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Session Laws, 1984
Volume 759, Page 1007   View pdf image
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HARRY HUGHES, Governor                                   "1007

2-507. SUBPOENAS; OATHS; TESTIMONY; DEPOSITIONS.

(A)  AUTHORIZED.

IN CARRYING OUT ANY OF ITS FUNCTIONS OR POWERS, THE
COMMITTEE MAY:

(1)  ISSUE SUBPOENAS;

(2)  COMPEL THE ATTENDANCE OF WITNESSES;

(3)  COMPEL THE PRODUCTION OF ANY PAPERS, BOOKS,
ACCOUNTS, DOCUMENTS, AND TESTIMONY;

(4)  ADMINISTER OATHS; AND

(5)  CAUSE THE DEPOSITIONS OF WITNESSES, WHO RESIDE IN
OR OUTSIDE OF THE STATE, TO BE TAKEN IN THE MANNER PROVIDED BY
LAW FOR TAKING DEPOSITIONS IN A CIVIL CASE.

(B)  ENFORCEMENT.

IF A PERSON FAILS TO COMPLY WITH A SUBPOENA ISSUED UNDER
THIS SECTION OR FAILS TO TESTIFY ON ANY MATTER ON WHICH THE
PERSON LAWFULLY MAY BE INTERROGATED, ON PETITION OF A MEMBER OF
THE COMMITTEE, A CIRCUIT COURT MAY PASS AN ORDER DIRECTING
COMPLIANCE WITH THE SUBPOENA OR COMPELLING TESTIMONY AND MAY
ENFORCE THE ORDER BY PROCEEDINGS FOR CONTEMPT.

REVISOR'S NOTE: This section is new language substituted
for former Art. 40, § 40A(e)(3).

Former Art. 40, § 40A(e)(3) conferred on the Joint
Committee on Administrative, Executive, and
Legislative Review the "same powers as are given the
Legislative Policy Committee" in former Art. 40, § 30.
The substituted language incorporates the substance of
the first and second sentences of former Art. 40, § 30
and is revised to clarify that the requirement for
prior approval from the Legislative Policy Committee
for the exercise of these powers does not apply to the
Joint Committee on Administrative, Executive, and
Legislative Review, but also that the Joint Committee
may not authorize a standing committee to exercise
these powers. Since the third sentence of former Art.
40, § 30, which made false swearing before the
Legislative Policy Committee or a standing committee
perjury, is not a power, the substance of that former
sentence is not incorporated in this section.

In subsection (a)(5) of this section, the former
reference to a "rule of procedure" is deleted as
unnecessary in light of the broad reference to "law".
See the Maryland Uniform Foreign Depositions Act and
also Ch. 400 of the Md. Rules.

 

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Session Laws, 1984
Volume 759, Page 1007   View pdf image
 Jump to  
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