11.23.01.19

.19 Refusing, Suspending, or Revoking a Driving Instructor License.

A. Under Transportation Article, §15-109, Annotated Code of Maryland, the Administration may, after notice and hearing, suspend, revoke, or refuse to renew a driving instructor license or, after notice and opportunity for hearing, refuse to issue an initial instructor license if the Administration finds that the instructor or applicant failed to comply with any of the requirements pertaining to driving instruction and the instructor license as set forth in this chapter or under Transportation Article, Title 15, Subtitle 8, Annotated Code of Maryland.

B. The Administration shall, after notice and hearing, refuse to renew or, after notice and opportunity for hearing, refuse to issue an initial instructor's license, if the instructor or applicant:

(1) Provides fraudulent, inaccurate, or incomplete information on required applications, forms, reports, or other required documents; or

(2) Does not meet the requirements for license instructors set forth in this chapter.

C. Violations committed by a licensed instructor considered most serious shall result in a fine to the instructor of $1,000 for each offense and other disciplinary action. A second most serious violation shall result in a revocation of the instructor license.

D. Most serious violations include a charge for:

(1) Fraud in the operation of providing instruction;

(2) A sex offense;

(3) A crime of moral turpitude;

(4) Contributing to the delinquency of a minor;

(5) An offense involving a controlled dangerous substance;

(6) An offense involving alcohol or drugs while operating a motor vehicle;

(7) A felony involving the use of a motor vehicle;

(8) Acting in a manner that is unsafe for students participating in the program;

(9) Permitting instruction in the operation of a motor vehicle while an instructor's license is refused, suspended, or revoked;

(10) Failure of an instructor to maintain a valid driver's license to drive the class of vehicle in which instruction is to be given, with no driving restrictions, except for:

(a) Corrective lenses; or

(b) A restriction issued under Transportation Article, §16-203, Annotated Code of Maryland, for child support arrearages; or

(11) Providing instruction with more than four active points on the instructor's current driving record.

E. Except as provided in §D of this regulation, all other violations set forth in this regulation shall be considered a serious violation.

F. The Administration shall take progressive disciplinary action for any serious violation. The disciplinary action may include a conference, fines, or suspension or revocation of an instructor's license.

G. An individual whose instructor license has been suspended or revoked shall immediately:

(1) Surrender the instructor license badge to the Administration; and

(2) Stop conducting instruction and refrain from any involvement in the program.