Ch. 563
LAWS OF MARYLAND
or enforcement proceeding under this title and are not
limited to a disciplinary hearing under § 4-325 of
this title.
Also on the recommendation of the Joint Subcommittee,
in subsection (a)(2)(iii) of this section, the
reference to the "production of evidence" is added to
provide express authority for the Commission to issue
a subpoena for the production of evidence.
Accordingly, in subsection (a)(4) of this section, the
reference to a failure "to comply with a subpoena" is
substituted for the former limited references to
refusal or neglect to "attend" and refusal to
"testify".
In subsection (a)(2)(iii) and (iv) of this section,
the former limiting reference to "any person in the
State" is deleted, on the recommendation of the Joint
Subcommittee on the Business Occupations Article, to
expand the power of the Commission to issue a subpoena
and take a deposition.
In subsection (a)(3) of this section, the reference to
a "private process server" is new language added at
the request of the Maryland Association of Realtors,
Inc., to provide expressly that a private process
server may serve a subpoena.
In subsection (a)(4) of this section, the reference to
a petition of "another party" is added on the
recommendation of the Joint Subcommittee on the
Business Occupations Article to expressly provide that
any party to a proceeding may petition the court to
compel compliance with a subpoena.
Also in subsection (a)(4) of this section, the former
detailed references to compelling compliance by
"attachment against said witness" are deleted as
unnecessary. The revised item is based on language
used in comparable provisions throughout the revised
code.
Subsection (b)(1) of this section states a standard
that is implicit in the scheme of provisions for
injunctions. However, since the standard was stated
explicitly in former Art. 56, § 231A, it is retained
in this subsection.
In subsection (b)(1) of this section, the former
provisions as to venue are deleted as surplusage.
Also in subsection (b)(1) of this section, the former
reference to "continuing conduct" is deleted, on the
- 3758 -
|