Section 12-206.1 - Victim's representation notification form. - Maryland Statutes

§ 12-206.1. Victim's representation notification form.
 

(a)  Definitions.-  

(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)  Right to file.-  

(1) During the investigation of a moving violation, a law enforcement officer shall inform a 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. 

(2) A victim's representation notification form under this subsection may only be filed within 20 days after the conviction of the moving violation. 

(c)  Notice.-  

(1) If a victim's representative files a victim's representation notification form under subsection (b) of this section, the Administration shall give the victim's representative notice in accordance with § 12-114 of this title at least 21 days before a hearing under § 16-206(f) of this article. 

(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 the cost to obtain a copy; 

(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)  Oral statement; copy of written statement.-  

(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. 
 

[2010, ch. 522.]