HARRY HUGHES, Governor

1099

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 40, §§
74(b) and 75.

Subsection (a)(2)(ii) of this section is revised to
refer only to a "resolution" that establishes an
investigating committee, to conform to § 2-1603(a) of
this subtitle.

Defined terms: "Hearing" § 2-1601
"Includes";"including" § 1-101
"investigating committee" § 2-1601

2-1608. SUBPOENAS.

(A)  AUTHORITY.

(1)  BY A MAJORITY VOTE OF ALL OF THE MEMBERS OF AN
INVESTIGATING COMMITTEE, THE INVESTIGATING COMMITTEE MAY ISSUE A
SUBPOENA THAT REQUIRES THE APPEARANCE OF A PERSON, THE PRODUCTION
OF RELEVANT RECORDS, AND THE GIVING OF RELEVANT TESTIMONY.

(2)  A REQUEST TO APPEAR, APPEARANCE, OR SUBMISSION OF
EVIDENCE DOES NOT LIMIT THE SUBPOENA POWER OF THE INVESTIGATING
COMMITTEE.

(B)  SERVICE.

THE SUBPOENA SHALL BE SERVED:

(1)  IN THE MANNER PROVIDED BY LAW FOR SERVICE OF A
SUBPOENA IN A CIVIL ACTION;

(2)  AT LEAST 7 DAYS BEFORE THE TIME THAT THE SUBPOENA
SETS FOR APPEARANCE OR PRODUCTION OF RECORDS; AND

(3)  WITH THE FOLLOWING DOCUMENTS:

(I)  A COPY OF THE RESOLUTION THAT ESTABLISHES
THE INVESTIGATING COMMITTEE;

(II)  A COPY OF THE RULES OF THE INVESTIGATING
COMMITTEE;

(III)  A STATEMENT OF THE SUBJECT OF THE
INVESTIGATION OR INQUIRY OF THE INVESTIGATING COMMITTEE; AND

(IV)  IF THE SUBPOENA REQUIRES THE APPEARANCE OF
A PERSON, NOTICE THAT COUNSEL MAY ACCOMPANY THE PERSON.

(C)  FEES.

A PERSON WHO IS SUBPOENAED TO APPEAR AT A HEARING IS
ENTITLED TO RECEIVE THE FEES AND ALLOWANCES THAT ARE PROVIDED FOR
A PERSON WHO IS SUBPOENAED BY A CIRCUIT COURT.