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Session Laws, 2003
Volume 799, Page 309   View pdf image
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ROBERT L. EHRLICH, JR., Governor

Ch. 5

(2) THE STATE FIRE MARSHAL SHALL TRANSMIT A COPY OF THE
TESTIMONY TAKEN UNDER PARAGRAPH (1) OF THIS SUBSECTION TO THE STATE'S
ATTORNEY FOR THE COUNTY WHERE THE FIRE OR EXPLOSION OR ATTEMPT TO
CAUSE AFIRE OR EXPLOSION OCCURRED.

(B)     WITNESSES, SUBPOENAS, AND OATHS.
THE STATE FIRE MARSHAL MAY:

(1)      ISSUE SUBPOENAS REQUIRING THE ATTENDANCE OF WITNESSES TO
TESTIFY IN RELATION TO ANY MATTER THAT IS THE SUBJECT OF AN INVESTIGATION
BY THE STATE FIRE MARSHAL UNDER THIS SUBTITLE;

(2)      ISSUE SUBPOENAS REQUIRING THE PRODUCTION OF DOCUMENTS
THAT RELATE TO ANY MATTER THAT IS THE SUBJECT OF AN INVESTIGATION BY THE
STATE FIRE MARSHAL UNDER THIS SUBTITLE; AND

(3)      ADMINISTER OATHS TO WITNESSES.

(C)     PERJURY.

A PERSON WHO TESTIFIES FALSELY UNDER OATH IN A MATTER OR
PROCEEDING OF THE STATE FIRE MARSHAL UNDER THIS SUBTITLE IS GUILTY OF
PERJURY AND ON CONVICTION IS SUBJECT TO THE PENALTIES FOR PERJURY.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 38A, § 8(h) and the first and third clauses of

(g)(1).

In subsection (a)(1)(i) of this section, the reference to an "inspection or
investigation" is substituted for the former reference to "the matter herein
required to be examined and inquired into" for brevity and consistency
within this section.

Also in subsection (a)(1)(i) of this section, the former phrase "when in his
judgment necessary" is deleted as surplusage.

In subsection (a)(2) of this section, the reference to the State's Attorney for
the "city", which presumably was a reference to Baltimore City, is deleted
because Baltimore City is included in the defined term "county".

In subsection (b)(1) and (2) of this section, the references to an
"investigation" are substituted for the former references to "a subject of
inquiry and investigation" and "such examination" for brevity and
consistency within this section and with § 6-309 of this subtitle.

In subsection (b)(1) of this section, the phrase "under this subtitle" is
substituted for the former phrase "by the provision of this article" because
investigations by the State Fire Marshal are covered under this subtitle.

In subsection (b)(3) of this section, the former word "affirmations" is
deleted as unnecessary in light of the word "oaths". See Art. 1, § 9.

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Session Laws, 2003
Volume 799, Page 309   View pdf image
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