Md. Code Regs. 11.11.03.03

Current through Register Vol. 51, No. 18, September 6, 2024

Section 11.11.03.03 - 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.

C. A hearing request shall be accompanied by the filing fee required by the Office of Administrative Hearings under COMAR 28.03.01.03B. he hearing request may be denied if not accompanied by the required filing fee.

D. A written request for a hearing which is mailed shall be addressed to the Office of Administrative Hearings, 11101 Gilroy Road, Hunt Valley, Maryland 21031-1301, and shall be considered to have been made on the date of the U.S. Postal Service postmark.

E. A written hearing request may be personally delivered to:

(1) The police officer at the time of the issuance of the order of suspension;

(2) The Administrative Adjudication Division, Motor Vehicle Administration, 6601 Ritchie Highway, N.E., Glen Burnie, Maryland 21062, during regular office hours; or

(3) The chief clerk or deputy clerks of the Office of Administrative Hearings during regular business hours.

F. The Administration shall deny a hearing if the person did not:

(1) Surrender the driver's license to the police officer or the Administration and refused to sign a certification that the license was not in that person's possession to be surrendered to the police officer and that, upon possession, it will be forwarded to the Administration; or

(2) Submit a timely request for a hearing within 30 days of the issuance of the order of suspension.

G. If the hearing request is not made within 30 days of the issuance of the order of suspension, the Administration may grant a hearing if the person was incapacitated to an extent rendering the person incapable of making a timely request.

H. The Administration may grant a hearing if the person who is the subject of the hearing requests a waiver of fees in accordance with State Government Article, § 9-1604(b)(2), Annotated Code of Maryland, and COMAR 28.03.01.06B, within 30 days of the issuance of the order of suspension and the request for waiver is granted.

Md. Code Regs. 11.11.03.03

Regulations .03 adopted as a emergency provision effective January 1, 1990 (17:1 Md. R. 64) (Emergency provisions are temporary and not printed in COMAR)
Regulations .03 adopted effective May 28, 1990 (17:10 Md. R. 1220)
Regulation .03 amended effective September 13, 1993 (20:18 Md. R. 1431)
Regulation .03A, E, F amended effective October 1, 1990 (17:19 Md. R. 2321)
Regulation .03E amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699); amended effective 43:19 Md. R. 1073, eff. 10/1/2016