11.15.31.04

.04 Contractor's Agreement.

A. The contractor's agreement:

(1) Shall be the product of mutual negotiations and neither party may be construed as the primary drafter of the agreement;

(2) Shall include a technical proposal;

(3) Shall define services under the terms of the agreement and technical proposal; and

(4) May not be deviated from unless approved, in advance, by the Administration.

B. The contractor shall:

(1) Enter into a written agreement with the Administration to create an electronic system for the:

(a) Purpose of accessing vehicle information, processing vehicle title and registration transactions; and

(b) Transfer of funds between participants and the Administration;

(2) Have a written agreement approved by the Administration with approved participants, before transmitting vehicle title and registration transactions and fees to the Administration by way of the electronic system; and

(3) Enter into a contractual agreement with each authorized participant to provide the participant:

(a) With the capacity to use the electronic system; and

(b) Access to vehicle title and registration transactions only as approved by the Administration.

C. Only the Administration may authorize an entity's use of the electronic system to electronically transmit approved title and registration transactions, and fees as a participant.

D. Participants may include, but are not limited to:

(1) A licensed dealer as defined in Transportation Article, §§11-111 and 15-301, Annotated Code of Maryland;

(2) A licensed title service agent as defined in Transportation Article, §15-601, Annotated Code of Maryland;

(3) A licensed automotive dismantler and recycler as defined in Transportation Article, §15-501, Annotated Code of Maryland;

(4) A state agency or political subdivision pursuant to Transportation Article, §13-404, Annotated Code of Maryland;

(5) A vehicle leasing company; or

(6) A banking or financial institution.