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Session Laws, 1961 (Special Session), House and Senate Journals
Volume 648, Page 9   View pdf image (33K)
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J. MILLARD TAWES, GOVERNOR 11

(b) Failure to comply. If a person upon whom a subpoena has
been properly served fails to obey its command, without reasonable
cause, or if a person in attendance before the Department shall, with*
out reasonable cause, refuse to be sworn or examined, or answer a
question, or produce a book or paper when ordered to do so, pursuant
to subpoena, the Director may, and upon request of any party to
proceedings before the Department, shall apply to any judge of the
Supreme Bench of Baltimore City or of the circuit court of any
county, upon proof by affidavit of the fact, for a rule or order re-
turnable within not less than two (2) nor more than five (5) days,
directing such person to show cause before the judge who made the
order, or any other judge of the same bench or circuit, why he
should not be adjudged guilty of contempt and punished as con-
tempts are punishable by courts of record; upon the return of such
order, the judge, before whom the matter shall come on for a hear-
ing, shall examine under oath such person and such person shall be
given an opportunity to be heard in his own defense; and if the judge
shall determine that such person has refused, without reasonable
cause or legal excuse, to be examined or to answer a legal or per-
tinent question, or to produce a book, paper or other document which
he was ordered to produce, he may forthwith find the offender in
contempt of court.

(e) Required to testify. No person shall be excused from testi-
fying or from producing any books or papers or documents at any
hearing before the Department, when ordered to do so, upon the
ground that the testimony or evidence, books, papers or documents
required of him may tend to incriminate him or subject him to penalty
or forfeiture; but no person shall be prosecuted, punished or sub"
jected to any penalty or forfeiture for or on account of any act, trans-
action, matter or thing concerning which he shall, under oath, have,
by order
of the Director, testified to or produced documentary evi-
dence relative thereto, provided, however, no person shall be exempt
from prosecution unless he shall first have asserted his constitutional
rights and privileges; and provided, however, that no person so
testifying shall be exempt from prosecution or punishment for any
perjury committed by him in his testimony.

160H. ORDERS; HEARINGS.

(a) Director to order discontinuance of illegal practice. If the
Director, as a result of any examination or from any report made
to him, shall find that any association is violating the provisions of
its articles of incorporation or by-laws, or the laws of this State, or
of the United States, or any lawful order of the Director, he shall,
by written order, state the alleged violation therein, together with
the facts alleged to constitute such violation, and direct discontinu-
ance of such violation and conformance with all requirements of law.

(b) Contents of order; finality without hearing. Every communi-
cation having the effect of an order to any association shall be in
writing signed by the Director stating in detail the violation com~
plained of and shall be sent by registered mail, return receipt re-
quested, to the association affected thereby, addressed to the presi-
dent thereof at the home office of the association as shown by the
latest records on file with the Department, or, at the request of said
association, to such person as may be designated by the association



 

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Session Laws, 1961 (Special Session), House and Senate Journals
Volume 648, Page 9   View pdf image (33K)
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