1.5 Badges, Renewal, Professional Development, and Discipline

The Badge (COMAR 11.23.01.16 and 11.23.02.18)

The MVA issues a driving instructor identification badge to a licensed instructor at the time of licensure (11.23.01.16B). The badge "shall be worn by the instructor, in full view at all times, when functioning in the capacity of an instructor" (§C). Certified instructors carry a parallel instructor certification badge under the identical full-view rule at 11.23.02.18B.

A duplicate badge is available for one that is lost, stolen, mutilated, or destroyed. For the driving instructor badge (11.23.01.18) the holder submits an application stating the date and circumstances, surrenders the badge if mutilated, and pays the duplicate fee in COMAR 11.11.05. For the certification badge (11.23.02.20) the same application is required and a mutilated badge is surrendered.

There is no separate "pocket card" credential in COMAR 11.23. The regulated article is a badge, and the regulated duty is to wear it in full view, not merely to carry it.

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Continuing Duties of a Credential Holder

Licensed driving instructor (COMAR 11.23.01.16D)

An instructor shall:

1. Teach the courses in accordance with the program curriculum approved by the Administration for the licensed school;
2. Maintain a valid driver's license for the class of vehicle taught, with no restrictions except corrective lenses or a §16-203 child-support restriction;
3. Have no more than four active points;
4. Maintain satisfactory criminal-history data — no pending charges or convictions for fraud, a crime of moral turpitude, a sex offense, contributing to the delinquency of a minor, a controlled dangerous substance offense, an offense involving alcohol or drugs while operating a motor vehicle, or a felony involving the use of a motor vehicle;
5. Disclose any reportable medical conditions;
6. Report to the Administration, in writing, any change in the information supplied in the latest application or renewal form within 30 days; and
7. Continuously follow all the requirements of the chapter.

Certified instructor (COMAR 11.23.02.18)

The certified-instructor duties add two that are heavily tested:

• §D — "A certified instructor may not use a cell phone or allow the student to use a cell phone in a moving motor vehicle while conducting behind-the-wheel instruction, except in the event of an emergency." The prohibition runs both ways, instructor and student.
• §H — a certified instructor shall report to the Administration, in writing, within 5 business days of any change in the information supplied in the latest application or renewal form.

Two different reporting clocks

A licensed instructor reports changes within 30 days (11.23.01.16D(6)). A certified instructor reports changes within 5 business days (11.23.02.18H). An instructor holding both credentials is bound by both, so the practical deadline is 5 business days.

Under 11.23.02.18G the certified instructor also reports to the employing school: proof of completed professional development, any complaints or charges, any convictions or dispositions that would be grounds for adverse action, and any reportable medical conditions.

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Renewal: Two Cycles, Two Standards

Both chapters incorporate State Government Article, §10-226: the credential "shall be considered expired on the expiration date if the completed application for renewal was not received by the Administration at least 2 calendar weeks before expiration." Filing on the last day does not preserve the credential.

Both chapters also require the holder to resolve pending charges and complaints and take appropriate remedial action while the current credential remains in force (11.23.01.17C; 11.23.02.19D). You cannot carry an open disciplinary matter through a renewal.

COMAR 11.23.02.30 governs the professional development courses themselves. The Administration approves all courses required under Regulations .18 and .19, may conduct them, and requires an organization seeking approval to submit the course outline, description, content areas, and performance criteria at least 4 weeks before the planned advertisement date or the course start date, whichever is earlier.

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Discipline (COMAR 11.23.01.19 and 11.23.02.21)

Under Transportation Article, §15-109, the Administration may — after notice and hearing — suspend, revoke, or refuse to renew a driving instructor license, or, after notice and opportunity for hearing, refuse to issue an initial license, if the instructor or applicant failed to comply with the chapter or with Title 15, Subtitle 8. The Administration shall refuse to renew or issue if the applicant provided fraudulent, inaccurate, or incomplete information, or does not meet the chapter's requirements (§B).

The two-tier penalty structure

MOST SERIOUS VIOLATION  ->  $1,000 fine for each offense + other disciplinary action
Second most serious     ->  REVOCATION of the instructor license
All other violations    ->  "Serious" -> progressive discipline
                            (conference, fines, suspension, or revocation)

Most serious violations (11.23.01.19D) are a charge for:

1. Fraud in the operation of providing instruction;
2. A sex offense;
3. A crime of moral turpitude;
4. Contributing to the delinquency of a minor;
5. An offense involving a controlled dangerous substance;
6. An offense involving alcohol or drugs while operating a motor vehicle;
7. A felony involving the use of a motor vehicle;
8. Acting in a manner that is unsafe for students participating in the program;
9. Permitting instruction in the operation of a motor vehicle while an instructor's license is refused, suspended, or revoked;
10. Failure to maintain a valid driver's license for the class of vehicle taught, with no restrictions except corrective lenses or a §16-203 restriction; or
11. Providing instruction with more than four active points on the instructor's current driving record.

An individual whose instructor license has been suspended or revoked shall immediately surrender the badge to the Administration and stop conducting instruction and refrain from any involvement in the program (§G).

COMAR 11.23.02.21 mirrors this for instructor certification under Transportation Article, §16-506, with the same serious/most-serious split and the same progressive-discipline mandate for serious violations.

Worked scenario

Case. An instructor is convicted of a moving violation that brings the active point total to five. The instructor teaches two in-car lessons the following week.

Analysis. COMAR 11.23.01.16D(3) requires the licensed instructor to maintain no more than four active points, and COMAR 11.23.01.19D(11) makes providing instruction with more than four active points a most serious violation. The exposure is a $1,000 fine for each offense plus other disciplinary action, and a second most serious violation results in revocation. The instructor also owes the Administration written notice of the change under 11.23.01.16D(6).