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ROBERT L. EHRLICH, JR., Governor
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Ch. 167
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1. A. Make a suspension order effective suspending the
license for the applicable period of time described under paragraph (4)(i) of this
subsection; and
B. In the case of a person operating a commercial motor
vehicle OR WHO HOLDS A COMMERCIAL DRIVER'S LICENSE who refuses to take a test,
disqualify the person's commercial driver's license, or privilege to operate a
commercial motor vehicle in this State, for the applicable period of time described
under paragraph (4)(ii) of this subsection; and
2. Set a hearing for a date within 45 days of the receipt of a
request for a hearing under this paragraph.
(ii) A request for hearing scheduled 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 that begins on the date of the issuance of the order of suspension.
(iii) A postponement of a hearing described under this paragraph
shall stay the suspension only if:
1. Both the person and the Administration agree to the
postponement;
2. The Administration cannot provide a hearing under this
paragraph 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 person requested a hearing under this paragraph,
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, fails
to comply with the subpoena at an initial or subsequent hearing under this paragraph
held within the 45-day period that begins on the date of the request for a hearing
under this paragraph; 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
under this paragraph held within the 45-day period that begins on the date of the
request for a hearing under this paragraph.
(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 that begins
on the date of the request for a hearing under this paragraph under circumstances
- 1039 -
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