11.23.02.21

.21 Refusing, Suspending, or Revoking an Instructor Certification.

A. Under Transportation Article, §16-506, Annotated Code of Maryland, the Administration may, after notice and hearing, suspend, revoke, or refuse to renew an instructor certification or, after notice and opportunity for hearing, issue an initial instructor certification if the Administration finds that the applicant or instructor has failed to comply with any of the requirements pertaining to the program or certification of an instructor as:

(1) Set forth in this chapter; or

(2) Adopted under Transportation Article:

(a) Title 15, Subtitle 8, Annotated Code of Maryland; or

(b) Title 16, Subtitle 5, Annotated Code of Maryland.

B. The Administration shall after notice and hearing refuse to renew or, after notice and opportunity for hearing, issue an initial instructor certification, if the instructor or applicant:

(1) Provided fraudulent, inaccurate, or incomplete information on required applications, forms, reports, or other required documents; or

(2) Fails to meet any of the requirements set forth in this chapter.

C. Under Transportation Article, §16-506, Annotated Code of Maryland, the Administration shall immediately suspend or revoke an instructor's certification, with notice of the right to a hearing within 7 days of the request, if the Administration determines there is a danger of immediate, substantial, and continuing harm to the public.

D. A most serious violation, if committed by a certified instructor, shall result in an immediate suspension of an instructor certification with notice of the right to a hearing within 7 days of a request, if the Administration determines that there is a danger of immediate, substantial, and continuing harm to the public.

E. Any second most serious violation shall result in an immediate revocation of the instructor certification, with notice of the right to a hearing within 7 days of a request, if the Administration determines that there is a danger of immediate, substantial, and continuing harm to the public.

F. Most serious violations include charges for:

(1) Fraud;

(2) A crime of moral turpitude;

(3) A sex offense;

(4) Contributing to the delinquency of a minor;

(5) An offense involving a controlled dangerous substance;

(6) An offense involving alcohol or drugs while operating a motor vehicle;

(7) A felony involving the use of a motor vehicle;

(8) Acting in a manner that is unsafe for students participating in the program;

(9) Knowingly providing the program courses while instructor certification is refused, suspended, or revoked;

(10) Knowingly providing program course instruction when the instructor is not certified;

(11) Knowingly failing to provide classroom and the behind-the-wheel instruction as approved by the Administration;

(12) Failing to maintain a valid driver license for the class of vehicle in which instruction is to be given, with no driving restrictions, except for:

(a) Corrective lenses; or

(b) A restriction issued under Transportation Article, §16-203, Annotated Code of Maryland, for child support arrearages; and

(13) Having more than four active points on the instructor's current driving record.

G. Except as provided in §F of this regulation, all other violations of the laws, rules, policies, and regulations under this chapter governing the program or instructor certification shall be considered a serious violation and subject to progressive disciplinary action by the Administration.

H. The progressive disciplinary action may include a conference, fines, and suspension or revocation of an instructor certification.

I. If an instructor certification is refused, suspended, or revoked, the instructor shall immediately:

(1) Surrender the instructor certification badge to the Administration;

(2) Stop conducting program courses and all involvement in the program; and

(3) Surrender all student records and property of the Administration to the school or to the Administration.