PARRIS N. GLENDENING, Governor

Ch. 675

5-204.

(A)     WITH THE ADVICE OF THE ADVISORY COUNCIL AND AFTER
CONSULTATION WITH REPRESENTATIVES OF THE CEMETERY INDUSTRY, THE
DIRECTOR SHALL ADOPT:

(1)      RULES AND REGULATIONS TO CARRY OUT THIS TITLE; AND

(2)      A CODE OF ETHICS FOR ENGAGING IN THE OPERATION OF A
CEMETERY OR PROVIDING BURIAL GOODS.

(B)     UPON RECEIPT OF A WRITTEN COMPLAINT, OR AT THE DISCRETION OF
THE DIRECTOR, THE DIRECTOR MAY CONDUCT AN INVESTIGATION AND AN
INSPECTION OF THE RECORDS AND SITE OF A REGISTERED CEMETERIAN,
REGISTERED SELLER, AND PERMIT HOLDER.

(C)     THE DIRECTOR MAY HOLD HEARINGS ON ANY MATTER COVERED BY
THIS TITLE.

(D)     TO ENFORCE THIS TITLE, THE DIRECTOR MAY:

(1)      ADMINISTER OATHS;

(2)      EXAMINE WITNESSES; AND

(3)      RECEIVE EVIDENCE.

(E)     (1) THE DIRECTOR MAY ISSUE A SUBPOENA FOR THE ATTENDANCE OF
A WITNESS TO TESTIFY OR FOR THE PRODUCTION OF EVIDENCE IN CONNECTION
WITH ANY INVESTIGATION OR HEARING CONDUCTED IN ACCORDANCE WITH THIS
SECTION.

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

(F)      (1) THE DIRECTOR MAY SUE IN THE NAME OF THE STATE TO ENFORCE
ANY PROVISION OF THIS TITLE BY INJUNCTION.

(2)      IN SEEKING AN INJUNCTION UNDER THIS SUBSECTION, THE
DIRECTOR 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)      THE DIRECTOR OR STAFF MAY NOT BE HELD PERSONALLY LIABLE
FOR ANY ACTION TAKEN UNDER THIS TITLE IN GOOD FAITH AND WITH
REASONABLE GROUNDS.

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