Md. Code Regs. 11.11.03.02

Current through Register Vol. 51, No. 22, November 1, 2024

Section 11.11.03.02 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Administration" means the Motor Vehicle Administration and includes the Office of Administrative Hearings.

(2) "Administrative law judge" means a person authorized to conduct hearings in contested cases under State Government Article, Title 9, Subtitle 16, Annotated Code of Maryland.

(3) "Alcohol incident" includes:

(a) A conviction or probation before judgment for a violation of Transportation Article, § 21-902(a), (b), (c), or (d), Annotated Code of Maryland;

(b) An offense committed under Transportation Article, § 16-205.1, Annotated Code of Maryland;

(c) A conviction of Criminal Law Article, Title 2, Subtitle 5, Annotated Code of Maryland;

(d) A conviction or offense committed in another jurisdiction which is substantially similar to those offenses referred to in §B(3)(a), (b), or (c); or

(e) A violation of an alcohol restriction.

(4) "Director" means the Director of the Administrative Adjudication Division, Motor Vehicle Administration, or the Director's designee.

(5) "License" means a license to drive as defined in Transportation Article, § 11-128, Annotated Code of Maryland.

(6) "Licensee" is one whose legal rights, duties, statutory entitlements, or privileges may be affected by the outcome of a contested case.

(7) "MVA branch office" means a facility of the Motor Vehicle Administration which provides licensing and titling services. It does not include limited service facilities known as MVA express offices.

(8) "Program" means the Ignition Interlock System Program established under Transportation Article, § 16-404.1, Annotated Code of Maryland, and approved by the Administration.

(9) "Test" means either one or both of the following:

(a) A test of a person's breath or of one specimen of a person's blood to determine alcohol concentration;

(b) A test or tests of one specimen of a person's blood to determine the drug or controlled dangerous substance content of the person's blood.

Md. Code Regs. 11.11.03.02

Regulations .02 adopted as a emergency provision effective January 1, 1990 (17:1 Md. R. 64) (Emergency provisions are temporary and not printed in COMAR)
Regulations .02 adopted effective May 28, 1990 (17:10 Md. R. 1220)
Regulation .02B amended effective October 1, 1990 (17:19 Md. R. 2321)
Regulation .02B 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)