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Session Laws, 1989
Volume 771, Page 339   View pdf image
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WILLIAM DONALD SCHAEFER, Governor

Ch. 3

7-205. INVESTIGATIVE AND ENFORCEMENT POWERS.

(A) INVESTIGATIVE STAFF.

SUBJECT TO THE STATE BUDGET, THE BOARD MAY EMPLOY AN
INVESTIGATIVE STAFF TO INVESTIGATE A CHARGE THAT IS MADE AGAINST
A LICENSED FORESTER AND ALLEGES FACTS THAT CONSTITUTE:

TITLE; OR

(1) A GROUND FOR DISCIPLINARY ACTION UNDER THIS

(2) A VIOLATION OF THIS TITLE.

(B)  OATHS.

THE BOARD MAY ADMINISTER OATHS.

(C)  SUBPOENAS.

(1)  THE BOARD MAY ISSUE A SUBPOENA FOR THE ATTENDANCE
OF A WITNESS TO TESTIFY OR THE PRODUCTION OF EVIDENCE IN
CONNECTION WITH:

(I)  A DISCIPLINARY ACTION UNDER § 7-309 OF THIS
TITLE; OR

(II)  A PROCEEDING BROUGHT FOR AN ALLEGED
VIOLATION OF THIS TITLE.

(2)  A SUBPOENA SHALL BE SIGNED BY THE CHAIRMAN OF THE
BOARD AND SEALED WITH THE SEAL OF THE BOARD.

(3)  IF A PERSON FAILS TO COMPLY WITH A SUBPOENA
ISSUED UNDER THIS SUBSECTION, ON PETITION OF THE BOARD, A CIRCUIT
COURT MAY COMPEL COMPLIANCE WITH THE SUBPOENA.

REVISOR'S NOTE: This section is new language derived
without substantive change from the third through
fifth sentences of former Art. 56, § 306 and the
second sentence of § 317.

The introductory phrase of subsection (a) of this
section, "[s]ubject to the State budget", is added to
reflect that the State budget controls funding for an
investigative staff.

In subsection (a)(1) and (2) of this section, the
general references to a "ground for disciplinary
action" and to a "violation of this title" are
substituted for the former references to "fraud,
deceit, gross negligence, incompetency, or other
misconduct", to encompass all situations in which the
Board may need to investigate.

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Session Laws, 1989
Volume 771, Page 339   View pdf image
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