EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1030*
HOUSE BILL 1030
C5 5lr0718
CF SB 747
By: Delegates Fennell, Ivey, and Martinez
Introduced and read first time: February 3, 2025
Assigned to: Economic Matters
A BILL ENTITLED
AN ACT concerning 1
Transportation Network Companies – Deactivation of Operators – Policy and 2
Appeal Procedure 3
FOR the purpose of altering the definitions of “transportation network company” and 4
“transportation network operator” for purposes of provisions of law regarding 5
transportation network companies; requiring a transportation network company to 6
maintain a deactivation policy that provides the policies and procedures for the 7
deactivation of operators; prohibiting a transportation network company from 8
deactivating an operator unless the deactivation is consistent with the company’s 9
deactivation policy; requiring a transportation network company to provide notice 10
and certain information to the transportation network company’s operators and any 11
operator who is deactivated; requiring a transportation network company to 12
maintain an internal deactivation appeal procedure; authorizing an operator who 13
receives a notice of deactivation to appeal the deactivation; and generally relating to 14
the deactivation of transportation network company operators. 15
BY repealing and reenacting, without amendments, 16
Article – Public Utilities 17
Section 10–101(a) 18
Annotated Code of Maryland 19
(2020 Replacement Volume and 2024 Supplement) 20
BY repealing and reenacting, with amendments, 21
Article – Public Utilities 22
Section 10–101(l) and (m) and 10–401 23
Annotated Code of Maryland 24
(2020 Replacement Volume and 2024 Supplement) 25
BY adding to 26
Article – Public Utilities 27
Section 10–409 28 2 HOUSE BILL 1030
Annotated Code of Maryland 1
(2020 Replacement Volume and 2024 Supplement) 2
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3
That the Laws of Maryland read as follows: 4
Article – Public Utilities 5
10–101. 6
(a) In this title the following words have the meanings indicated. 7
(l) “Transportation network company” means [a company that operates in the 8
State using a digital network to connect passengers to transportation network operators or 9
transportation network partners for transportation network services] AN ORGANIZATION , 10
INCLUDING A CORPORAT ION, PARTNERSHIP , OR SOLE PROPRIETOR , THAT USES AN 11
ONLINE–ENABLED APPLICATION , PLATFORM, OR DIGITAL DISPATCH SYSTEM TO: 12
(1) CONNECT PASSENGERS AND CUSTOMERS WITH TRANS PORTATION 13
NETWORK DRIVERS ; 14
(2) PRESENT OFFERS TO TR ANSPORTATION NETWORK DRIVERS 15
THROUGH A DIGITAL LA BOR PLATFORM ; OR 16
(3) FACILITATE THE PROVI SION OF TRANSPORTATI ON SERVICES FOR 17
COMPENSATION BY TRAN SPORTATION NETWORK D RIVERS. 18
(m) “Transportation network operator”, “transportation network partner”, or 19
“transportation network driver” means an individual who: 20
(1) has been issued a transportation network operator’s license, or is 21
otherwise authorized, by the Commission to provide transportation network services; 22
(2) [receives, through a transportation network company’s digital network 23
application, a connection to a potential passenger to transport the passenger between 24
