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ROBERT L. EHRLICH, JR., Governor
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H.B. 789
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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:
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
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- 4191 -
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