WILLIAM DONALD SCHAEFER, Governor

Ch. 3

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

(1)  ANY DISCIPLINARY ACTION UNDER § 15-318 OF THIS
TITLE; OR

(2)  ANY PROCEEDING BROUGHT FOR AN ALLEGED VIOLATION
OF THIS TITLE.

(C) INJUNCTIVE POWER.

(1)  THE BOARD MAY SUE TO ENFORCE ANY PROVISION OF
THIS TITLE BY INJUNCTION.

(2)  IN SEEKING AN INJUNCTION UNDER THIS SUBSECTION,
THE BOARD IS NOT REQUIRED TO:

(I)  POST BOND; OR

(II)  ALLEGE OR PROVE EITHER THAT:

1.  AN ADEQUATE REMEDY AT LAW DOES NOT
EXIST; OR

2.  SUBSTANTIAL OR IRREPARABLE DAMAGE
WOULD RESULT FROM THE CONTINUED VIOLATION OF THE PROVISION.

(3)  A MEMBER OF THE BOARD MAY NOT BE HELD PERSONALLY
LIABLE FOR ANY ACTION TAKEN UNDER THIS SUBSECTION.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 56, §
333(a), (e), and (f).

In the introductory language of subsection (b) of this
section, the phrase "to testify" is added to clarify
that the subpoena of the Board requires not merely
attendance but also compliance with an order to
testify.

Also in the introductory language of subsection (b) of
this section, the word "evidence" is substituted for
the former reference to "books, papers, documents, or
other pertinent data", for brevity.

In subsection (c)(3) of this section, the phrases "for
any action taken under this subsection" are
substituted for the former phrase "under this
proceeding", to preclude the seemingly unintended
result of liability through separate proceedings.

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