points chosen by the passenger in exchange for the payment of a fee to the transportation 25
network company] PROVIDES TRANSPORTAT ION TO PASSENGERS OR CUS TOMERS: 26
(I) THROUGH A TRANSPORTA TION NETWORK COMPANY ’S 27
PLATFORM; AND 28
(II) BETWEEN POINTS CHOSE N BY THE PASSENGER O R 29
CUSTOMER IN EXCHANGE FOR PAYMENT : 30
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1. OF A FEE TO THE TRAN SPORTATION NETWORK 1
COMPANY; AND 2
2. FOR THE OPERATOR ’S SERVICE MADE THROUGH OR 3
BY THE TRANSPORTATIO N NETWORK COMPANY ; and 4
(3) uses a motor vehicle that is owned, leased, or otherwise authorized for 5
use by the individual and is approved BY THE COMMISSION AND THE TR ANSPORTATION 6
NETWORK COMPANY for use in providing transportation network services [by the 7
Commission]. 8
10–401. 9
(a) In this subtitle the following words have the meanings indicated. 10
(b) (1) “EGREGIOUS MISCONDUCT ” MEANS AN ACTION OR A BEHAVIOR 11
BY AN OPERATOR THAT : 12
(I) POSES AN IMMEDIATE T HREAT TO THE PHYSICA L SAFETY OF 13
A PASSENGER OR CUSTOMER, ANOTHER PERSON , OR AN ANIMAL; OR 14
(II) INTENTIONALLY CAUSES IMMEDIATE AND IRREPA RABLE 15
ECONOMIC HARM TO A PASSENGER OR CUSTOMER, ANOTHER PERSON , OR THE 16
TRANSPORTATION NETWO RK COMPANY . 17
(2) “EGREGIOUS MISCONDUCT ” INCLUDES: 18
(I) 1. THREE OR MORE NONCRI MINAL MOVING VIOLATI ONS 19
WITHIN A 3–YEAR PERIOD; OR 20
2. THREE OR MORE AT –FAULT TRAFFIC COLLIS IONS IN A 21
3–YEAR PERIOD; AND 22
(II) ANY CONDUCT THAT THE COMMISSION DEFINES BY 23
REGULATION AS EGREGI OUS MISCONDUCT . 24
(3) “EGREGIOUS MISCONDUCT ”, EXCEPT AS PROVIDED I N 25
PARAGRAPH (2) OF THIS SUBSECTION, DOES NOT INCLUDE CON DUCT RELATED TO 26
NONCRIMINAL MOVING V IOLATIONS OR TRAFFIC COLLISIONS. 27
(C) “Insurance Commissioner” means the Insurance Commissioner of the 28
Maryland Insurance Administration. 29
4 HOUSE BILL 1030
(D) “MOVING VIOLATION ” HAS THE MEANING STAT ED IN § 11–136.1 OF THE 1
TRANSPORTATION ARTICLE. 2
[(c)] (E) “Operator” means a transportation network operator, transportation 3
network partner, or transportation network driver. 4
(F) “OPERATOR ADVOCACY ORG ANIZATION” MEANS A 5
MEMBERSHIP –BASED, MEMBER–LED NONPROFIT OR LABOR ORGANIZATION THAT : 6
(1) HAS OPERATED IN THE STATE FOR AT LEAST 2 YEARS WITH THE 7
PRINCIPAL PURPOSE OF SUPPORTING OPERATORS ; 8
(2) HAS NOT PREVIOUSLY A ND DOES NOT CURRENTL Y RECEIVE 9
FUNDING, DIRECTLY OR INDIRECT LY, FROM A TRANSPORTATION NETWO RK 10
COMPANY; 11
(3) IS NOT EXCESSIVELY I NFLUENCED OR CONTROL LED BY A 12
TRANSPORTATION NETWO RK COMPANY ; AND 13
(4) HAS NOT PREVIOUSLY A ND IS NOT CURRENTLY AFFILIATED WITH 14
ANY OTHER ENTITY : 15
(I) THAT RECEIVES FUNDIN G, DIRECTLY OR INDIRECT LY, 16
FROM ANY ENTITY CONT ROLLED BY A TRANSPOR TATION NETWORK COMPANY ; OR 17
(II) THAT IS, DIRECTLY OR INDIRECT LY, EXCESSIVELY 18
INFLUENCED OR CONTRO LLED BY A TRANSPORTA TION NETWORK COMPANY . 19
10–409. 20
(A) (1) IN THIS SECTION, “DEACTIVATE” OR “DEACTIVATION” MEANS AN 21
ACTION BY A TRANSPORTATION NET WORK COMPANY THAT RE STRICTS AN 22
OPERATOR’S ACCESS TO THE COMPANY’S DIGITAL NETWORK FOR 48 HOURS OR 23
MORE. 24
(2) “DEACTIVATE” OR “DEACTIVATION ” INCLUDES: 25
