Md. Code Regs. 11.11.02.03

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

Section 11.11.02.03 - Notice

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.

Md. Code Regs. 11.11.02.03

Regulations .03 repealed effective March 21, 1988 (15:6 Md. R. 740)
Regulations .03 adopted effective March 21, 1988 (15:6 Md. R. 740)
Regulation .03 amended effective September 14, 1992 (19:18 Md. R. 1657)
Regulation .03C amended effective April 22, 1996 (23:8 Md. R. 606)