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Session Laws, 1975
Volume 716, Page 671   View pdf image
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MARVIN MANDEL, Governor

671

FAILED TO REPORT PROPERTY; COMPELLING TESTIMONY; CONTEMPT
PROCEEDINGS.

(A)       EXAMINATION OF RECORDS.

AT REASONABLE TIMES AND ON REASONABLE NOTICE, THE
ADMINISTRATOR MAY EXAMINE THE RECORDS OF ANY PERSON IF HE
HAS REASON TO BELIEVE THAT THE PERSON HAS FAILED TO
REPORT PROPERTY THAT SHOULD HAVE BEEN REPORTED UNDER THIS
TITLE.

(B)   COMPELLING TESTIMONY.

IF ANY PERSON REFUSES TO PERMIT THE EXAMINATION OF
HIS RECORDS, THE ADMINISTRATOR MAY ISSUE A SUBPOENA TO
COMPEL THE PERSON TO TESTIFY AND PRODUCE HIS RECORDS. THE
SUBPOENA SHALL BE SERVED BY THE SHERIFF OF THE COUNTY
WHERE THE PERSON BESIDES OR MAY BE FOUND. THE PERSON
SHALL BE ENTITLED TO THE SAME PER DIEM AND MILEAGE AS
WITNESSES APPEARING IN THE CIRCUIT COURT OF THE STATE OR
THE LAW COURT OF BALTIMORE CITY, WHICH SHALL BE PAID BY
THE STATE.

(C) CONTEMPT PROCEEDINGS.

IF ANY PERSON REFUSES TO OBEY ANY SUBPOENA SO ISSUED
OR REFUSES TO TESTIFY OR PRODUCE HIS RECORDS, THE
ADMINISTRATOR MAY PRESENT HIS PETITION TO THE CIRCUIT
COURT OF THE COUNTY OR ONE OF THE LAW COURTS OF BALTIMORE
CITY WHERE THE PERSON IS SERVED WITH THE SUBPOENA OR
WHERE HE BESIDES. THE COURT THEN SHALL ISSUE AN ORDER TO
REQUIRE THE PERSON TO OBEY THE SUBPOENA OR TO SHOW CAUSE
WHY HE FAILS TO OBEY IT. UNLESS THE PERSON SHOWS
SUFFICIENT CAUSE FOR FAILING TO OBEY THE SUBPOENA, THE
COURT IMMEDIATELY SHALL DIRECT THE PERSON TO OBEY AND, ON
HIS REFUSAL TO COMPLY, HE SHALL BE ADJUDGED IN CONTEMPT
OF COURT AND SHALL BE PUNISHED AS THE COURT MAY DIRECT.

REVISOR'S NOTE: This section presently appears as
Art. 95C, §21.

New language is added to the third sentence to
clarify that the provision relates to the
"law" courts of Baltimore City.

The only other changes are technical changes
in style.

17-127. ENFORCEMENT AND PENALTIES.

(A) JUDICIAL REMEDY.

IF ANY PERSON FAILS TO FILE ANY REPORT OR REFUSES TO
DELIVER PROPERTY TO THE [[ADMINISTRAATOR]] ADMINISTRATOR

 

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Session Laws, 1975
Volume 716, Page 671   View pdf image
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