(I) BLOCKING AN OPERATOR ’S ACCESS TO A DIGITA L 26
NETWORK; 27
(II) SUSPENDING AN OPERAT OR; AND 28
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(III) CHANGING AN OPERATOR ’S STATUS FROM ELIGIB LE TO 1
INELIGIBLE TO PROVID E TRANSPORTATION NETWO RK SERVICES FOR 48 HOURS OR 2
MORE. 3
(B) (1) A TRANSPORTATION NETWO RK COMPANY SHALL : 4
(I) MAINTAIN A WRITTEN POLICY THAT PROVIDES THE 5
POLICIES AND PROCEDU RES FOR THE DEACTIVA TION OF OPERATOR S; AND 6
(II) MAKE THE DEACTIVATIO N POLICY AVAILABLE : 7
1. ON THE TRANSPORTATIO N NETWORK COMPANY ’S 8
WEBSITE AND THROUGH THE TRANSPOR TATION NETWORK COMPANY’S DIGITAL 9
NETWORK APPLICATION ; 10
2. IN ENGLISH AND OTHER LANGUAGES THE 11
TRANSPORTATION NETWO RK COMPANY KNOWS OR HAS REASON TO KNOW A RE 12
SPOKEN BY THE TRANSP ORTATION NETWORK COM PANY’S OPERATORS; AND 13
3. FOR AT LEAST 3 YEARS AFTER THE LAST DAY THAT 14
THE POLICY IS IN EFFECT. 15
(2) ANY UPDATE OR CHANGE TO THE DEACTIVATION POL ICY SHALL 16
BE PROVIDED TO THE TRANSPORTATION NETWORK COMPANY’S OPERATOR S AT 17
LEAST 72 HOURS BEFORE THE UPD ATE OR CHANGE TAKES EFFECT. 18
(C) (1) THE DEACTIVATION POLI CY SHALL BE SPECIFIC ENOUGH F OR AN 19
OPERATOR TO UNDERSTAND WHAT C ONSTITUTES A VIOLATI ON OF THE POLICY AND 20
HOW TO AVOID VIOLATI NG THE POLICY. 21
(2) (I) THE DEACTIVATION POLI CY SHALL BE REASONAB LY 22
RELATED TO THE SAFE AND EFFICIENT OPER ATION OF THE TRANSPORTATION 23
NETWORK COMPANY . 24
(II) THE DEACTIVATION POLI CY MAY NOT INCLUDE A POLICY 25
THAT WOULD RESULT IN A DEACTIVATION BASED ON: 26
1. AN OPERATOR ’S AVAILABILITY TO WO RK, INCLUDING 27
THE NUMBER OF HOURS THE OPERATOR IS AVAI LABLE TO WORK ; 28
2. AN OPERATOR’S ACCEPTANCE OR REJE CTION OF ANY 29
INDIVIDUAL OFFER , ANY TYPES OF OFFERS , OR ANY NUMBER OR PRO PORTION OF 30
OFFERS; 31 6 HOUSE BILL 1030
3. AN OPERATOR ’S CANCELLATION OF AN OFFER WITH 1
CAUSE; 2
4. AN OPERATOR CONTACTI NG THE TRANSPORTATIO N 3
NETWORK COMPANY ; 4
5. STATEMENTS BY AN OPER ATOR REGARDING THE 5
TERMS AND CONDITIONS OF THE WORK THAT ARE MADE TO CUSTOMERS , OTHER 6
OPERATORS, OTHER TRANSPORTATION NETWORK COMPANIES , THE MEDIA, PUBLIC 7
OFFICIALS, OR THE GENERAL PUBLIC; 8
6. A QUANTITATIVE METRI C DERIVED FROM 9
AGGREGATE CUSTOMER RATIN GS OF AN OPERATOR ’S PERFORMANCE ; 10
7. AN OPERATOR ASSERTIN G THEIR LEGAL RIGHTS , 11
WHETHER IN COURT OR THROUGH PROCEDURES P ROVIDED BY ANY LOCAL , STATE, 12
OR FEDERAL AGENCY ; OR 13
8. EXCEPT IN THE CASE O F EGREGIOUS MISCONDUCT OR 14
WHERE DEACTIVATION I S OTHERWISE REQUIRED BY LAW, THE RESULTS OF A 15
BACKGROUND CHECK , CONSUMER REPORT , DRIVING RECORD, OR RECORD OF 16
TRAFFIC VIOLATIONS. 17
(3) THE COMMISSION MAY ADOPT REGULATIONS : 18
(I) ESTABLISHING THE FOR M AND DESCRIPTION OF THE 19
DEACTIVATION POLICY , THE MANNER IN WHICH THE DEACTIVATION POL ICY IS 20
DISTRIBUTED, AND THE LANGUAGES TH E DEACTIVATION POLIC Y MUST BE 21
PROVIDED IN; AND 22
(II) DEFINING REASONABLEN ESS OF A DEACTIVATIO N POLICY. 23
(D) (1) EXCEPT AS PROVIDED IN SUBSECTIONS (F) AND (G) OF THIS 24
SECTION, BEFORE DEACTIVATING AN OPER ATOR, A TRANSPORTATION NET WORK 25
COMPANY SHALL : 26
(I) CONDUCT A FAIR AND O BJECTIVE INVESTIGATI ON; AND 27
(II) DEMONSTRATE BY A PRE PONDERANCE OF THE EV IDENCE 28
