564                              Laws of Maryland                       Ch. 244

(d) Oaths, witnesses, evidence and transcript. WITNESSES,
EVIDENCE AND TRANSCRIPT.—At any hearing, any employee
of the Department designated by the Secretary, shall be author-
ized to administer oaths. The Department may, and at the re-
quest and expense of any respondent to a complaint shall, sub-
poena and compel the attendance of such witnesses as it may desire,
or as the respondent may reasonably designate, and shall require
the production for examination of. any required books, records,
papers or documents relating to any matter involved in such hear-
ing. In case of refusal to obey a notice of hearing or subpoena
issued under this section, the Circuit Court of the county or the
Baltimore City Court, as the case may be, in which the person so
refusing resides or is situate shall have jurisdiction, upon applica-
tion of the Department or the respondent, to issue an order requir-
ing such person to appear and testify or produce evidence, as the
case may require. The testimony taken at the hearing shall be under
oath and recorded, and copies of any transcript and of any other
records made of such hearing shall be furnished to the respondent
upon his request and at his expense.

(E) WITHIN A PERIOD OF ONE (1) YEAR FROM THE ISSU-
ANCE OF A NOTICE OF VIOLATION PURSUANT TO THIS
SUBTITLE, THE DEPARTMENT SHALL HAVE ISSUED AN
ORDER OR ORDERS REQUIRING ABATEMENT OF THE POL-
LUTION NOTED IN SUCH NOTICE OF VIOLATION AND
SHALL HAVE SECURED COMPLIANCE WITH THE PROVI-
SIONS OF SUCH ORDER OR ORDERS. IF THE MATTERS
OF COMPLAINT SET OUT IN THIS NOTICE HAVE NOT
BEEN CORRECTED, OR A PLAN FOR COMPLIANCE SUB-
MITTED BY THE VIOLATOR HAS NOT BEEN APPROVED
BY THE SECRETARY, THE MATTER SHALL BE REFERRED
TO THE ATTORNEY GENERAL, WHO SHALL THEREUPON
TAKE APPROPRIATE LEGAL ACTION TO SECURE COMPLI-
ANCE WITH THE PROVISIONS OF THIS SUBTITLE. NOTH-
ING HEREIN CONTAINED SHALL BE CONSTRUED TO PRE-
VENT THE DEPARTMENT FROM SEEKING IMMEDIATE
LEGAL ACTION WITHIN THE AFOREMENTIONED ONE-
YEAR PERIOD.

THE APPROPRIATE COURT, BEFORE WHOM THE ACTION
IS BEING HEARD, SHALL HAVE THE DISCRETION BASED
UPON THE PARTICULAR FACTS OF THE CASE TO EXTEND
THE TIME LIMITATION FOR THE ABATING OF THE EN-
VIRONMENTAL POLLUTION WITHOUT PENALTY FOR AN
ADDITIONAL ONE-YEAR PERIOD. THE COURT MAY CON-
TINUE TO REVIEW, ON A YEARLY BASIS, THE PROGRESS
THAT IS BEING MADE TO ELIMINATE THE ENVIRONMEN-
TAL POLLUTION.

(e) (F) Confidential Information.—Information relating to secret
processes or methods of manufacture or production may be with-
held by any person from any public hearing before the Department,
and any such information which may be required, ascertained or
discovered by any inspector or other employee of the Department,
or the Secretary, or any member thereof or Council or any member
thereof shall be kept confidential.

(f) (G) Not Exclusive Enforcement Procedure.—Nothing herein
SHALL be construed as requiring the Department to use the proce-