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 Transportation Article, §16-205.1(o), Annotated Code of Maryland, if:

(1) 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

(2) The licensee:

(a) 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;

(b) 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;

(c) 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

(d) 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.

D. 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.

E. 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:

(1) The licensee's driving history, particularly any alcohol incidents; and

(2) The nature of the offense in question, including, but not limited to, the alcohol concentration level and whether personal injury or property damage occurred.

F. 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.