THAT THE ALLEGED VIO LATION OF THE DEACTI VATION POLICY OCCURR ED. 29
HOUSE BILL 1030 7
(2) A TRANSPORTATION NETWO RK COMPANY MAY NOT D EACTIVATE 1
AN OPERATOR UNLESS T HE INVESTIGATION IS THOROUGH ENOUGH TO JUSTIFY THE 2
DEACTIVATION . 3
(3) IF AN OPERATOR DOES NOT PA RTICIPATE IN AN INVESTIGATION 4
CONDUCTED UNDER THIS SUBSECTION OR PROVIDE RELEVANT INFORMATION , A 5
TRANSPORTATION NETWO RK COMPANY MAY COMPLETE THE INV ESTIGATION BASED 6
ON AVAILABLE SOURCES OF INFORMATION . 7
(E) (1) A TRANSPORTATION NETWO RK COMPANY MAY NOT DEACTIVATE 8
AN OPERATOR: 9
(I) FOR AN UNWARRANTED R EASON OR A REASON THAT IS 10
INCONSISTENT WITH TH E COMPANY’S DEACTIVATION POLIC Y; OR 11
(II) IF THE DEACTIVATION IS INTENDED TO OR RE SULTS IN 12
DISCRIMINATION OR A DISCRIMINATORY ACT . 13
(2) A TRANSPORTATION NETWO RK COMPAN Y SHALL APPLY THE 14
DEACTIVATION POLICY AND PENALTIES FOR VI OLATING THE POLICY I N A 15
CONSISTENT MANNER . 16
(3) THE PENALTY OF DEACTI VATION MUST: 17
(I) BE REASONABLY RELATE D TO A VIOLATION OF THE 18
TRANSPORTATION NETWO RK COMPANY ’S DEACTIVATION POLIC Y; AND 19
(II) TAKE INTO ACCOUNT MI TIGATING CIRCUMSTANC ES, 20
INCLUDING THE OPERAT OR’S PAST WORK HISTORY WITH THE TRANSPORTAT ION 21
NETWORK COMPANY . 22
(F) A TRANSPORTATION NETWO RK COMPANY MAY IMMED IATELY 23
DEACTIVATE AN OPERAT OR IF: 24
(1) THE DEACTIVATION IS REQUIRED TO COMPLY W ITH ANY 25
APPLICABLE COURT ORD ER OR LOCAL, STATE, OR FEDERAL LAW OR RE GULATION; 26
OR 27
(2) SUBJECT TO SUBSECTIO N (G) OF THIS SECTION , THE OPERATOR 28
HAS CLEARLY ENGAGED IN EGREGIOUS MISCOND UCT. 29
(G) (1) IF AN OPERATOR IS ALLEGED TO HAVE ENGA GED IN EGREGIOUS 30
MISCONDUCT , THE TRANSPORTATION N ETWORK COMPANY MAY D EACTIVATE THE 31 8 HOUSE BILL 1030
OPERATOR BEFORE COMP LETING AN INVESTIGAT ION UNDER SUBSECTION (D) OF 1
THIS SECTION. 2
(2) (I) EXCEPT FOR EXTRAORDINARY CIRCUM STANCES, THE 3
INVESTIGATION O F EGREGIOUS MISCONDU CT MAY NOT EXCEED 14 DAYS. 4
(II) IF THE INVESTIGATION IS DELAYED DUE TO 5
EXTRAORDINARY CIRCUM STANCES, THE TRANSPORTATION N ETWORK COMPANY 6
SHALL PROVIDE THE OP ERATOR WITH WRITTEN NOTICE THAT THE INVE STIGATION 7
IS DELAYED, THE REASON FOR THE D ELAY, AND THE DATE ON WHIC H THE 8
COMPLETION OF THE I NVESTIGATION IS ANTI CIPATED. 9
(H) (1) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 10
PARAGRAPH , A TRANSPORTATION NET WORK COMPANY SHALL P ROVIDE AN 11
OPERATOR WITH NOTICE OF A DEACTIVATION AT LEAS T 14 DAYS BEFORE THE 12
DEACTIVATION AND ON THE DATE THE DEAC TIVATION BECOMES EFFECTIVE . 13
(II) A TRANSPORTATION NETWO RK COMPANY SHALL PRO VIDE 14
AN OPERATOR WHO IS D EACTIVATED FOR EGREG IOUS MISCONDUCT THE NOTICE OF 15
DEACTIVATION ON OR B EFORE THE EFFECTIVE DATE OF THE DEACTIVA TION. 16
(2) (I) THE COMMISSION SHALL DESIGNATE THE FORM AND 17
MANNER OF DELIVERY O F THE NOTICE OF DEAC TIVATION. 18
(II) THE COMMISSION MAY CREATE AND DISTRIBUTE A MOD EL 19
NOTICE OF DEACTIVATI ON IN ENGLISH AND OTHER LAN GUAGES THE COMMISSION 20
DETERMINES ARE APPRO PRIATE. 21
(3) THE NOTICE OF DEACTIVATION SHALL I NCLUDE A WRITTEN 22
STATEMENT OF : 23
(I) THE REASON FOR THE D EACTIVATION, INCLUDING: 24
1. THE BEHAVIOR THAT VI OLATED THE 25
TRANSPORTATION NETWO RK COMPANY ’S DEACTIVATION POLIC Y; AND 26
