Ch. 3                                           LAWS OF MARYLAND

10-403. SAME -- RIGHTS OF PERSON UNDER INVESTIGATION.

WHENEVER THE ATTORNEY GENERAL CONDUCTS AN INVESTIGATION
UNDER THIS SUBTITLE, THE ATTORNEY GENERAL SHALL PROVIDE TO THE
PERSON UNDER INVESTIGATION:

(1)  A WRITTEN STATEMENT THAT SPECIFIES THE CONDUCT
UNDER INVESTIGATION; AND

(2)  AN OPPORTUNITY TO BE HEARD AND TO PRESENT
EVIDENCE ON THE CONDUCT UNDER INVESTIGATION.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 10, §
26B(f).

In item (1) of this section, the reference to a
"statement that specifies the conduct under
investigation" is substituted for the former reference
to a "specification of the issues which are to be
considered", for clarity.

Defined term: "Person" § 1-101

10-404. SAME -- INVESTIGATIVE AND ENFORCEMENT POWERS.

(A)  INVESTIGATIVE POWERS.

IN AN INVESTIGATION UNDER THIS SUBTITLE, THE ATTORNEY
GENERAL, A DEPUTY ATTORNEY GENERAL, OR ANY ASSISTANT ATTORNEY
GENERAL WHOM THE ATTORNEY GENERAL DESIGNATES MAY:

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

(2)  ADMINISTER OATHS; AND

(3)  EXAMINE WITNESSES.

(B)  APPLICABLE LAWS.

THE LAWS THAT RELATE TO CIVIL ACTIONS GOVERN THE ATTENDANCE
AND COMPENSATION OF WITNESSES IN AN INVESTIGATION UNDER THIS
SUBTITLE.

(C)  FAILURE TO COMPLY.

IF A PERSON FAILS TO COMPLY WITH A SUBPOENA OR REFUSES TO
TESTIFY ABOUT A MATERIAL MATTER, ON PETITION OF THE ATTORNEY
GENERAL, A CIRCUIT COURT MAY COMPEL COMPLIANCE WITH THE SUBPOENA.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 10, §

- 470 -