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VETOES
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H.B. 789
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recognition expert by the head of one of the law enforcement agencies described in
items (3)(i)1 through 12 of this subsection.
(j) If the Administration imposes a suspension or disqualification after a
hearing, the person whose license or privilege to drive has been suspended or
disqualified may appeal the final order of suspension as provided in Title 12, Subtitle
2 of this article.
(k) Subject to § 16-812(p) of this title, this section does not prohibit the
imposition of further administrative sanctions if the person is convicted for any
violation of the Maryland Vehicle Law arising out of the same occurrence.
(1) (1) The determination of any facts by the Administration is independent
of the determination of the same or similar facts in the adjudication of any criminal
charges arising out of the same occurrence.
(2) The disposition of those criminal charges may not affect any
suspension imposed under this section.
(m) (1) Except as otherwise provided in this subsection, a suspension
imposed under this section may not be stayed by the Administration pending appeal.
(2) If the person files an appeal and requests in writing a stay of a
suspension imposed under this section, the Director of the Division of Administrative
Adjudication of the Administration may stay a suspension imposed under this section.
(n) (1) The Administration may modify a suspension under this section or
issue a restrictive license if:
(i) The licensee did not refuse to take a test;
(ii) The licensee has not had a license suspended under this section
during the past 5 years;
(iii) The licensee has not been convicted under § 21-902 of this
article during the past 5 years; and
(iv) 1. The licensee is required to drive a motor vehicle in the
course of employment;
2. The license is required for the purpose of attending an
alcoholic prevention or treatment program; or
3. It finds that the licensee has no alternative means of
transportation available to or from the licensee's place of employment and, without
the license, the licensee's ability to earn a living would be severely impaired.
(2) In addition to the authority to modify a suspension or issue a
restrictive license under paragraph (1) or (4) of this subsection, the Administration
may modify a suspension under this section or issue a restrictive license, including a
restriction that prohibits the licensee from driving or attempting to drive a motor
vehicle unless the licensee is a participant in the Ignition Interlock System Program
established under § 16-404.1 of this title, if:
- 4198 -
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