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HARRY HUGHES, Governor
161
that this subsection might be expanded to include
the power to accept private funds. Currently,
this power is stated only as to specific
functions.
Defined terms: "Department" § 1-101
"Secretary" § 1-101
(J) DISPOSITION OF FUNDS.
EXCEPT AS OTHERWISE PROVIDED BY LAW, THE SECRETARY
SHALL PAY ALL MONEY COLLECTED BY THE DEPARTMENT UNDER THIS
ARTICLE INTO THE GENERAL FUND OF THIS STATE.
REVISOR'S NOTE: This subsection is new language added
to avoid repetition throughout this article that
fees and other money collected by the Department
are to be paid to the State Treasurer and become
part of the General Fund of this State.
Defined terms: "Department" § 1-101
"Secretary" § 1-101
(K) SUBPOENAS; OATHS; TESTIMONY.
(1) THE SECRETARY OR A DESIGNEE OF THE SECRETARY
MAY SUBPOENA ANY PERSON OR EVIDENCE, ADMINISTER OATHS, AND
TAKE DEPOSITIONS AND OTHER TESTIMONY.
(2) IF A PERSON FAILS TO COMPLY WITH A LAWFUL
ORDER OR SUBPOENA ISSUED UNDER THIS SUBSECTION, ON PETITION
OF THE SECRETARY OR DESIGNEE, A COURT OF COMPETENT
JURISDICTION MAY COMPEL OBEDIENCE TO THE ORDER OR SUBPOENA
OR COMPEL TESTIMONY OR THE PRODUCTION OF EVIDENCE.
(3) A WITNESS WHO IS SUBPOENAED AT THE REQUEST
OF THE SECRETARY OR DESIGNEE IS ENTITLED TO RECEIVE THE SAME
FEES AND MILEAGE PROVIDED FOR BY LAW IN CIVIL CASES.
HOWEVER, A WITNESS WHO IS SUBPOENAED AT THE REQUEST OF ANY
OTHER PARTY IS NOT ENTITLED TO FEES OR MILEAGE, UNLESS THE
SECRETARY OR DESIGNEE CERTIFIES THAT THE TESTIMONY WAS
MATERIAL TO THE MATTER INVESTIGATED. THE FEE AND MILEAGE
PAID UNDER THIS SUBSECTION SHALL BE AUDITED AND PAID BY THIS
STATE IN THE SAME WAY OTHER EXPENSES ARE AUDITED AND PAID
AND SHALL BE CHARGED TO THE GENERAL APPROPRIATION FOR THE
DEPARTMENT.
REVISOR'S NOTE: This subsection is new language derived
from former Article 43, § 3.
In paragraph (1) of this subsection, the term
"evidence" is substituted for the references to
"papers", "books", and "documents", for
conformity to Maryland Rules 115a. and 407b.,
which permit a subpoena for the production of
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