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Session Laws, 1993
Volume 772, Page 3043   View pdf image
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WILLIAM DONALD SCHAEFER, Governor

Ch. 621

12-206.

EXCEPT AS OTHERWISE PROVIDED IN THIS ARTICLE, A HEARING HELD UNDER
THE MARYLAND VEHICLE LAW SHALL BE CONDUCTED IN ACCORDANCE WITH TITLE
10, SUBTITLE 2 OF THE STATE GOVERNMENT ARTICLE (ADMINISTRATIVE
PROCEDURE ACT - CONTESTED CASES).

12-207.

(a)      [(1) Each hearing shall be conducted in accordance with the rules of
evidence in §§ 10-208 and 10-209 of the State Government Article.

(2) The Administration may take judicial notice of technical and scientific
facts within its specialized knowledge and of generally known facts. Either before or
during the hearing, the Administration shall notify the parties of the facts noticed and
shall give the parties an opportunity to contest these facts. The Administration may use
its experience, technical competency, and specialized knowledge in weighing evidence
presented at a hearing.

(b)      (1)] Any party to a hearing may request that the testimony presented at the
hearing be transcribed.

[(2)](B) The party requesting the transcription shall pay for its cost.
However, if an appeal is taken under § 12-209 of this subtitle, the party need not pay the
cost of the transcription if the court finds that the party is indigent.

12-208.

(a)      After a hearing, the Administration may:

(1)      Refuse, suspend, or revoke the license or privilege of an applicant or
licensee;

(2)      Rescind, continue, or modify any prior action; or

(3)      Take any other action permitted by the Maryland Vehicle Law.

(b)      If a decision or order of the Administration is adverse to any party to the
hearing, the decision or order:

(1)      Shall be made in [writing on the record and accompanied by findings of
fact and conclusions of law] ACCORDANCE WITH § 10-221 OF THE STATE
GOVERNMENT ARTICLE; and

(2)      Unless service is waived by the party, shall be served [at once, by
personal delivery or mail,] on the party or [his] THE PARTY'S attorney.

(C) SUBJECT TO § 10-209(B) AND (C) OF THE STATE GOVERNMENT ARTICLE,
AND EXCEPT AS OTHERWISE PROVIDED IN THIS ARTICLE, IF A PARTY FAILS TO
APPEAR FOR A HEARING SCHEDULED UNDER THE MARYLAND VEHICLE LAW, THE
ADMINISTRATION MAY:

(1) FOR A HEARING SCHEDULED UNDER § 12-203 OF THIS ARTICLE,
IMPOSE THE SANCTION PROPOSED IN THE NOTICE; OR

- 3043 -

 

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Session Laws, 1993
Volume 772, Page 3043   View pdf image
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