Ch. 563

LAWS OF MARYLAND

"Secretary" § 1-101

4-209. ENFORCEMENT POWERS OF COMMISSION.

(A)  IN GENERAL.

(1)  THE COMMISSION SHALL ADMINISTER AND ENFORCE THE
PROVISIONS OF THIS TITLE.

(2)  IN CONNECTION WITH ANY DISCIPLINARY ACTION UNDER
SUBTITLE 3 OF THIS TITLE OR ANY INVESTIGATION OR PROCEEDING
BROUGHT FOR AN ALLEGED VIOLATION OF THIS TITLE, THE COMMISSION, A
HEARING BOARD, THE EXECUTIVE DIRECTOR OF THE COMMISSION, OR THE
ASSISTANT DIRECTOR OF THE COMMISSION MAY;

(I)  MAY HOLD HEARINGS;

(II)  MAY ADMINISTER OATHS;

(III)  MAY ISSUE A SUBPOENA FOR THE ATTENDANCE
OF A WITNESS TO TESTIFY OR THE PRODUCTION OF EVIDENCE; AND

(IV) TAKE DEPOSITIONS, IN THE SAME MANNER AND
WITH THE SAME FEES AND COMPENSATION FOR MILEAGE AS PROVIDED IN
CIVIL CASES IN THE STATE.

(3)  THE POLICE DEPARTMENT OF BALTIMORE CITY OR, THE
SHERIFF OF A COUNTY, OR A PRIVATE PROCESS SERVER SHALL SERVE A
SUBPOENA ISSUED UNDER THIS SUBSECTION.

(4)  IF A PERSON FAILS TO COMPLY WITH A SUBPOENA
ISSUED UNDER THIS SUBSECTION, ON PETITION OF THE COMMISSION OR
ANOTHER PARTY, A COURT OF COMPETENT JURISDICTION MAY COMPEL
COMPLIANCE WITH THE SUBPOENA.

(B)  INJUNCTIVE POWER.

(1)  IF THE COMMISSION CONCLUDES THAT CONDUCT ALLEGED
TO BE A VIOLATION OF ANY PROVISION OF THIS TITLE MAY RESULT IN
IRREPARABLE HARM TO ANY PERSON, THE COMMISSION MAY SUE TO ENFORCE
ANY PROVISION OF THIS TITLE BY EX PARTE, INTERLOCUTORY, OR FINAL
INJUNCTION.

(2)  IN SEEKING AN INJUNCTION UNDER THIS SUBSECTION,
THE COMMISSION IS NOT REQUIRED TO:

(I)  POST BOND, IF THE INJUNCTION IS SOUGHT
AGAINST A PERSON WHO DOES NOT HOLD A LICENSE ISSUED UNDER THIS
TITLE; OR

(II)  ALLEGE OR PROVE THAT AN ADEQUATE REMEDY AT
LAW DOES NOT EXIST.

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