HARRY HUGHES, Governor

1415

§ 161F.

In subsection (b) of this section, the term
"records" is substituted for "documents". The
Commission to Revise the Annotated Code considers
the legislative intent was to include "books,
papers, and documents" within the Board's
subpoena power. Cf. Maryland Rules 115 and 405,
which refer to a summons to produce "books,
papers, documents or other tangible things".

In subsection (b)(1)(i) of this section, note
that the Division Director has the power to issue
a subpoena for a hearing of the Board of
Commissioners. The present reference in Art. 23,
§ 161F(a) that provides a subpoena "shall extend
to all parts of the state" is deleted as included
in subsection, (b)(1) of this section.

In subsection (c)(2) of this section, the word
"shall" is substituted for "may" in light of the
stricter recordkeeping requirements of the Board
of Commissioners under § 8-205 of this title and
in light of the current practice of the Board of
Commissioners. As to records in contested
matters before administrative agencies, see Art.
41, § 252 of the Administrative Procedure Act.

In subsection (d)(1) of this section, the term
"records" is substituted for "books or papers or
documents". The present reference in Art. 23, §
161F(c) to a refusal to comply on the ground that
testimony, et cetera, may "subject him to a
penalty or forfeiture" is deleted as included to
the extent such a right exists within the ground
of a constitutional right or privilege against
self-incrimination.            The          present          term

"forfeiture" is deleted as included in the term
"penalty".

In subsection (e) of this section, an ambiguity
exists as to whether the present phrase of Art.
23, § 161F(b) "pursuant to subpoena" applies only
to a refusal to "produce a book or paper when
ordered to do so" or applies also to a failure to
"be sworn or examined, or answer a

question". The revision reflects the latter,
more restrictive interpretation, so that the
authority of the Board of Commissioners to
petition for a contempt finding applies only to
persons subpoenaed and not to a party at the
hearing who was not subpoenaed.

In subsection (e)(3) of this section, the present
reference to "legal excuse" is deleted as
included in "reasonable cause". The terms
"appear" and "be sworn" are substituted for "he