WILLIAM DONALD SCHAEFER, Governor Ch. 11

3. Under circumstances in which the person made a request,

within 10 days of the date that the order of suspension was served under this section, for
the issuance of a subpoena under § 12-108 of this article except as time limits are
changed by this subsection:

A. The subpoena was not issued by the Administration;

B. An adverse witness for whom the subpoena was requested,
and on whom the subpoena was served not less than 5 days before the hearing, fails to
comply with the subpoena at an initial or subsequent hearing held within the 45-day
period; or

C. A witness for whom the subpoena was requested fails to

comply with the subpoena, for good cause shown, at an initial or subsequent hearing
held within the 45-day period.

(iv) If a witness is served with a subpoena for a hearing under this
section, the witness shall comply with the subpoena within 20 days from the date that
the subpoena is served.

(v) If a hearing is postponed beyond the 45-day period under the
circumstances described in subparagraph (iii) of this paragraph, the Administration
shall stay the suspension and issue a temporary license that authorizes the person to
drive only until the date of the rescheduled hearing.

(vi) To the extent possible, the Administration shall expeditiously
reschedule a hearing that is postponed under this subsection.

(6) (i) At the hearing under this section, the person has the rights
described in § 12-206 of this article, but at the hearing the only issues shall be:

1. Whether the police officer who stops or detains a person

had reasonable grounds to believe the person was driving or attempting to drive while
intoxicated, while under the influence of alcohol, [or] in violation of an alcohol
restriction, IN VIOLATION OF 19 CFR § 392. 5, OR IN VIOLATION OF § 16-813
OF THIS TITLE;

2. Whether there was evidence of alcohol consumption;

3. Whether the police officer requested a test to determine

alcohol concentration after the person was fully advised of the administrative sanctions
that shall be imposed;

4. Whether the person refused to take [a] THE test [for
alcohol under subsection (b) of this section]; or

5. Whether the person drove or attempted to drive a motor
vehicle while having an alcohol concentration of 0. 10 or more at the time of testing; OR

6. IF THE HEARING INVOLVES DISQUALIFICATION

OF A COMMERCIAL DRIVER'S LICENSE. WHETHER THE PERSON WAS
OPERATING A COMMERCIAL MOTOR VEHICLE.

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