Ch. 533

LAWS OF MARYLAND

(B) IN A CRIMINAL PROCEEDING UNDER THIS TITLE, THE BURDEN
OF GOING FORWARD WITH EVIDENCE OF A CLAIM OR EXEMPTION OR
EXCEPTION FROM A DEFINITION IS ON THE PERSON CLAIMING IT.

11-701.

(a)   In his discretion, the Commissioner may:

(1)  Make public or private investigations within or
outside of this State as he considers necessary to:

(i) Determine whether any person has violated
or is about to violate any provision of this title or any rule or
order under this title; or

(ii) Aid in the enforcement of this title or in
the prescribing of rules and forms under this title;

(2)  Require or permit any person to file a statement
in writing, under oath or otherwise as the Commissioner
determines, as to all the facts and circumstances concerning the
matter to be investigated; AND

(3)  Publish information concerning any violation of
this title or any rule or order under this [title; and] TITLE.

[(4) Issue a cease and desist order as to any
practice or act found by the Commissioner to be in violation of
this title provided that notice and opportunity for a hearing are
given to each person named in the order.]

(b)  For the purpose of any investigation or proceeding
under this title, the Commissioner or any officer designated by
him may administer oaths and affirmations, subpoena witnesses,
compel their attendance, take evidence, and require the
production of any books, papers, correspondence, memoranda,
agreements, or other documents or records which the Commissioner
considers relevant or material to the inquiry.

(c)  (1) In case of contumacy by or refusal to obey a
subpoena issued to any person, the circuit court of the county in
which the person resides or transacts business, on application by
the Commissioner, may issue to the person an order requiring him
to appear before the Commissioner or the officer designated by
him to produce documentary evidence if so ordered or to give
evidence touching the matter under investigation or in question.

(2) Failure to obey the order of the court may be
punished by the court as a contempt of court.

(d)  A person is not excused from attending and testifying
or from producing any document or record before the Commissioner,
or in obedience to the subpoena of the Commissioner or any

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