WILLIAM DONALD SCHAEFER, Governor Ch. 284

(e) (1) The [chemical] tests for alcohol may be
administered by an individual who has been examined and is
certified by the Maryland State Police as sufficiently equipped
and trained to administer the tests.

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

[(f) (1) On receipt of the sworn statement of a police
officer filed under subsection (b) or (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 the
driver's license or privilege to drive should not be suspended.

(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 the driver's refusal to take the test and may be
represented by an attorney.

(4)  After the hearing, the Administration shall
suspend the driver's license or privilege to drive if the
Administration determines that the driver was charged as set
forth in subsection (b) or (c) of this section and refused to
take a chemical test for alcohol. Failure of the driver to
attend the hearing is prima facie evidence of the driver's
inability to answer the sworn statement of the police officer,
and the Administration summarily shall suspend the driver's
license or privilege to drive. The suspension imposed may be not
less than 60 days nor more than 6 months for a first offense and
may not be less than 120 days nor more than 1 year for a second
or subsequent offense.

(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 employment;

(ii) The license is required for the purpose of
attending an alcoholic prevention or treatment program; or

(iii) It finds that the licensee has no
alternative means of transportation available and without the
license, the licensee's ability to earn a living would be
severely impaired.]

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