2. THE SPECIFIC INCIDEN T OR PATTERN OF INCI DENTS 27
THAT VIOLATED THE TRANSPORTATION NETWO RK COMPANY ’S DEACTIVATION 28
POLICY; 29
(II) THE EFFECTIVE DATE O F THE DEACTIVATION ; 30
HOUSE BILL 1030 9
(III) RECORDS OR OTHER EVI DENCE RELIED ON DURING THE 1
INVESTIGATION REQUIR ED UNDER SUBSECTION (D) OF THIS SECTION TO CONFIRM 2
OR SUBSTANTIATE A VIOLATION OF THE DEACTIVATION POLICY; 3
(IV) THE LENGTH OF THE DE ACTIVATION; 4
(V) THE STEPS THE OPERAT OR CAN TAKE TO REMED Y THE 5
DEACTIVATION ; 6
(VI) THE OPERATOR ’S RIGHT TO APPEAL THE DEACTIVATION ; 7
(VII) THE TRANSPORTATION N ETWORK COMPANY ’S PROCESS 8
FOR APPEALING DEACTIVATION UNDER SUBSECTION (J) OF THIS SECTION , 9
INCLUDING THE METHOD S AVAILABLE FOR AN O PERATOR TO INITIATE AN APPEAL; 10
(VIII) THE CONTACT INFORMAT ION FOR AN OPERATOR ADVOCACY 11
ORGANIZATION OR OTHE R ENTITY THAT MAY BE ABLE TO ASSIST TH E OPERATOR; 12
AND 13
(IX) ANY OTHER INFORMATIO N THAT THE COMMISSION 14
REQUIRES. 15
(I) (1) UNLESS OTHERWISE PROVIDED B Y LOCAL, STATE, OR FEDERAL 16
LAW, A TRANSPORTATION NET WORK COMPANY THAT ISSUES A NOTICE OF 17
DEACTIVATION TO AN O PERATOR SHALL PROVIDE THE OPERATOR WITH THE 18
RECORDS RELIED ON BY THE TRANSPORTATION NETWO RK COMPANY TO CONFIRM 19
OR SUBSTANTIATE A VI OLATION OF THE DEACT IVATION POLICY. 20
(2) THE RECORDS REQUIRED TO BE PROVI DED UNDER PARAGRAPH 21
(1) OF THIS SUBSECTION INCLUDE: 22
(I) THE DATE, TIME, AND LOCATION OF ANY INCIDENT 23
SUPPORTING THE DEACT IVATION DECISION ; 24
(II) A COPY OF THE EVIDENCE THAT THE TR ANSPORTATION 25
NETWORK COMPANY CONS IDERED DURING THE DE ACTIVATION INVESTIGA TION; 26
AND 27
(III) A CERTIFIED STATEMEN T FROM AN IND IVIDUAL AT THE 28
TRANSPORTATION NETWO RK COMPANY WITH AUTH ORITY TO REINSTATE T HE 29
OPERATOR ATTESTING T HAT THE RECORDS ARE TRUE AND ACCURATE . 30
10 HOUSE BILL 1030
(3) IF THE TRANSPORTATION NETWORK COMPANY TAKE S 1
POSSESSION OR HAS KNOWLEDGE OF ADDITIONAL RECORD S THAT SUBSTANTIATE 2
THE DEACTIVATION , THE TRANSPORTATION N ETWORK COMPANY SHALL PROVIDE 3
OR NOTIFY THE OPERAT OR OF THE RECORDS AS SOON AS PRACTICABLE AND NOT 4
LATER THAN 14 DAYS AFTER THE DATE THAT THE TRANSPORTAT ION NETWORK 5
COMPANY TAKES POSSES SION OR HAS KNOWLEDGE OF THE RECOR DS. 6
(4) (I) IF THE RECORDS SUBSTA NTIATING A DEACTIVAT ION 7
CONTAIN INFORMATION RELATED TO THE IDENT ITY OF A PASSENGER, CUSTOMER, 8
OR OTHER PARTY AND THE TRANSP ORTATION NETWORK COM PANY REASONABLY 9
BELIEVES THAT THE IN FORMATION COULD COMP ROMISE THE PASSENGER, 10
CUSTOMER, OR OTHER PARTY’S SAFETY, THE TRANSPORTATION N ETWORK 11
COMPANY MAY REDACT THE INFORMATION THAT IS RELATED TO OR COULD 12
REASONABLY INFORM TH E OPERATOR OF THE IDENTITY OF THE PASSENGER, 13
CUSTOMER, OR OTHER PARTY. 14
(II) IF A COMPLAINT FROM A PASSENGE R, CUSTOMER, OR 15
OTHER PARTY IS THE SOLE BA SIS FOR A DEACTIVATI ON, THE TRANSPORTATION 16
NETWORK COMPANY MAY PROVIDE A SUMMARY DE SCRIPTION OF THE REC ORDS 17
SUBSTANTIATING THE D EACTIVATION. 18
(III) THE COMMISSION MAY ADOPT REGULATIONS REGARDIN G 19
MEASURES A TRANS PORTATION NETWORK CO MPANY MAY TAKE TO SU MMARIZE THE 20
RECORDS SUBSTANTIATI NG A DEACTIVATION OR REDACT INFORMATION RELATED 21
TO THE IDENTITY OF A PASSENGER, CUSTOMER, OR OTHER PARTY. 22
