2019 Maryland Code
Transportation
Title 12 - Vehicle Laws -- Motor Vehicle Administration
Subtitle 2 - Hearings
§ 12-206.1. Victim's representation notification form

    (a)    (1)    In this section the following words have the meanings indicated.

        (2)    “Victim” means a person who dies as the result of the commission of a moving violation by another person.

        (3)    “Victim’s representative” means a member of the family of a victim or a guardian or personal representative of a victim.

    (b)    (1)    During the investigation of a moving violation, the investigating agency shall:

            (i)    Inform the victim’s representative of the right to file a victim’s representation notification form with the Administration to request to be notified of a hearing under § 16–206(f) of this article; and

            (ii)    Provide the victim’s representative with a copy of the victim’s representation notification form developed by the Governor’s Office of Crime Control and Prevention under subsection (e) of this section.

        (2)    A victim’s representation notification form under this subsection may only be filed at least 30 days before a hearing under § 16–206(f) of this article.

    (c)    (1)    If a victim’s representative files a victim’s representation notification form under subsection (b) of this section and the person who committed the moving violation that resulted in the victim’s death requests a hearing under § 16–206(f) of this article, the Administration shall notify:

            (i)    The victim’s representative of the hearing in accordance with § 12–114 of this title at least 21 days before the hearing; and

            (ii)    The Office of Administrative Hearings that the victim’s representative has filed a victim’s representation notification form under subsection (b) of this section.

        (2)    Notice provided under this subsection shall state:

            (i)    The date, time, place, and nature of the hearing;

            (ii)    The legal authority and jurisdiction of the Administration to hear the matter;

            (iii)    The nature of the proposed action that the Administration is to consider;

            (iv)    That a copy of the hearing procedures is available on request and without cost to the victim’s representative;

            (v)    The right of the victim’s representative to be present at the hearing;

            (vi)    The right of the victim’s representative to submit a written statement for consideration by the Administration at the hearing; and

            (vii)    The right of the victim’s representative to make an oral statement for consideration by the Administration at the hearing.

        (3)    (i)    If a victim’s representative intends to make an oral statement, the victim’s representative shall notify the Administration at least 10 days before the hearing.

            (ii)    If a victim’s representative intends to submit a written statement, the statement shall be submitted to the Administration at least 10 days before the hearing.

    (d)    (1)    If a victim’s representative provides notice in accordance with subsection (c)(3)(i) of this section, the Administration shall allow the victim’s representative to make an oral statement for consideration by the Administration at the hearing.

        (2)    If a victim’s representative submits a written statement in accordance with subsection (c)(3)(ii) of this section, the Administration shall:

            (i)    Provide a copy of the written statement to the licensee before the hearing begins; and

            (ii)    Consider the written statement at the hearing.

    (e)    The Governor’s Office of Crime Control and Prevention shall develop and, as necessary, update a uniform victim’s representation notification form that may be filed by a victim’s representative under this section.