09-1 Hearing on Violation of the Ignition Interlock Program.. A. 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.B. 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
11.11.03.10.htm 11.11.03.10. 10 Effective Date of Suspensions.. A. 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.B. 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.
11.11.03.11.htm 11.11.03.11. 11 Term of Suspension.. A. Test Refusals.. 1) In the case of a test refusal, the Administration shall suspend the license:. a) 270 days from a person's first offense; and. b) 2 years for a person's second or subsequent offense.. 2) Test refusal offenses occurring before and after January 1, 1990, shall be considered in determining the term of suspension to be imposed.B. Test Results.. 1) In the case of a test result indicating an alcohol concentration of 0.08
11.11.03.12.htm 11.11.03.12. 12 Stay of Enforcement.. A. 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.B. A request for a stay shall be submitted to the Director in writing and shall include a:. 1) Photocopy of the order for appeal filed with the circuit court; and.
11.11.03.13.htm 11.11.03.13. 13 When Police Officers May Not Issue Temporary Licenses.. A. 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.
11.11.03.9999.htm 11.11.03.9999. Administrative History 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)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. 6
<< Back | Return to Main COMAR Search Page