Md. Code Regs. 11.14.01.04

Current through Register Vol. 51, No. 22, November 1, 2024

Section 11.14.01.04 - Administrative Penalties

A. The registration under Regulation .03 of this chapter may be refused, revoked, or suspended if the registered inspection mechanic, controller, supervisor, or inspection station licensee, has committed any of the following offenses:

(1) Misrepresentation or falsification of facts;

(2) Failure to comply with any requirements of these regulations;

(3) Performing inspection or certifying a vehicle for which the mechanic is not registered to inspect, except for defects indicated on a SERO which can be visually certified;

(4) Issuing an inspection certificate for a vehicle without having inspected its equipment;

(5) Issuing a repair order certification for any specified equipment without having inspected that equipment;

(6) Issuing an inspection certificate for a vehicle for which the equipment does not meet or exceed the standards established;

(7) Issuing a repair order certification for any specified equipment if that equipment does not meet or exceed the standards established under this subtitle;

(8) Conviction for:

(a) A felony;

(b) Assault;

(c) Battery;

(d) Theft;

(e) A crime involving fraud; or

(f) A controlled dangerous substance (CDS) violation.

(9) Making, issuing, or knowingly using any fictitious inspection certificate, repair order certification, or other document approved or issued by the Division;

(10) Attaching, causing to be attached, or permitting to be attached to any vehicle an inspection certificate knowing it to be fictitious or issued without the equipment having been inspected for compliance with Transportation Article, Title 23, Subtitle 1, Annotated Code of Maryland;

(11) Issuing, causing to be issued, or permitting to be issued a repair order certification knowing it to be fictitious or issued without the equipment having been inspected for compliance with Transportation Article, Title 23, Subtitle 1, Annotated Code of Maryland;

(12) Materially altering or changing any equipment on a vehicle for which an inspection certificate or a repair order certification has been issued;

(13) A suspension or revocation of a driver's license within the past 3 years;

(14) Using or being under the influence of alcoholic beverages or a controlled dangerous substance (CDS) during work hours; or

(15) Performing vehicle inspections in an area other than an approved designated inspection area.

B. A registered inspection mechanic shall discontinue inspections and notify the Division of any of the following circumstances and may not resume inspections until authorized to do so by the Division:

(1) Revocation, suspension, cancellation, or loss of driver's license;

(2) Change of employment;

(3) Conviction of a crime;

(4) Condition or circumstance which may affect the mechanic's ability to conduct inspections or sign inspection certificates or safety equipment repair orders; or

(5) Request to cancel the registration.

C. An authorized Maryland manufacturer, Maryland second-stage manufacturer, or dealer issuing a certification of repair for a dump service registration vehicle lift axle air/weight ratio defect without inspecting the equipment may have the privilege to certify safety equipment repair orders issued under COMAR 11.15.27.08CC revoked.

D. A Maryland diesel emissions retester, as prescribed in COMAR 11.21.02.08C, that issues a certification of a repair to meet a diesel emission opacity standard without conducting an emissions test in accordance with COMAR 11.21.02 may have the privilege to certify safety equipment repair orders issued under COMAR 11.21.02 revoked.

Md. Code Regs. 11.14.01.04

Regulation .04 amended effective October 9, 1995 (22:20 Md. R. 1544)
Regulation .04A amended effective April 1, 1991 (18:6 Md. R. 686)
Regulation .04D adopted effective July 10, 2000 (27:13 Md. R. 1212)