Md. Code Regs. 10.37.10.23

Current through Register Vol. 51, No. 25, December 13, 2024

Section 10.37.10.23 - Subpoenas

A. At any time, the Commission may issue subpoenas directing a designated person to do the following:

(1) Appear to testify at a hearing or private pre-hearing conference conducted by the Commission:

(2) Appear at a specified time and date at the Commission offices or any designated place within the State, and, under oath or otherwise, give testimony and answer questions of the Commission or its authorized representatives; or

(3) Produce documents, reports, or records of a particular activity for a specific period of time if he has custody of or access to the documents, reports, or records; the records may be in any reasonable form; the production shall be made at a specified time, date, and place.

B. A subpoena shall be in whatever form is prescribed by the Commission and shall include:

(1) The name, title, if any, and address of the person upon whom it is to be served and the address at which it is to be served;

(2) The name(s), title(s), or position(s) of the witness(es) who shall appear and the time, date and place of their appearance.

(3) A reasonable specification of the documents, reports and/or records, if any, to be produced at the designated time, date and place.

C. Subpoenas shall be served at least 7 days before any public hearing or private or pre-hearing conference or executive session of the Commission at which the witness or witnesses are directed to appear, and shall be served at least 3 days before a private appointment.

D. Subpoenas shall be served in person by a person designated by the executive director or, at his discretion, by registered or certified mail, return receipt requested. A signed return of the service or the return receipt shall be entered in the file and noted on the docket of the proceeding.

E. A witness or a party with whom he is associated or affiliated may move to quash or modify the subpoena directed to him at any time before the date set for his appearance by filing with the Commission a motion to quash or modify the subpoena as provided in that section which pertains to motions in general.

F. Failure to appear or to produce documents in accordance with a subpoena shall subject the witness or the party with which he is affiliated or associated to a finding of contempt by the Commission and other penalties provided by law or these regulations.

Md. Code Regs. 10.37.10.23

Regulation .23 amended effective May 11, 1977 (4:10 Md. R. 767)