Md. Code Regs. 11.11.13.03

Current through Register Vol. 51, No. 24, December 2, 2024

Section 11.11.13.03 - [Effective 12/12/2024] Requirements for Enrollment in the Program

A. To enroll as a participant in the Program, an individual shall:

(1) Have a valid Maryland license that is not currently suspended, revoked, cancelled, or refused in this or any other state;

(2) Notify the Administration, in writing, of the individual's choice to participate in the Program;

(3) Have an interlock device installed in the individual's vehicle by an approved service provider;

(4) Surrender all Maryland driver's licenses, including a temporary license, or submit a signed statement certifying no driver's license is in the individual's possession;

(5) Submit the service provider's completed sealed enrollment form to a full service Administration office;

(6) Pay the required ignition interlock participation fee as set forth in COMAR 11.11.05; and

(7) Obtain a Maryland driver's license with an interlock-restriction.

B. An individual will not receive credit for participation in the Program unless:

(1) All the requirements set forth in §A of this regulation have been complied with; and

(2) The individual obtains a restricted driver's license before the earlier of 30 days from installation of the ignition interlock or their first ignition interlock monthly calibration.

C. An individual may only receive credit towards participation while they hold a valid driving privilege.

D. Except when the participant is a repeat offender subject to the provisions of Transportation Article, § 16-205(e), Annotated Code of Maryland, an employer waiver, allowing the participant to drive an employer vehicle in the course of the participant's employment during normal working hours, may be granted by the courts, or by the Administration, with submission of documentation of current employment and the need for the participant to operate the motor vehicle in the course of employment, in a form that is acceptable to the Administration.

E. An individual who requests an administrative hearing to show cause why the individual's driver's license should not be suspended or revoked is no longer eligible to participate in the Program unless:

(1) The individual withdraws the request for an administrative hearing and completes all the requirements set forth in §A of this regulation; or

(2) The individual's license suspension or revocation is modified by a final decision of an administrative law judge of the Office of Administrative Hearings to allow participation in the Program.

F. If the device is installed in a vehicle not owned by the participant, the individual shall provide the Administration with a notarized signed statement from the owner of the vehicle authorizing the installation of the interlock device.

G. The participant shall abide by the terms and conditions of the service provider's agreement, including payment of all costs and fees associated with the Program.

H. The Administration ignition interlock participation fee may be waived for participants experiencing financial hardship as set forth in COMAR 11.11.11.02A.

I. As a condition of continued enrollment in the Program, a participant shall have the interlock device serviced and data downloaded by a service provider, at a frequency not to exceed 30 days.

Md. Code Regs. 11.11.13.03

Regulation .03 amended as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582); amended effective 43:6 Md. R. 409, eff.3/28/2016; amended effective 43:19 Md. R. 1073, eff. 10/1/2016; amended effective 51:24 Md. R. 1081, eff. 12/12/2024.