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Session Laws, 1973, Special Session
Volume 710, Page 1552   View pdf image
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1552                                        LAWS OF MARYLAND                            [Ch. 6

THE REQUEST OF THE SECRETARY, THE CIRCUIT COURT IN ANY
COUNTY OR ONE OF THE LAW COURTS OF BALTIMORE CITY HAS
JURISDICTION TO ISSUE A WRIT OF MANDAMUS COMMANDING
ANY PERSON TO COMPLY WITH THIS SUBTITLE OR ANY ORDER
OF THE SECRETARY.

(C)    JURISDICTION TO ISSUE ORDERS REQUIRING
APPEARANCE OR OBEDIENCE TO DEPARTMENT SUBPOENA.

IN CASE OF CONTUMACY OR REFUSAL TO OBEY A
DEPARTMENT SUBPOENA, THE CIRCUIT COURT FOR ANY COUNTY
WITHIN WHOSE JURISDICTION AN INQUIRY IS BEING
CONDUCTED, MAY ISSUE AN ORDER REQUIRING APPEARANCE
BEFORE THE SECRETARY, PRODUCTION OF DOCUMENTARY
EVIDENCE, OR TESTIMONY TOUCHING THE MATTER IN
QUESTION. ANY PERSON WHO FAILS TO OBEY THE ORDER OF
THE COURT IS GUILTY OF CONTEMPT.

(D)    PROCEEDINGS IN THE NAME OF THE STATE;
SUBPOENAS.

EVERY PROCEEDING TO ENFORCE OR RESTRAIN ANY
VIOLATIONS OF THIS SUBTITLE SHALL BE BY AND IN THE
NAME OF THE STATE.

REVISOR'S NOTE: Subsection (a) presently appears
as the first sentence of Art. 43, §197-21
of the Code. The first sentence is
proposed for deletion and new language is
substituted; for a discussion of this
change see the revisor's note to §4—129.
The third sentence in subsection (a) is
proposed for deletion because it duplicates
Rules 103 and 114 of the Maryland Rules of
Procedure and the District Court Rules.

The present provision excluding §§197-9(d)
and 197—13 also is proposed for deletion.
The present statute excludes these two
sections because they prohibit judicial
review of any case arising under either
section after the expiration of 30 days
from the issue of the Secretary's order.
At present, these two sections are the only
ones in this subtitle requiring an
application for judicial review within a
specific period. This reference, however,
is superfluous because no court has
jurisdiction in a case where the
statutorily designated period for filing an
appeal has expired. The present reference

 

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Session Laws, 1973, Special Session
Volume 710, Page 1552   View pdf image
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