VETOES

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 HELD WITHIN THE 45-DAY
PERIOD.

(IV) IF A WITNESS IS SERVED WITH A SUBPOENA FOR

A HEARING UNDER THIS SECTION, 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 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.--------------------

(VI) TO THE EXTENT POSSIBLE, THE ADMINISTRATION
SHALL EXPEDITIOUSLY RESCHEDULE A HEARING THAT IS POSTPONED UNDER
THIS SUBSECTION.-----------------------------------------------------

(6) (I) AT THE HEARING UNDER THIS SECTION, THE PERSON
HAS THE RIGHTS DESCRIBED IN § 12-206 OF THIS ARTICLE, BUT AT THE
HEARING THE ONLY ISSUES SHALL BE:-----------------------------------

1.   WHETHER THE POLICE OFFICER WHO STOPS
OR DETAINS A PERSON HAD REASONABLE GROUNDS TO BELIEVE THE PERSON
WAS DRIVING OR ATTEMPTING TO DRIVE WHILE INTOXICATED, WHILE UNDER
THE INFLUENCE OF ALCOHOL, OR IN VIOLATION OF AN ALCOHOL
RESTRICTION;-------------------------------------------------------------

2.   WHETHER THERE WAS EVIDENCE OF ALCOHOL
CONSUMPTION;

3.   WHETHER THE POLICE OFFICER REQUESTED A
TEST TO DETERMINE ALCOHOL CONCENTRATION AFTER THE PERSON WAS
FULLY ADVISED OF THE ADMINISTRATIVE SANCTIONS THAT SHALL BE
IMPOSED;------------------------------------------------------------------

4. WHETHER THE PERSON REFUSED TO TAKE A
TEST FOR ALCOHOL UNDER SUBSECTION (B) OF THIS SECTION; OR---------

5. WHETHER THE PERSON DROVE OR ATTEMPTED
TO DRIVE A MOTOR VEHICLE WHILE HAVING AN ALCOHOL CONCENTRATION OF
0.10 OR MORE AT THE TIME OF TESTING.-------------------------------

(II) THE SWORN STATEMENT OF THE POLICE OFFICER
AND OF THE TEST TECHNICIAN OR ANALYST SHALL BE PRIMA FACIE
EVIDENCE OF A TEST REFUSAL OR A TEST RESULTING IN AN ALCOHOL
CONCENTRATION OF 0.10 OR MORE AT THE TIME OF TESTING.--------------

(7) (I) AFTER THE HEARING, THE ADMINISTRATION SHALL
SUSPEND THE DRIVER'S LICENSE OR PRIVILEGE TO DRIVE OF THE PERSON
CHARGED UNDER SUBSECTION (B) OR (C) OF THIS SECTION IF:-----------

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