Ch. 36

1995 LAWS OF MARYLAND

(2)      IF A PERSON FAILS TO COMPLY WITH A LAWFULLY SERVED
SUBPOENA, THE COMMISSIONER IMMEDIATELY SHALL FILE A COMPLAINT AND A
COPY OF THE SUBPOENA AND PROOF OF SERVICE WITH THE CIRCUIT COURT FOR
THE COUNTY WHERE THE PERSON WAS REQUIRED TO APPEAR OR PRODUCE
EVIDENCE.

(3)      ON RECEIPT OF A COMPLAINT AND A COPY OF THE SUBPOENA AND
PROOF OF SERVICE, THE CIRCUIT COURT SHALL:

(I)       ISSUE AN ORDER DIRECTING COMPLIANCE WITH THE
SUBPOENA OR COMPELLING TESTIMONY; AND

(II)     IMPOSE PENALTIES AS IF THE PERSON HAD FAILED TO COMPLY
WITH A SUBPOENA OF THE COURT.

(C)     SELF-INCRIMINATION.

(1)      A PERSON IS NOT EXCUSED FROM ATTENDING, TESTIFYING, OR
PRODUCING EVIDENCE IN AN EXAMINATION, INVESTIGATION, OR HEARING
CONDUCTED BY OR UNDER AUTHORITY OF THE COMMISSIONER ON THE GROUND
THAT THE TESTIMONY OR EVIDENCE MAY:

(I)       TEND TO INCRIMINATE THE PERSON; OR

(II)     SUBJECT THE PERSON TO A PENALTY OF FORFEITURE.

(2)      BEFORE A PERSON THAT CLAIMS THE PRIVILEGE AGAINST
SELF-INCRIMINATION IS REQUIRED OR ALLOWED TO TESTIFY OR PRODUCE
EVIDENCE, THE COMMISSIONER SHALL CONSULT WITH THE ATTORNEY GENERAL
AND, WITH THE CONSENT OF THE ATTORNEY GENERAL, THE PERSON MAY NOT BE
PROSECUTED OR PUNISHED IN A CRIMINAL ACTION BECAUSE OF AN ACT,
TRANSACTION, MATTER, OR THING ABOUT WHICH THE PERSON IS COMPELLED TO
PRODUCE EVIDENCE OR TESTIFY UNDER OATH.

(3)      A PERSON THAT TESTIFIES IS NOT EXEMPT FROM PROSECUTION
AND PUNISHMENT FOR PERJURY COMMITTED WHILE TESTIFYING.

(D)     WITNESS FEES, MILEAGE, AND EXPENSES.

(1)      A WITNESS IS ENTITLED TO THE FEES AND MILEAGE
REIMBURSEMENT ALLOWED FOR TESTIMONY IN A COURT.

(2)      ON SUBMISSION OF AN ITEMIZED CLAIM, WITNESS FEES, MILEAGE,
AND ACTUAL NECESSARY EXPENSES INCURRED IN SECURING ATTENDANCE AND
TESTIMONY OF A WITNESS SHALL BE PAID BY:

(I)      THE PERSON BEING EXAMINED, IF THE PERSON IS FOUND TO
HAVE VIOLATED THE LAW AS TO THE MATTER ABOUT WHICH THE WITNESS WAS
SUBPOENAED; OR

(II)     THE PERSON THAT REQUESTED THE HEARING, IF THE
HEARING WAS REQUESTED BY A PERSON OTHER THAN THE COMMISSIONER.

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