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Session Laws, 1976
Volume 734, Page 2595   View pdf image
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MARVIN MANDEL, Governor

2595

(B) HEARING OF OBJECTIONS.

OBJECTIONS FILED IN THE PROCEEDING MAY BE
CONSOLIDATED AT ANY TIME FOR HEARING OR HEARD SEPARATELY,
AS THE COMMISSIONER DETERMINES.

(C) SUMMONSES.

(1)   THE COMMISSIONER MAY ISSUE SUBPOENAS AND
ORDERS FOR THE ATTENDANCE AND TESTIMONY OF WITNESSES AND
THE PRODUCTION OF PAPERS, BOOKS, AND DOCUMENTS AT ANY
HEARING AUTHORIZED BY THIS SECTION.

(2)    A SUBPOENA OR ORDER ISSUED UNDER THIS
SUBSECTION SHALL BE DIRECTED AND SERVED, IN THE SAME
MANNER AND WITH THE SAME EFFECT AS ANY OTHER CIVIL
PROCESS, UNDER THE MARYLAND RULES OF PROCEDURE AND
APPLICABLE STATUTES. THE SUBPOENA OR ORDER SHALL BE
RETURNABLE TO THE COMMISSIONER.

(3)   IF A PERSON FAILS TO COMPLY WITH ANY
SUBPOENA OR ORDER ISSUED UNDER THIS SUBSECTION, THE
COMMISSIONER MAY INVOKE THE AID OF THE CIRCUIT COURT OF
THE COUNTY IN WHICH DECLARATORY RELIEF MIGHT HAVE BEEN
SOUGHT UNDER § 13-407 OF THIS SUBTITLE. THE CIRCUIT
COURT MAY ORDER THAT PERSON TO OBEY THE SUBPOENA OR ORDER
AND MAY CHARGE THE COSTS OF THE PROCEEDINGS BEFORE IT TO
THAT PERSON.

(D)  NATURE OF PROCEEDING.

IF A HEARING IS HELD UNDER THIS SECTION, THE
PROCEEDING BEFORE THE COMMISSIONER FOR THE ISSUANCE OF A
PATENT AND ALL PAPERS, DOCKETS, ORDERS, AND DECISIONS
RESULTING FROM THE PROCEEDING:

(1)    HAVE THE SAME FORCE AND EFFECT AS THE
PROCEEDINGS OF A COURT OF RECORD; AND

(2)   SHALL BE PROVED IN THE SAME MANNER AS
PROCEEDINGS IN A COURT OF RECORD.

(E)   DECISION OF COMMISSIONER.

WITHIN 30 DAYS OF THE CONCLUSION OF A HEARING HELD
UNDER THIS SECTION, THE COMMISSIONER SHALL RENDER A FINAL
JUDGMENT UNDER §13-408 OF THIS SUBTITLE.

13-407. DECLARATORY RELIEF.

(A) APPLICANT TO FILE BILL OF COMPLAINT.

IF, UNDER §13-405 OF THIS SUBTITLE, THE PROCEEDING
IS TO BE REFERRED TO THE CIRCUIT COURT FOR DECLARATORY
RELIEF, THEN, WITHIN 30 DAYS OF THE ORDER OF THE
COMMISSIONER UNDER § 13-405(C) OF THIS SUBTITLE OR, IF
THAT ORDER IS APPEALED, THE DETERMINATION OF THE
COMMISSION, THE APPLICANT SHALL FILE A BILL OF COMPLAINT

 

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Session Laws, 1976
Volume 734, Page 2595   View pdf image
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