(5) A TRANSPORTATION NETWO RK COMPANY SHALL RET AIN THE 23
RECORDS REQUIRED UNDER THIS SUBSECTIO N FOR 3 YEARS AFTER THE DATE OF 24
THE DEACTIVATION OF AN OPERATOR . 25
(6) IF A TRANSPORTATION N ETWORK COMPANY FAILS TO DISCLOSE 26
ANY RECORDS IN ACCOR DANCE WITH THIS SUBS ECTION, THERE IS A PRESUMPTI ON, 27
REBUTTABLE BY CLEAR AND CONVINCING EVI DENCE, THAT THE TRANSPORTAT ION 28
NETWORK COMPANY VIOL ATED THIS SUBSECTION . 29
(J) (1) (I) A TRANSPORTATION NETWO RK COMPANY SHALL 30
ESTABLISH AN INTERNA L PROCEDURE FOR AN OPERATOR TO APPEAL A 31
DEACTIVATION . 32
(II) AN OPERAT OR WHO IS DEACTIVATE D BY A 33
TRANSPORTATION NETWO RK COMPANY HAS THE R IGHT TO APPEAL THE 34
DEACTIVATION THROUGH THE COMPANY ’S INTERNAL PROCEDURE . 35
HOUSE BILL 1030 11
(III) AN OPERATOR SHALL HAVE 90 DAYS TO APPEAL A 1
DEACTIVATION UNDER T HIS SUBSECTION BEGINNING ON THE DATE THE OPERATOR 2
RECEIVES A NOTICE OF THE DEACTIVATION . 3
(IV) A TRANSPORTATION NETWO RK COMPANY SHALL MAKE 4
AVAILABLE TO A DEACT IVATED OPERATOR INFORMATION REGARDIN G THE 5
INTERNAL DEACTIVATIO N APPEAL PROCEDURE : 6
1. IN WRITING, IN A FORMAT THAT IS READILY 7
ACCESSIBLE TO THE OP ERATOR, AND IN ENGLISH AND ANY LANGU AGE THAT THE 8
TRANSPORTATION NETWO RK COMPANY KNOWS OR HAS REASON TO KNOW I S THE 9
PRIMARY LANGUAGE OF THE OPERATOR ; AND 10
2. FOR AT LEAST 3 YEARS AFTER THE DEAC TIVATION. 11
(V) 1. A TRANSPORTATION NETWO RK COMPANY SHALL 12
ESTABLISH A SYSTEM A CCESSIBLE TO OPERATO RS THAT INFORMS OPERATORS OF 13
THEIR ELIGIBILITY TO APPEAL A DEACTIVATION UNDER THIS SUBSECTION . 14
2. THE SYSTEM SHALL BE A VAILABLE TO THE OPER ATOR 15
THROUGH A SMART PH ONE APPLICATION AND ON THE COMPANY ’S INTERNET WEB 16
PORTAL FOR AT LEAST 3 YEARS AFTER THE DEAC TIVATION. 17
(VI) THE COMMISSION MAY ADOPT REGULATIONS SPECIFYING: 18
1. THE FORM AND CONTENT OF THE DESCRIPTION O F 19
THE INTERNAL DEACTIV ATION APPEAL PROCEDURE ; 20
2. THE MANNER OF DISTRI BUTING INFORMATION 21
REGARDING THE PROCEDURE ; AND 22
3. THE LANGUAGES INTO WHICH THE PROCEDURE MUST 23
BE TRANSLATED . 24
(2) (I) A TRANSPORTATION NETWO RK COMPANY SHALL REVIEW 25
AND RESPOND TO AN OP ERATOR’S APPEAL OF DEACTIVATION WITH IN 14 DAYS 26
AFTER RECEIVING NOTICE OF THE APPEAL. 27
(II) A TRANSPORTATION NETWO RK COMPANY ’S RESPONSE TO 28
AN OPERATOR ’S APPEAL OF DEACTIVATION SHAL L INCLUDE A WRITTEN 29
STATEMENT, CERTIFIED BY AN INDI VIDUAL AT THE TRANSP ORTATION NETWORK 30
COMPANY WITH AUTHORI TY TO REINSTATE THE OPERATOR, OF: 31
12 HOUSE BILL 1030
1. THE EVIDENCE THAT SUBSTA NTIATES THE 1
DEACTIVATION CONSIDERED DURING THE INVESTIGATION REQUIRED UNDER 2
SUBSECTION (D) OR (G) OF THIS SECTIO N AND SUBSTANTIVE RESPONSE S TO 3
QUESTIONS OR CLAIMS MADE BY THE OPERATOR IN THE APPEAL OF DEACTIVATION ; 4
2. A DESCRIPTION OF THE EXTRAORD INARY 5
CIRCUMSTANCES NECESS ITATING A DELAYED TI MELINE FOR A RESPONSE, AND AN 6
ANTICIPATED DATE FOR A RESPONSE THAT SUBSTANTIATES THE DEACTIVATION OR 7
REINSTATES THE OPERATOR ; OR 8
3. A DETERMINATION THAT THE OPERATOR DID NOT 9
VIOLATE THE TRANSPOR TATION NETWORK COMPA NY’S DEACTIVATION POLIC Y AND 10
THE DATE THAT THE OP ERATOR WILL BE REINSTATED. 11
(3) AN OPERATOR MAY FILE A COMPLAINT WITH THE COMMISSION OR 12
