1442                                    LAWS OF MARYLAND                                 Ch. 244

(2) The Maryland State Police may adopt rules
and regulations for the examination and certification of
individuals trained to administer chemical tests for
alcohol.

(e) (1) On receipt of the sworn statement of a police
officer filed under subsection (c) of this section, the
Administration shall give reasonable notice to the driver,
in accordance with Title 12, Subtitle 2 of this article, to
attend a hearing on a date specified in the notice and show
cause why his license or privilege to drive should not be
suspended [for refusing to take the test].

(2)  The Administration shall set the hearing for
a date within 30 days of the driver's detention. However,
the hearing may be held at any other time on agreement of
the driver and the Administration.

(3)  At the hearing, the driver may present
evidence about his refusal to take the test and may be
represented by an attorney.

(4)  After the hearing, the Administration [may]
SHALL suspend the driver's license or privilege to drive for
not [more] LESS than 60 days NOR MORE THAN 6 MONTHS IF THE
ADMINISTRATION DETERMINES THAT THE DRIVER WAS CHARGED AS SET
FORTH IN §(B)(3) SUBSECTIONS (B)(3) AND (C) SUBSECTION (C)
AND REFUSED TO TAKE A CHEMICAL TEST FOR ALCOHOL. Failure of
the driver to attend the hearing is prima facie evidence of
his inability to answer the sworn statement of the police
officer, and the Administration summarily [may] SHALL
suspend his license or privilege to drive for not [more]
LESS than 60 days NOR MORE THAN 6 MONTHS.

(5)  THE ADMINISTRATION MAY MODIFY THIS
SUSPENSION OR ISSUE A RESTRICTIVE LICENSE IF:

(I)  THE LICENSEE IS REQUIRED TO DRIVE A
MOTOR VEHICLE IN THE COURSE OF HIS EMPLOYMENT;

(II)  THE LICENSE IS REQUIRED FOR THE
PURPOSE OF ATTENDING AN ALCOHOLIC PREVENTION OR TREATMENT
PROGRAM; OR

(III)  THE HEARING OFFICER IT FINDS THAT
THE LICENSEE HAS NO MEANS OF TRANSPORTATION AVAILABLE TO HIM
AND WITHOUT HIS LICENSE, HIS ABILITY TO EARN A LIVING WOULD
BE SEVERELY IMPAIRED.

(f)  If the Administration imposes a suspension after a
hearing, the individual whose license or privilege to drive
has been suspended may appeal the final order of suspension
as provided in Title 12, Subtitle 2 of this article.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1981.