Code of Maryland Regulations
Title 11 - DEPARTMENT OF TRANSPORTATION
Subtitle 11 - MOTOR VEHICLE ADMINISTRATION-ADMINISTRATIVE PROCEDURES
Chapter 11.11.02 - Administrative Hearings
Section 11.11.02.03 - Notice

Universal Citation: MD Code Reg 11.11.02.03

Current through Register Vol. 51, No. 6, March 22, 2024

A. In a contested case, all parties shall be afforded an opportunity for hearing after reasonable notice.

B. The notice shall include:

(1) The date, time, and place of the hearing;

(2) The legal authority and jurisdiction of the Administration to hear the matter,

(3) The specific section of each statute and regulation, including a procedural regulation, that is pertinent;

(4) The facts in sufficient detail to enable a party to prepare his case;

(5) The nature of the proposed action that the Administration is to consider;

(6) The right of a party to the hearing to be represented by counsel; and

(7) If a licensee is a party to the hearing, the right of the Administration, on failure of the licensee to appear, to order a suspension of the licensee's license or privilege until the licensee appears for a hearing.

C. Except as provided in §§D and E of this regulation, the notice shall be given at least 10 days before the date of the hearing. A hearing shall be scheduled within 30 days of the date a party requests a hearing. Notice shall be sent to the party as provided in Transportation Article, § 12-114, and State Government Article, § 10-208, Annotated Code of Maryland.

D. If the Administration has immediately suspended a licensee's driving privilege after determining that there is a likelihood of substantial and immediate danger and harm to the licensee or others, the Administration shall provide a hearing within 7 days of a party's request.

E. A hearing shall be conducted at the location indicated in the notice, except that if the Administration determines that it is necessary to take testimony from a law enforcement officer, the hearing may be convened or reconvened at the Administration's hearing location most convenient to the assigned duty station of the law enforcement officer.

Disclaimer: These regulations may not be the most recent version. Maryland may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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