2.3 Business Office and Classroom Facility Requirements
Key Takeaways
- A drivers' school business office must be the school's **principal place of business with a legal Maryland address**, equipped with a telephone with voicemail or an answering machine and a computer with email access (COMAR 11.23.01.20A).
- Classrooms must be **inspected and approved by the Administration before use**, except classrooms in institutions regulated by MSDE or the Maryland Higher Education Commission.
- Fees for courses and remedial training, office hours, the refund procedure, and the MVA complaint procedure must all be **prominently displayed** in the business office (COMAR 11.23.01.20D).
- Where a classroom and business office share space, business office hours must be adjusted so the office is **not open to the public while classes are in session**.
- A certified school may not enroll more than **30 individuals** in one driver education course, or the lower maximum allowed by zoning and fire codes (COMAR 11.23.02.32E).
The Business Office (COMAR 11.23.01.20)
A business office of a licensed drivers' school shall:
- Be its principal place of business having a legal Maryland address;
- Comply with all State and local building, zoning, fire and safety regulations, codes, and standards for use as a business office;
- Be equipped with (a) a telephone with either voicemail or an answering machine, and (b) a computer with email access;
- Clearly identify and display the drivers' school's name on an exterior sign, a lobby listing, or an interior door sign;
- Be open for business to the public and open for inspection by the Administration during posted business hours; and
- Be clean, orderly, and suitable for conducting business.
The office shall be inspected and approved by the Administration before a drivers' school license is issued (§B), and a relocated office — even a move within the same building — must be inspected and approved before use (§C).
What must be posted (§D)
The following shall be prominently displayed in the school's business office:
- The drivers' school license;
- Office hours;
- Fees for courses and remedial or additional training;
- The procedure for obtaining refunds from the school; and
- The procedures for filing complaints about the school with the Administration.
Consumers must be able to find the price list, the refund path, and the state complaint path without asking a salesperson. Items 3 through 5 are the ones candidates forget.
Permanent buildings (§E-F)
An office shall be in a permanent building at a fixed location with a legal business address. A portable structure, pre-engineered building, or mobile home is a permanent building if it is installed on a permanent foundation with conventional utility hookups and has been approved by the Administration. Both conditions are required.
The shared-space rule (§G)
If the physical design of a building requires that the classroom and adjacent business office share the same space, business office hours shall be adjusted so that the office is not open to the public while classes are in session. The identical rule appears at COMAR 11.23.01.21F from the classroom side.
Classrooms Under COMAR 11.23.01.21
Classrooms shall be inspected and approved by the Administration before being used for instruction (§A). Classrooms in educational institutions regulated by the Maryland State Department of Education or the Maryland Higher Education Commission need not be inspected (§B).
A classroom shall (§C):
- Be in a permanent building at a fixed location with an actual address for delivery of mail that is not a post office box or mail drop address;
- Comply with all State and local building, zoning, fire and safety codes for use as a classroom, including an up-to-date posted certificate identifying the maximum occupant capacity for all classrooms used for instruction or to administer tests;
- Meet Americans with Disabilities Act (ADA) requirements;
- Have adequate student seating and writing surfaces, an instructor's desk or podium, and room for storage of materials;
- Have heating, ventilation, and air-conditioning systems in good repair that keep students comfortable while classroom sessions are conducted;
- Be clean, orderly, and suitable for conducting instruction; and
- Be free from visible or audible activities other than instructional activities.
Item 7 is a real compliance trap. A classroom carved out of a retail showroom, a repair bay, or a waiting area with a television is not compliant even if it is otherwise well equipped.
The same permanent-building definition and the same relocation-inspection rule apply as for offices (§D-E).
Program Classrooms Under COMAR 11.23.02.31 and .32
For the driver education program specifically, COMAR 11.23.02.31A repeats that classroom instruction shall be conducted in a room inspected and approved by the Administration before a school may use it, with the same MSDE/MHEC exemption at §B. §C adds a seating requirement: all classrooms shall include student desks or tables and chairs, arranged to support instruction.
Class size (COMAR 11.23.02.32E-F)
Maximum enrollment for one driver education course:
the LOWER of -> 30 individuals
-> the maximum allowed under pertinent zoning and fire codes
A school shall request approval in writing from the Administration for a class size greater than 30 students, even if permitted under fire and zoning codes, and that approval "may not be unreasonably withheld." If approval is denied, the school may request a hearing under Transportation Article, §12-203 to demonstrate that a larger class size is reasonable.
Who else may be in the room (COMAR 11.23.02.32G-H)
Individuals other than enrolled students may be present only if the posted maximum occupancy is not exceeded, visitors present photo identification and sign a log form kept by the school, there are individual seats for everyone in the room, and the additional individuals do not interfere with or interrupt instruction.
The permitted categories are: individuals making up missed classroom instruction; parents, guardians, or supervising drivers for enrolled students; MVA staff conducting compliance or quality assurance visits; approved instructor trainers conducting instructor certification courses; a certified instructor supervising an apprentice instructor; an apprentice instructor; a school employee responsible for observing and evaluating instructor performance; parents or guardians of potential students evaluating the school; individuals designated and approved by the MVA to evaluate or research the program; and an interpreter for the hearing impaired.
§I requires a driver education school to permit the Administration to enter the classroom and observe the instruction and operations.
Worked scenario
Case. A certified school's classroom is posted at a 34-person occupancy by the fire marshal. The school advertises a course with 32 seats.
Analysis. Non-compliant as advertised. COMAR 11.23.02.32E caps enrollment at 30 individuals or the code maximum, whichever is lower — here, 30. To seat 32 the school must request MVA approval in writing under §F(1), which may not be unreasonably withheld; if denied, the school may seek a §12-203 hearing.
Under COMAR 11.23.01.20D, which of the following must be prominently displayed in a licensed drivers' school business office?
A certified school's classroom is rated by the fire marshal for 40 occupants. How many students may the school enroll in one driver education course without further action?
Which classroom condition does COMAR 11.23.01.21C require of a licensed drivers' school?
When a drivers' school building requires the classroom and the adjacent business office to share the same space, what does COMAR 11.23.01.20G require?