SUBJECT TO THE AUTHORITY VESTED IN THE. SECRETARY BY LAW, THE
COMMISSIONER IS IN CHARGE OF THE DIVISION AND ITS UNITS.

(B) RESPONSIBILITY TO GOVERNOR AND SECRETARY.

THE COMMISSIONER IS RESPONSIBLE TO THE SECRETARY AND THE GOVERNOR
FOR THE OPERATION AND CONDUCT OF THE DIVISION]

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 674 and, as it related to the authority of the
Governor and the Secretary, the third sentence of § 673(a).

In subsection (a) of this section, the former reference to the Commissioner
being in "sole" charge of the Division is deleted as inconsistent with
subsection (b) of this section.

Also in subsection (a) of this section, the former reference to the
Commissioner being in "active" charge of the Division is deleted as implicit
in the statement that the Commissioner is "in charge of the Division".

Also in subsection (a) of this section, the reference to "units" in the Division
is substituted for the former reference to the Division's "several
institutions and agencies" for brevity. See General Revisor's Note to this
article.

In subsection (b) of this section, the former reference to the Commissioner
being responsible "solely" to the Secretary and the Governor is deleted as
unnecessary because neither this section nor any other provision in this
article suggests otherwise and for consistency with similar provisions in
other revised articles. See, e.g., BOP §§ 2-210, 3-211, 4-209, 5-210, 6-208,
7-208, 8-208, 9-208, 11-208, 12-210, 14-211, 15-211, 16-219, and
17-214, BR §§ 4-207, 8-214, and 11-214, FL § 10-107, FI §§ 2-105,
7-104(a), and 10-105, HG §§ 8-203(a)(l) and 10-203(a), LE § 2-102(b),
and SG § 7-203(c). Correspondingly, the former reference to the
Commissioner being subject "only" to the Secretary and Governor is
deleted.

Defined terms: "Commissioner" § 3-101
"Division" § 3-101
"Secretary" § 1-101

3-204. SAME — POWER TO SUBPOENA.

(A) IN GENERAL.

THE COMMISSIONER MAY SUBPOENA, ADMINISTER AN OATH TO, AND EXAMINE
UNDER OATH ANY PERSON IF THE COMMISSIONER CONSIDERS THAT IT IS
NECESSARY FOR AN EFFECTIVE ADMINISTRATION OF THE COMMISSIONER'S DUTIES.

(B) FAILURE TO APPEAR OR TESTIFY.