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Session Laws, 2004
Volume 801, Page 2762   View pdf image
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S.B. 329

VETOES

3. THAT THE SUSPENSION OF THE OBLIGOR'S LICENSE OR
PRIVILEGE TO DRIVE WOULD BE AN IMPEDIMENT TO THE OBLIGOR'S CURRENT OR
POTENTIAL EMPLOYMENT AND THE OBLIGOR DOES NOT HAVE THE PRESENT
ABILITY TO PAY THE MONEY REQUIRED TO REINSTATE THE LICENSE OR PRIVILEGE
TO DRIVE
; OR

4. 3. THAT THE SUSPENSION OF THE OBLIGOR'S LICENSE
OR PRIVILEGE TO DRIVE WOULD PLACE AN UNDUE HARDSHIP ON THE OBLIGOR
BECAUSE THE OBLIGOR HAS A DISABILITY RENDERING THE OBLIGOR, REGARDLESS
OF WHETHER LICENSED OR NOT, UNABLE TO WORK AND TO PAY THE MONEY
REQUIRED TO REINSTATE THE LICENSE OR PRIVILEGE TO DRIVE
OF THE OBLIGOR'S:

A. DOCUMENTED DISABILITY RESULTING IN A VERIFIED
INABILITY TO WORK; OR

B. INABILITY TO COMPLY WITH THE COURT ORDER; and

(ii) give the obligor a reasonable opportunity to contest REQUEST
AN INVESTIGATION OF [the accuracy of the information] THE PROPOSED ACTION OF
THE ADMINISTRATION.

(2)     (i) Upon receipt of a request for investigation from the obligor, the
Administration shall conduct an investigation as to the [accuracy of the reported
arrearage] EXISTENCE OF THE GROUNDS ON WHICH THE OBLIGOR BASES THE
OBJECTION
TO DETERMINE IF ANY OF THE GROUNDS UNDER PARAGRAPH (1)(I) OF
THIS SUBSECTION EXIST.

(II) THE ADMINISTRATION SHALL:

1.       SEND A COPY OF THE OBLIGOR'S REQUEST FOR AN
INVESTIGATION TO THE OBLIGEE BY FIRST-CLASS MAIL;

2.       GIVE THE OBLIGEE A REASONABLE OPPORTUNITY TO
RESPOND; AND

3.       CONSIDER THE OBLIGEE'S RESPONSE.

(ii) (III) Upon completion of the investigation, the Administration
shall notify the obligor of the results of the investigation and the obligor's right to
appeal to the Office of Administrative Hearings.

(3)     (i) An appeal under this section shall be conducted in accordance
with Title 10, Subtitle 2 of the State Government Article.

(ii) An appeal shall be made in writing and shall be received by the
Office of Administrative Hearings within 20 days after the notice to the obligor of the
results of the investigation.

(4)     If, after the investigation or appeal to the Office of Administrative
Hearings, the Administration finds that [it erred in making a decision] ONE OF THE
GROUNDS UNDER PARAGRAPH (1)(I) OF THIS SUBSECTION EXISTS, the Administration
may not send any information about the obligor to the Motor Vehicle Administration.

- 2762 -

 

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Session Laws, 2004
Volume 801, Page 2762   View pdf image
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