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Session Laws, 1999
Volume 796, Page 832   View pdf image
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REVISOR'S NOTE: This section is new language derived without substantive
change from the first sentence of former Art. 41, § 4-701(b) and the first
and second sentences of (c).

In subsection (a)(1) of this section, the reference that an inmate "may" file
a claim is substituted for the former reference that the inmate "shall have
the right to" file a claim for consistency with regard to discretionary
language throughout this article.

In subsection (a)(2) of this section, the reference to the Board's receipt of a
claim "even if the State has not appropriated money to pay the claim" is
substituted for the former reference to the Board's receipt of a claim "for
the payment of which no money has been appropriated" for clarity.

In subsection (c) of this section, the requirement that "[t]he Board" file and
properly designate claims is added to state expressly that which was only
implied in the first sentence of former Art. 41, § 4-701(c), which authorized
the Board to receive a claim from an inmate, as set forth in subsection
(a)(2) of this section, i.e., the Board is responsible for filing and designating
the claim.

Defined terms: "Board" § 10-301
"Correctional facility" § 1-101
"Inmate" § 1-101

10-306. OATHS, WITNESSES, DOCUMENTS, AND SUBPOENAS.

(A) IN GENERAL.

WITH RESPECT TO ANY CLAIM, A MEMBER OF THE BOARD MAY:

(1) ADMINISTER OATHS; AND

(2) ISSUE SUBPOENAS TO COMPEL:

(I) THE ATTENDANCE OF WITNESSES; AND

(II) THE PRODUCTION OF PERTINENT RECORDS OR DOCUMENTS.

(B) JUDICIAL ENFORCEMENT.

THE BOARD MAY PETITION A CIRCUIT COURT FOR AN ORDER OF CONTEMPT
AGAINST A PERSON WHO REFUSES TO:

(1) COMPLY WITH A SUBPOENA ISSUED BY A BOARD MEMBER,

(2) COMPLY WITH A REQUEST BY A BOARD MEMBER TO BE SWORN TO
AN OATH; OR

(3) ANSWER AS A WITNESS BEFORE THE BOARD.

REVISOR'S NOTE: This section is new language derived without substantive
change from the third and fourth sentences of former Art. 41, § 4-701(c).

In subsection (a)(2) of this section, the reference to the authority of a

 

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Session Laws, 1999
Volume 796, Page 832   View pdf image
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