1. A. When a repeat alcohol offender receives notification from the Administration of the requirement to install and maintain an ignition interlock system on all vehicles owned and co-owned under Transportation Article, §16-205, Annotated Code of Maryland, the offender may request a hearing to present evidence of financial hardship so that the vehicle or vehicles may be considered for exemption from the requirement.
2. B. A repeat alcohol offender requesting a vehicle exemption due to a financial hardship shall submit a written request for a hearing with a request for consideration for a vehicle exemption due to a financial hardship within 15 days of the notice date.
3. C. The repeat offender shall provide documented proof of financial hardship as defined in Regulation .02 of this chapter to be considered by the administrative law judge at the administrative hearing.
4. D. The Administration shall deny any request for an ignition interlock vehicle exemption due to a financial hardship if the person does not submit a timely request for a hearing within 15 days of the notice date.
5. E. At the administrative hearing the administrative law judge shall consider a request for exemption of a vehicle or vehicles owned and co-owned by the repeat alcohol offender, if the offender meets the criteria for a financial hardship.
6. F. The repeat offender has the burden of proof of a financial hardship.
7. G. If an administrative law judge determines that a repeat offender has a financial hardship, the Administration shall exempt any vehicle designated by the administrative law judge from the requirement of installing and maintaining an ignition interlock system on the designated vehicle.

Authority: Transportation Article, §§12-104(b) and 16-205, Annotated Code of Maryland

Effective date: September 1, 2003 (30:17 Md. R. 1204)

Regulation .02B amended as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582)