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Session Laws, 1982
Volume 742, Page 446   View pdf image
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446

LAWS OF MARYLAND

Ch. 21

(7) DO ANYTHING NECESSARY OR PROPER TO CARRY OUT
THE PURPOSES OF THIS TITLE.

(D) HEARINGS; SUBPOENAS; OATHS; TESTIMONY.

(1)  THE DIRECTOR OR A DESIGNEE OF THE DIRECTOR
MAY HOLD PRIVATE AND PUBLIC HEARINGS, SUBPOENA ANY PERSON OR
EVIDENCE, ADMINISTER OATHS, AND TAKE TESTIMONY.

(2)   IF A PERSON FAILS TO COMPLY WITH A LAWFUL
ORDER OR SUBPOENA ISSUED UNDER THIS SUBSECTION, ON PETITION
OF THE DIRECTOR OR DESIGNEE, A COURT OF COMPETENT
JURISDICTION MAY COMPEL OBEDIENCE TO THE ORDER OR SUBPOENA
OR COMPEL TESTIMONY OR THE PRODUCTION OF EVIDENCE.

REVISOR'S NOTE: Subsection (a) of this section is new
language derived without substantive change from
the second clause of the sixth sentence of former
Article 43B, § lA(a).

Subsection (b) of this section is new language
derived without substantive change from the first
and third clauses of former Article 43B, § 5(h)
and the second clause of (p).

Subsections (c) and (d)(1) of this section are
new language derived without substantive change
from former Article 43B, §§ 4 and 5(a), (f), (n),
(o), (q), and (r).

Subsection (d)(2) of this section is new language
added to conform to similar provisions elsewhere
in this article for compelling obedience to
agency subpoenas and orders. In light of this
addition, the inaccurate reference in former
Article 43B, § 5(o) to the Administration
compelling "attendance" is deleted.

Subsections (b) and (c) of this section are
revised as powers and duties of the Director,
instead of the Administration, to conform to
other provisions elsewhere in this article. This
revision "is based on subsection (a) of this
section, which, in any event, makes these
functions a responsibility of the Director.
Similarly, subsection (d) of this section is
revised as a power of the Director or "a
designee" of the Director.

In subsection (b)(1) of this section, the
reference in former Article 43B, § 5(h) to a
"devise or bequest" is deleted as unnecessary in
light of the word "gift", which, as defined in
Article 1, § 22 of the Code, includes a devise or
bequest.

 

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Session Laws, 1982
Volume 742, Page 446   View pdf image
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