Md. Code Regs. 11.12.09.06

Current through Register Vol. 51, No. 24, December 2, 2024

Section 11.12.09.06 - Instructor Requirements

A. An individual applying for approval to be a DIP instructor shall:

(1) Be 21 years old or older;

(2) Be a graduate from a standard high school or possess a state high school equivalence certificate;

(3) Have a valid driver's license, issued by Maryland or another state, without any alcohol, ignition interlock, or work-only or education-only restrictions;

(4) Have less than five active points on their driving record;

(5) Successfully complete, as of March 2008, an Administration approved DIP instructor certification course for DIP instructors or the required instructor training set forth in §B of this regulation for 3-Hours ADEP;

(6) Have no outstanding charges or convictions of any crime of moral turpitude, unless acceptable evidence is presented to the Administration that satisfactory rehabilitation has taken place for the charge or conviction; and

(7) Have no sex offense convictions or charges.

B. 3-Hour Alcohol and Drug Education Program Instructors.

(1) In addition to the requirements set forth in §A of this regulation, a 3-Hour ADEP instructor shall:

(a) Complete a course on the effects of alcohol and drugs, or an equivalent course as specified by the Office of Education and Training for Addictions Services, Department of Health and Mental Hygiene;

(b) Be approved by the Alcohol and Drug Abuse Administration to instruct an alcohol and drug education program; or

(c) Complete the 3-Hour Alcohol and Drug Education instructor program approved by both the Administration and the Alcohol and Drug Abuse Administration.

(2) The Administration may waive all or part of the required instructor training for persons certified by the Maryland State Board of Education as teachers.

C. An individual approved by the Administration to teach DIP before March 2008 is not required to complete the DIP instructor certification course if the individual:

(1) Is currently approved by the Administration as a DIP instructor; and

(2) Has taught at least one DIP course each year for the last 3 consecutive years.

D. Instructor's Driver Records.

(1) An instructor of a program under this chapter shall maintain a satisfactory driving record while approved to teach the DIP and 3-Hour ADEP.

(2) An Administration approved provider for the DIP and 3-Hour ADEP is responsible for:

(a) Monitoring the instructor's driver record;

(b) Immediately notifying the instructor if the instructor's driving record is unsatisfactory;

(c) Not scheduling an instructor with an unsatisfactory driving record to teach DIP or 3-Hour ADEP; and

(d) Notifying the Administration by letter, email, or facsimile of the action taken by the provider against the instructor.

(3) The instructor's driving record is unsatisfactory when the instructor has:

(a) Been convicted of driving offenses, in this or any other state, that if such a conviction occurred in Maryland would result in an accumulation of five or more points on the instructor's driving record;

(b) Been charged or convicted of an offense involving alcohol, drugs, or controlled dangerous substances while operating a motor vehicle;

(c) Been charged or convicted of any felony involving the use of a motor vehicle; or

(d) Had their driving privileges canceled, suspended, revoked, or subject to alcohol, ignition interlock, work-only, or education-only restrictions.

Md. Code Regs. 11.12.09.06

Regulation .06 amended effective April 30, 2012 (39:8 Md. R. 536)