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S.B. 830
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VETOES
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(2) REQUIRE OR PERMIT A PERSON TO FILE A STATEMENT IN WRITING,
UNDER OATH OR OTHERWISE AS THE COMMISSIONER DETERMINES, AS TO ALL THE
FACTS AND CIRCUMSTANCES CONCERNING THE MATTER TO BE INVESTIGATED; AND
(3) SUBJECT TO THE PROVISIONS OF TITLE 10, SUBTITLE 6 OF THE
STATE GOVERNMENT ARTICLE, PUBLISH INFORMATION CONCERNING A VIOLATION
OF A LAW, REGULATION, RULE, OR ORDER OVER WHICH THE COMMISSIONER HAS
JURISDICTION.
(B) FOR THE PURPOSE OF AN INVESTIGATION OR PROCEEDING, THE
COMMISSIONER OR AN OFFICER DESIGNATED BY THE COMMISSIONER MAY
ADMINISTER OATHS AND AFFIRMATIONS, SUBPOENA WITNESSES, COMPEL THEIR
ATTENDANCE, TAKE EVIDENCE, AND REQUIRE THE PRODUCTION OF BOOKS, PAPERS,
CORRESPONDENCE, MEMORANDA, AGREEMENTS, OR OTHER DOCUMENTS OR
RECORDS WHICH THE COMMISSIONER CONSIDERS RELEVANT OR MATERIAL TO THE
INQUIRY.
(C) (1) IN CASE OF CONTUMACY BY OR REFUSAL TO OBEY A SUBPOENA
ISSUED TO A PERSON, THE CIRCUIT COURT OF THE COUNTY IN WHICH THE PERSON
RESIDES OR TRANSACTS BUSINESS, ON APPLICATION BY THE COMMISSIONER, MAY
ISSUE TO THE PERSON AN ORDER REQUIRING THE PERSON TO APPEAR BEFORE THE
COMMISSIONER OR THE OFFICER DESIGNATED BY THE COMMISSIONER TO PRODUCE
DOCUMENTARY EVIDENCE IF SO ORDERED OR TO GIVE EVIDENCE TOUCHING THE
MATTER UNDER INVESTIGATION OR IN QUESTION.
(2) FAILURE TO OBEY THE ORDER OF THE COURT MAY BE PUNISHED BY
THE COURT AS A CONTEMPT OF COURT.
(D) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, A PERSON IS NOT
EXCUSED FROM ATTENDING AND TESTIFYING OR FROM PRODUCING A DOCUMENT
OR RECORD BEFORE THE COMMISSIONER, OR IN OBEDIENCE TO THE SUBPOENA OF
THE COMMISSIONER OR AN OFFICER DESIGNATED BY THE COMMISSIONER, OR IN A
PROCEEDING INSTITUTED BY THE COMMISSIONER, ON THE GROUND THAT THE
TESTIMONY OR EVIDENCE, DOCUMENTARY OR OTHERWISE, REQUIRED OF THE
PERSON MAY TEND TO INCRIMINATE THE PERSON OR SUBJECT THE PERSON TO A
PENALTY OR FORFEITURE.
(2) AN INDIVIDUAL MAY NOT BE PROSECUTED OR SUBJECTED TO A
PENALTY OR FORFEITURE FOR OR ON ACCOUNT OF A SPECIFIC SUBJECT
CONCERNING WHICH THE INDIVIDUAL IS COMPELLED, AFTER CLAIMING THE
INDIVIDUAL'S PRIVILEGE AGAINST SELF INCRIMINATION AS TO THAT SPECIFIC
SUBJECT, TO TESTIFY OR PRODUCE EVIDENCE, DOCUMENTARY OR OTHERWISE,
EXCEPT THAT THE INDIVIDUAL TESTIFYING IS NOT EXEMPT FROM PROSECUTION
AND PUNISHMENT FOR PERJURY OR CONTEMPT COMMITTED IN TESTIFYING.
2-115.
(A) WHEN THE COMMISSIONER DETERMINES THAT A PERSON HAS ENGAGED
OR IS ABOUT TO ENGAGE IN AN ACT OR PRACTICE CONSTITUTING A VIOLATION OF A
LAW, REGULATION, RULE OR ORDER OVER WHICH THE COMMISSIONER HAS
JURISDICTION, AND THAT IMMEDIATE ACTION AGAINST THE PERSON IS IN THE
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- 4184 -
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