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MARVIN MANDEL, Governor
323
(1) IF A PERSON FAILS TO COMPLY WITH A DEMAND
FOR DOCUMENTARY MATERIAL SERVED ON HIM UNDER THIS SECTION
OR IF SATISFACTORY COPYING OR REPRODUCTION OF THE
MATERIAL CANNOT BE DONE AND THE PERSON REFUSES TO
SURRENDER IT, THE ATTORNEY GENERAL MAY FILE IN THE COURT
OF THE COUNTY WHERE THE PERSON RESIDES, TRANSACTS
BUSINESS, OR IS FOUND, AND SERVE ON THE PERSON A PETITION
FOR AN ORDER OF THE COURT FOR THE ENFORCEMENT OF THIS
SECTION.
(2) IF THE PERSON TRANSACTS BUSINESS IN MORE
THAN ONE COUNTY THE PETITION SHALL BE FILED IN THE COUNTY
WHERE THE PERSON MAINTAINS HIS PRINCIPAL PLACE OF
BUSINESS, OR IN ANY OTHER COUNTY AGREED TO BY THE PARTIES
TO THE PETITION.
(3) THE COURT IN WHICH THE PETITION IS FILED
HAS JURISDICTION TO HEAR AND DETERMINE THE MATTER
PRESENTED AND ENTER ANY ORDER REQUIRED UNDER THIS
SECTION.
(I) APPLICABILITY.
THIS SECTION IS NOT APPLICABLE TO A CRIMINAL
PROSECUTION.
REVISOR'S NOTE: This section presently appears as
Art. 83, §44.
In subsection (a), a requirement that the
Attorney General "execute" the written demand
is deleted as unnecessary in light of the
requirements of subsection (d).
In subsection (c), the word "summons" is
substituted for "subpoena" to conform to the
general usage of the Maryland Rules; see,
e.g., Md. Rule 115.
In subsection (d)(3), references to places of
business "in the State" and "out of State" are
added for purposes of clarity.
In subsection (f)(3), the reference to an
"assistant attorney general" is deleted as
unnecessary in light of the definition of
"Attorney General" in §11—201.
In subsection (g)(3), the word "petitioner" is
substituted for "parties" for purposes of
clarity, since the residence of the Attorney
General, the only party other than the
petitioner, is certainly not intended to be a
consideration for venue in this context.
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