2013 Maryland Code
TRANSPORTATION
§ 12-104 - General powers and duties of Administration


MD Transp Code § 12-104 (2013) What's This?

§12-104.

(a) In addition to the specific powers granted and duties imposed by this title, the Administration has the powers and duties set forth in this section.

(b) The Administration may adopt rules and regulations to carry out:

(1) Those provisions of the Maryland Vehicle Law that relate to or are administered and enforced by the Administration; and

(2) The provisions of any other law that the Administration is authorized to administer and enforce.

(c) (1) The Administration shall maintain as many offices in this State as the Administrator considers necessary to carry out the powers and duties of the Administration.

(2) Each office shall be open on the days and during the hours that the Secretary determines are needed to serve the public.

(d) (1) With the approval of the Secretary, the Administration shall employ the deputies, subordinate officers, clerks, investigators, and other employees necessary to carry out the powers and duties of the Administration.

(2) Except as otherwise provided by law, and subject to § 2-103.4 of this article, each deputy, officer, and employee of the Administration:

(i) Is in the State Personnel Management System; and

(ii) Is entitled to the salary provided in the pay plan established under Title 8, Subtitle 1 of the State Personnel and Pensions Article.

(e) The Administration may delegate to the Office of Administrative Hearings the power and authority under the Maryland Vehicle Law to conduct hearings under this article and render final decisions in hearings conducted under this article.

(f) In accordance with § 6-313 of the Courts Article and the Maryland Rules, the Administration shall serve as the agent to receive a subpoena, a summons, or other process for a nonresident driver named as a party in an action brought in a court of this State.

§ 12-104 - 1. Issuance of citations [Effective until October 1, 2013]

(a) Appointment of employees. -- The Administrator may designate employees of the Investigative Division of the Administration to exercise the powers specified in subsection (b) of this section.

(b) Scope of authority. --

(1) An employee appointed under this section may issue citations to the extent authorized by the Administration for violations of:

(i) Those provisions of Title 13 of this article relating to:

1. The vehicle excise tax;

2. Vehicle titling and registration;

3. Special registration plates for individuals with disabilities; and

4. Parking permits for individuals with disabilities;

(ii) Those provisions of Title 17 of this article relating to required security;

(iii) Those provisions of Title 14 of this article relating to falsified, altered, or forged documents and plates;

(iv) Those provisions of Title 16 of this article relating to unlawful application for a license and vehicle operation during periods of cancellation, revocation, and suspension of a driver's license;

(v) Those provisions of Title 21 of this article relating to special residential parking permits issued by the Administration;

(vi) Those provisions of §§ 15-113 and 15-113.1 of this article relating to maintenance of and access to required business records;

(vii) Those provisions of Title 15 of this article relating to unlicensed business activity; and

(viii) Those provisions of this title relating to the issuance of an identification card.

(2) The issuance of citations under this section shall comply with the requirements of § 26-201 of this article.

(c) Regulations. -- The Administration shall adopt regulations establishing:

(1) Qualifications for employees appointed under this section including prerequisites of character, training, experience, and education; and

(2) Standards for the performance of the duties assigned to employees appointed under this section.

§ 12-104 - 1. Issuance of citations [Effective October 1, 2013]

(a) Appointment of employees. -- The Administrator may designate employees of the Investigative Division of the Administration to exercise the powers specified in subsection (b) of this section.

(b) Scope of authority. --

(1) An employee appointed under this section may issue citations to the same extent as a police officer if authorized by the Administration, for violations of:

(i) The provisions of Title 13 of this article;

1. The vehicle excise tax;

2. Vehicle titling and registration;

3. Special registration plates for individuals with disabilities; and

4. Parking permits for individuals with disabilities;

(ii) The provisions of Title 17 of this article relating to required security;

(iii) The provisions of Title 14 of this article relating to falsified, altered, or forged documents and plates;

(iv) The provisions of Title 16 of this article relating to unlawful application for a license, vehicle operation during periods of cancellation, revocation, and suspension of a driver's license, and duplication or reproduction of an identification card or driver's license;

(v) The provisions of Title 21 of this article relating to special residential parking permits issued by the Administration;

(vi) The provisions of Title 15 of this article;

(vii) The provisions of § 22-415 of this article relating to odometers; and

(viii) The provisions of this title relating to the issuance of an identification card.

(2) The issuance of citations under this section shall comply with the requirements of § 26-201 of this article.

(c) Regulations. -- The Administration shall adopt regulations establishing:

(1) Qualifications for employees appointed under this section including prerequisites of character, training, experience, and education; and

(2) Standards for the performance of the duties assigned to employees appointed under this section.

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