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Session Laws, 1963
Volume 671, Page 403   View pdf image (33K)
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J. MILLARD TAWES, Governor                        405

the terms of the agreement. The Commission shall not enter an order
at this stage of the proceedings unless it is based upon a written
agreement. If no such agreement can be reached, a finding to that
effect shall be made and reduced to writing with copies furnished to
the complainant and to the respondent.

(d) Neither the Commission nor its staff shall disclose what has
transpired during the course of any investigation, nor shall any pub-
licity be given to any negotiations or to the fact that a complaint has
been filed.

13.

(a)   In case of failure to reach an agreement by the elimination
of the acts of discrimination and upon the entry of findings to that
effect, the entire file including the complaint and any and all findings
made shall be certified to the chairman of the Commission. The chair-
man shall thereupon appoint a hearing tribunal of three or more

members of the Commission, acting in the name of the Commission,

to hear the complaint. The chairman shall cause a written notice to
be issued and served in the name of the Commission together with a
copy of the complaint requiring the respondent to answer the charges
of the complaint at a public hearing before the hearing tribunal
COM-
MISSION of such time and place as may be certified in the notice.

(b)   The respondent may file a written answer to the complaint
and appear at the hearing in person, or otherwise, with or without
counsel. The respondent may submit testimony and shall be fully
heard. He may examine and cross-examine witnesses.

(c)   The hearing tribunal COMMISSION may permit reasonable
amendment to be made to any complaint or answer. Testimony taken
at the hearing shall be under oath and recorded.

(d)   In the administration and enforcement of the provisions of
these several subtitles, the Commission has power to administer oaths
and to issue subpoenas, to compel the attendance and testimony of
witnesses and the production of books, papers, records and docu-
ments relevant or necessary for proceedings under the particular
subtitle. Any such subpoena shall be served by the sheriff or deputy
sheriff of the political subdivision in which is located the residence
of the person or the main office of the firm, association, partnership
or corporation against whom or which the subpoena is issued. In
case of disobedience to a subpoena, the Commission may apply to a
circuit court in any county or to a court of appropriate jurisdiction in
the Supreme Bench of Baltimore City for an order requiring the at-
tendance and testimony of witnesses and the production of books,
papers, records, and documents. In case of contumacy or refusal to
obey a subpoena for the attendance of a witness or the production of
books, papers, records, and documents, after notice to the person sub-
poenaed as a witness or directed to produce books, papers, records
and documents, and upon a finding that the attendance and testimony
of the witness or the production of the books, papers, records and
documents is relevant or necessary for the proceedings of the Com-
mission, the court may issue an order requiring the attendance and
testimony of the witness and the production of the books, papers, rec-
ords and documents. Any failure to obey such an order of the court
may be punished by the court as a contempt thereof.


 

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Session Laws, 1963
Volume 671, Page 403   View pdf image (33K)
 Jump to  
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