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

(2) Detailed statement of the reasons a stay is sought.

C. 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.

D. 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:

(1) Has appeared before an administrative law judge to contest the suspension of the person's license;

(2) Has no other alcohol incidents within the past 5 years;

(3) Can demonstrate irreparable injury without the issuance of a stay; and

(4) Can demonstrate that the issuance of a stay is not contrary to public safety.