WILLIAM DONALD SCHAEFER, Governor

Ch. 10

Also in subsection (a) of this section, the phrase "shall conduct investigations
and ... visits" is substituted for the phrases "shall investigate" and "shall visit"
to clarify the authority of the Secretary to delegate those functions, subject to
the Secretary's oversight.

Similarly, in subsection (b) of this section, the term "or the Secretary's
designee" is added for clarity.

Regarding subsection (b) of this section, the State Personnel Article Review
Committee notes, for consideration by the General Assembly, that the
Committee is uncertain whether the reference to "any State employee", as
derived from former Art. 64A, § 27(b), is intended to cover legislative or
judicial branch employees or only executive branch employees.

Defined terms: "Class" § 1-101
"Position" § 1-101
"Secretary" § 1-101
"State Personnel Management System" § 1-101

2-110. OATHS AND SUBPOENAS.

(A)     IN GENERAL.

AS PART OF ANY INVESTIGATION OR HEARING UNDER THIS DIVISION I, THE
SECRETARY OR THE PERSON THAT THE SECRETARY DESIGNATES TO CONDUCT THE
INVESTIGATION OR HEARING MAY ADMINISTER OATHS, TAKE TESTIMONY AND
OTHER EVIDENCE, AND SUBPOENA ANY PERSON OR ANY RELEVANT DOCUMENT.

(B)     ENFORCEMENT.

IF A PERSON FAILS TO COMPLY WITH A SUBPOENA OR REFUSES TO BE SWORN
OR TO TESTIFY, THEN, ON COMPLAINT OF THE SECRETARY, A CIRCUIT COURT MAY
ORDER THE PERSON TO COMPLY WITH THE SUBPOENA, TO BE SWORN, OR TO
TESTIFY.

REVISOR'S NOTE: Subsection (a) of this section is new language derived without
substantive change from the first clause of the fourth sentence of former Art.
64A, § 15.

Subsection (b) of this section is new language substituted for the reference in
the second clause of the fourth sentence of former Art. 64A, § 15 to the
subpoena powers of the Secretary as having "the same effect as is provided
with respect to the Public Service Commission under Article 78". See Art. 78,
§ 81(b). The new language is based on BR § 1-203(b), EN § 1-404(j)(2), HG
§ 2-104(k)(2), and TG § 13-302(b).

Defined terms: "Person" § 1-101
"Secretary" § 1-101

- 645 -