414

LAWS OF MARYLAND

Ch. 33

(C)   OATHS; RECORDS.
AT THE HEARING:

(1)   AMI MEMBER OF THE BOARD OF COMMISSIONERS MAY
ADMINISTER AN OATH; AND

(2)   THE BOARD OF COMMISSIONERS SHALL MAKE A
RECORD OF ALL TESTIMONY AND PROCEEDINGS.

(D)       IMMUNITY.

(1)       A PERSON SUMMONED TO TESTIFY OR PRODUCE
RECORDS AT A HEARING MAY NOT REFUSE TO DO SO ON THE GROUNDS
OF A CONSTITUTIONAL RIGHT OR PRIVILEGE AGAINST
SELF-INCRIMINATION. HOWEVER, IF THE BOARD OF COMMISSIONERS
ORDERS THE PERSON TO TESTIFY OR PRODUCE THE RECORDS AFTER
THE PERSON HAS ASSERTED THIS RIGHT OR PRIVILEGE, THE PERSON
MAY NOT BE PROSECUTED OR SUBJECTED TO ANY PENALTY BECAUSE OF
ANY ACT, TRANSACTION, MATTER, OR THING CONCERNING WHICH THE
PERSON TESTIFIED OR PRODUCED RECORDS UNDER THE ORDER OF THE
BOARD OF COMMISSIONERS.

(2)       THIS SUBSECTION DOES NOT EXEMPT A PERSON
FROM PROSECUTION OR PUNISHMENT FOR PERJURY IN THAT PERSON'S
TESTIMONY AT A HEARING OF THE BOARD OF COMMISSIONERS.

(E) FAILURE TO COMPLY.

(1)   IF, WITHOUT REASONABLE CAUSE, ANY PERSON
FAILS TO OBEY ANY SUBPOENA ISSUED UNDER THIS SECTION OR, AT
THE HEARING, REFUSES TO BE SWORN OR OBEY AN ORDER TO GIVE OR
PRODUCE EVIDENCE REQUIRED BY SUBPOENA, THE BOARD OF
COMMISSIONERS MAY COMMENCE AND, AT THE REQUEST OF ANY PARTY,
SHALL COMMENCE CONTEMPT PROCEEDINGS IN A COURT OF THE
SUPREME BENCH OF BALTIMORE CITY OR THE CIRCUIT COURT OF ANY
COUNTY.

(2)   THE PETITION IN ANY PROCEEDING INITIATED
UNDER PARAGRAPH (1) OF THIS SUBSECTION SHALL:

(I)   INCLUDE AN AFFIDAVIT OF THE FACTS; AND

(II)   REQUEST A SHOW CAUSE ORDER RETURNABLE
IN NOT MORE THAN 5 DAYS.

(3)   IF THE COURT FINDS THAT WITHOUT REASONABLE
CAUSE A PERSON HAS FAILED TO OBEY A SUBPOENA TO APPEAR, BE
SWORN, ANSWER A QUESTION, OR PRODUCE RECORDS, THE COURT MAY
FIND THE PERSON IN CONTEMPT AND PUNISH THE PERSON AS FOR
CONTEMPT OF COURT.

REVISOR'S NOTE: This section is new language derived
without substantive change from the second and
third sentences of Art. 23, § 161H(c) and the
second sentence of § 161E{e)(1) and from Art. 23,