Ch. 648

LAWS OF MARYLAND

(II) THE PRINCIPAL PLACE OF BUSINESS OF THE
ALLEGED VIOLATOR IS LOCATED.

(3) IN SEEKING AN INJUNCTION UNDER THIS SUBSECTION,
THE STATE BOARD IS NOT REQUIRED TO ALLEGE OR PROVE THAT AN
ADEQUATE REMEDY AT LAW DOES NOT EXIST.

COMMITTEE COMMENT: Subsections (a), (b)(1), (2), and
(3)(ii), and (c)(1) and (2) of this section are new
language derived from former Art. 56, § 533(f), (g),
and the first sentence of (h)(1) and the first
sentence of (2).

Subsection (b)(3) of this section is new language
substituted for the second sentence of former Art. 56,
§ 533(h)(2), which enabled an official to "report" a
failure to comply with a subpoena to a court and
required the court to issue a writ of attachment. The
substituted language is based on language used in
comparable provisions throughout the revised code.

Subsection (c)(3) of this section is new language
added to make Md. Rule BB76 inapplicable to the extent
that it allows denial of an injunction if the adverse
party shows that there is property from which damages
can be made.

Subsection (a) of this section is revised as a power
of the "State Board", or its hearing officer, to
reconcile the former overlapping references to taking
testimony. Former Art. 56, § 533(f) allowed "{a}ny
member of the Board", or its hearing officer, to take
testimony, while § 533(h)(1) conferred that power on
the "Board, or its designee". The revision reflects
that individual Board members do not conduct
proceedings. Accordingly, the revision also confers
the powers to hold hearings and administer oaths on
the "State Board", rather than on individual members.

The introductory phrase of subsection (a) of this
section, "{i}n connection with a proceeding", is
substituted for the former phrase "about all matters
within the jurisdiction of the Board", for clarity.

In subsection (a)(3) of this section, the word
"otherwise" is added to allow the State Board latitude
in the manner in which depositions are taken.

In subsection (b)(1) of this section, the reference to
subpoenaing "any person in the State" is deleted to
broaden the power of the State Board so that it may
subpoena records.

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