1064
LAWS OF MARYLAND
Ch. 282
(2) For good cause and after notice, the Board of
Commissioners may quash or modify its subpoena if the effect of
the subpoena is unreasonable, oppressive, or unduly burdensome.
(c) Oaths; records.
At the hearing:
(1) Any member of the Board of Commissioners may
administer an oath; and
(2) The Board of Commissioners shall make a record of
all testimony and proceedings.
(d) Immunity.
(1) A person summoned to testify or produce records
at a hearing may not refuse to do so on the grounds of a
constitutional right or privilege against self-incrimination.
However, if the Board of Commissioners orders the person to
testify or produce the records after the person has asserted this
right or privilege, the person may not be prosecuted or subjected
to any penalty because of any act, transaction, matter, or thing
concerning which the person testified or produced records under
the order of the Board of Commissioners.
(2) This subsection does not exempt a person from
prosecution or punishment for perjury in that person's testimony
at a hearing of the Board of Commissioners.
(e) Failure to comply with subpoena.
(1) If, without reasonable cause, any person fails to
obey any subpoena issued under this section or, at the hearing,
refuses to be sworn or obey an order to give or produce evidence
required by subpoena, the Board of Commissioners may commence
and, at the request of any party, shall commence contempt
proceedings in the circuit court for any county.
(2) The petition in any proceeding initiated under
paragraph (1) of this subsection shall:
(i) Include an affidavit of the facts; and
(ii) Request a show cause order returnable in
not more than 5 days.
(3) If the court finds that without reasonable cause
a person has failed to obey a subpoena to appear, be sworn,
answer a question, or produce records, the court may find the
person in contempt and punish the person as for contempt of
court.]
8-403. APPEALS FROM ORDERS OF THE DIVISION DIRECTOR.
|