|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Ch. 167
|
|
2005 LAWS OF MARYLAND
|
|
|
|
|
|
|
|
|
|
|
|
|
(ii) Subject to the provisions of this paragraph, a postponement of a
hearing under this paragraph does not extend the period for which the person is
authorized to drive and the suspension and, if applicable, the disqualification shall
become effective on the expiration of the 45-day period after the issuance of the order
of suspension.
(iii) A postponement of a hearing described under this paragraph
shall extend the period for which the person is authorized to drive if:
1. Both the person and the Administration agree to the
postponement;
2. The Administration cannot provide a hearing within the
period required under this paragraph; or
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 paragraph:
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
described under this paragraph, fails to comply with the subpoena at an initial or
subsequent hearing described under this paragraph 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
described under this paragraph held within the 45-day period after the issuance of
the order of suspension.
(iv) If a witness is served with a subpoena for a hearing under this
paragraph, 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 after the
issuance of the order of suspension 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 described under this paragraph.
(vi) To the extent possible, the Administration shall expeditiously
reschedule a hearing that is postponed under this paragraph.
(6) (i) If a hearing request is not made at the time of, or within 10 days
from the date of the issuance of an order of suspension, but within 30 days of the date
of the issuance of an order of suspension, the person requests a hearing and
surrenders the driver's license or, if applicable, the person's commercial driver's
license, the Administration shall:
- 1038 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