BRING A CIVIL ACTION FOR A VIOLATION UNDER THIS SUBSECTION: 13
(I) ON RECEIPT OF THE TR ANSPORTATION NETWORK 14
COMPANY’S INITIAL RESPONSE T O THE INTERNAL APPEAL; OR 15
(II) WITHIN 14 DAYS AFTER AN OPERAT OR INITIATES AN 16
INTERNAL APPEAL. 17
(4) AN OPERATOR MAY APPEAL THE DEACTIVATION AND PURSUE ALL 18
AVENUES OF RELIEF AV AILABLE REGARDLESS O F THE GEOGRAPHIC LOC ATION OF 19
THE INCIDENT THAT LEADS TO THE TRANSPORTATIO N NETWORK COMPANY ’S 20
DECISION TO DEACTIVATE T HE OPERATOR . 21
(K) (1) THE COMMISSION SHALL ADOP T REGULATION S REQUIRING A 22
TRANSPORTATION NETWO RK COMPANY TO TRANSM IT TO THE COMMISSION 23
INFORMATION AND RECORDS ON THE DEACTIVATION OF OPERATORS: 24
(I) ON AT LEAST A QUARTERLY BASIS ON OR BEFORE JULY 1, 25
2028; AND 26
(II) AT LEAST ONCE EVERY 6 MONTHS AFTER JUNE 30, 2028. 27
(2) THE INFORMATION AND RECORDS REQUIRED UND ER PARAGRAPH 28
(1) OF THIS SUBSECTION M AY INCLUDE: 29
(I) A COPY OF THE TRANSP ORTATION NETWORK COM PANY’S 30
DEACTIVATION POLICY ; 31
HOUSE BILL 1030 13
(II) A COPY OF THE TRANSP ORTATION NETWORK COM PANY’S 1
DEACTIVATION APPEAL PROCEDURE , INCLUDING THE AVAILA BLE METHODS OF 2
CONTACT FOR AN OPERA TOR TO INITIATE A N APPEAL; 3
(III) INFORMATION AND RECORDS REGARDING TH E NUMBER OF 4
DEACTIVATIONS INITIA TED BY A TRANSPORTATION NETWO RK COMPANY ; 5
(IV) INFORMATION AND RECORDS REGARDING TH E 6
DEACTIVATION POLICY VIOLATION THAT MOST COMMONLY RESULTS IN THE 7
DEACTIVATION OF AN O PERATOR; 8
(V) THE NUMBER OF OPERAT ORS THAT APPEAL A 9
DEACTIVATION DECISIO N AND THE PROCESS THAT EACH OPERATOR USES TO 10
APPEAL THE DEACTIVATION ; 11
(VI) THE NUMBER OF OPERAT ORS REINSTATED AFTER A 12
DEACTIVATION DECISIO N, INCLUDING THE LENGTH OF EACH DEACTIVATION 13
BEFORE REINSTATEMENT , AND THE LENGTH OF SE RVICE WITH THE 14
TRANSPORTATION NET WORK COMPANY OF AN OPERATOR BEFOR E A DEACTIVATION 15
DECISION; AND 16
(VII) ANY OTHER INFORMATION OR RECORD THE COMMISSION 17
DETERMINES IS NECESSARY FOR THE PU RPOSES OF THIS SUBSECTION. 18
(3) THE COMMISSION SHALL ADOPT REGULATI ONS PROVIDING FOR 19
THE FORMAT , SECURITY, AND PRIVACY OF THE R ECORDS REQUIRED UNDE R THIS 20
SUBSECTION. 21
(L) (1) A TRANSPORTATION NETWO RK COMPANY SHALL PRO VIDE EACH 22
OF THE COMPANY ’S OPERATORS WRITTEN NOTICE OF TH E RIGHTS ESTABLISHED 23
UNDER THIS SECTION WITHIN 24 HOURS OF THE OPERATO R PROVID ING 24
TRANSPORTATION NETWO RK SERVICE FOR THE TRANSPORTATI ON NETWORK 25
COMPANY. 26
(2) (I) AT LEAST ONCE A YEAR , A TRANSPORTATION NETWO RK 27
COMPANY SHALL PROVID E EACH OF THE COMPAN Y’S OPERATORS NOTICE O F THE 28
OPERATORS’ RIGHTS UNDER THIS SE CTION. 29
(II) THE NOTICE OF RIGHTS REQ UIRED UNDER SU BPARAGRAPH 30
(I) OF THIS PARAGRAPH SH ALL INCLUDE INFORMATION ON : 31
1. THE RIGHT TO APPEAL A DEACTIVATION THROU GH A 32
TRANSPORTATION NETWO RK COMPANY ’S INTERNAL DEACTIVAT ION APPEAL 33 14 HOUSE BILL 1030
PROCEDURE AND ANY OT HER PROCEDURE AVAILA BLE TO APPEAL THE 1
DEACTIVATION ; 2
2. THE TRANSPORTATION NETWO RK COMPANY ’S 3
INTERNAL DEACTIVATION APPEAL PROCEDURE ; 4
3. THE OPERATOR’S RIGHT, EXCEPT IN THE CASE O F 5
EGREGIOUS MISCONDUCT , TO AT LEAST 14 DAYS’ NOTICE OF DEACTIVATI ON; 6
4. THE OPERATOR’S RIGHT TO ACCESS THE RECORDS 7
RELIED ON BY THE TRA NSPORTATION NETWORK COMPANY TO CONFIRM OR 8
SUBSTANTIATE THE DEA CTIVATION; 9
5. THE OPERATOR’S RIGHT TO BE PROTECTE D FROM 10
RETALIATION BY A TRA NSPORTATION NETWORK COMPANY FOR THE GOOD FAITH 11
EXERCISE OF THE RI GHTS ESTABLISHED UND ER THIS SECTION; AND 12
6. THE RIGHT TO FILE A COMPLAINT WITH THE 13
COMMISSION OR BRING A CIVIL ACT ION FOR A VIOLATION OF THIS SECTION. 14
(3) A TRANSPORTATION NETWO RK COMPANY SHALL : 15
(I) PROVIDE THE NOTICE O F RIGHTS IN: 16
1. AN ELECTRONIC FORMAT THAT IS READILY 17
ACCESSIBLE BY THE CO MPANY’S OPERATORS; AND 18
2. ENGLISH AND ANY LANGU AGE THE TRANSPORTATI ON 19
NETWORK COMPANY KNOW S OR HAS REASON TO K NOW IS THE PRIMARY L ANGUAGE 20
OF THE OPERATOR ; AND 21
(II) MAKE THE NOTICE OF R IGHTS AVAILABLE TO THE 22
OPERATOR THROUGH THE OPERATOR’S SMARTPHONE OR E–MAIL OR ON THE 23
COMPANY’S INTERNET WEB PORTAL. 24
(4) (I) THE COMMISSION MAY ADOPT REGULATIONS PROVIDIN G 25
FOR THE FORM AND CON TENT, METHOD OF DISTRIBUTI ON, AND REQUIRED 26
LANGUAGES FOR THE NO TICE OF RIGHTS REQUIRED U NDER THIS SUBSECTION . 27
(II) THE COMMISSION MAY CREATE AND DISTRIBUTE A MOD EL 28
NOTICE OF RIGHTS REQUIRED UNDER THIS SUBSECTION IN ENGLISH AND ANY 29
OTHER LANGUAGE THE COMMISSION DETERMINES IS APPROPRIATE . 30
HOUSE BILL 1030 15
(M) (1) A TRANSPORTATION NETWORK COMPANY SHAL L RETAIN: 1
(I) RECORDS THAT DOCUMEN T COMPLIANCE WITH TH IS 2
SECTION FOR EACH OF THE COMPANY ’S OPERATORS; AND 3
(II) A COMPLIANCE FILE FO R EACH DEACTIVATION FOR A 4
PERIOD OF 3 YEARS AFTER THE DEAC TIVATION. 5
(2) THE COMPLIANCE FILE FOR EACH DEACTIVATIO N MAY INCLUDE : 6
(I) THE DEACTIVATION NOT ICE PROVIDED TO THE OPERATOR; 7
(II) THE DATE OF COMPLETION FOR AN INVESTIGATION OF THE 8
CONDUCT THAT RESULTE D IN THE DEACTIVATIO N; 9
(III) IF THE DEACTIVATION WAS THE RESULT OF EG REGIOUS 10
MISCONDUCT, A DESCRIPTION OF THE EGREGIOUS MISCONDUCT ; 11
(IV) IF THE INVESTIGATION WAS DELAYED BY EXTRA ORDINARY 12
CIRCUMSTANCES , THE EXTRAORDINARY CI RCUMSTANCES THAT RES ULTED IN THE 13
DELAY; 14
(V) THE NUMBER OF RIDES COMPLETED BY THE OPE RATOR IN 15
THE 180 DAYS BEFORE THE DEACTIVAT ION NOTICE, REGARDLESS OF WHETHE R THE 16
RIDES WERE COMPLETED IN THE STATE OR OUTSIDE THE STATE; 17
(VI) THE DATE A DEACTIVAT ION APPEAL WAS INITIATED AND 18
COMPLETED ; AND 19
(VII) THE COMPANY’S RESPONSE TO AN OPERA TOR REGARDING A 20
DEACTIVATION APPEAL. 21
(3) IF A TRANSPORTATION N ETWORK COMPANY DOES NOT RETAIN 22
THE RECORDS REQUIRED UNDER THIS SUBSECTIO N, THERE IS A PRESUMPTI ON, 23
REBUTTABLE BY CLEAR AND CONVINCING EVIDE NCE, THAT THE COMPANY 24
VIOLATED THIS SUBSEC TION FOR THE RELEVAN T PERIODS AND FOR EACH 25
OPERATOR FOR WHOM TH E RECORDS WERE NOT R ETAINED. 26
(4) THE COMMISSION MAY ADOPT REGULATIONS PROVIDIN G FOR 27
THE FORMAT AND CONTENT OF THE RECORDS REQUIRED UND ER THIS SUBSECTION . 28
SECTION 2. AND BE IT FURTHER ENACTED, That on or before November 1, 29
2025, a transportation network company shall provide each of the company’s operators with 30 16 HOUSE BILL 1030
notice of the operator’s rights required under § 10–409(l) of the Public Utilities Article, as 1
enacted by Section 1 of this Act. 2
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
October 1, 2025. 4