Section 3-206 - Investigative and enforcement powers. - Maryland Statutes

§ 3-206. Investigative and enforcement powers.
 

(a)  Investigative power and staff.- To enforce this title, the Board: 

(1) may conduct investigations and hold hearings on any matter covered by this title, at any time and place in the State; and 

(2) subject to the State budget, may employ an investigative staff to: 

(i) investigate a complaint; and 

(ii) perform any other related duty, as assigned by the Board. 

(b)  Oaths; evidence.- To enforce this title, the Board may: 

(1) administer oaths; 

(2) examine witnesses; and 

(3) receive evidence. 

(c)  Subpoenas.-  

(1) The Board may issue a subpoena for the attendance of a witness to testify or the production of evidence in connection with any investigation or hearing conducted under subsection (a) of this section. 

(2) A subpoena shall be signed by 3 members of the Board. 

(3) If a person fails to comply with a subpoena issued under this subsection, on petition of the Board, a circuit court may compel compliance with the subpoena. 

(d)  Injunctive power.-  

(1) The Board may sue in the name of the State to enforce any provision of this title by injunction. 

(2) In seeking an injunction under this subsection, the Board is not required to: 

(i) post bond; or 

(ii) allege or prove either that: 

1. an adequate remedy at law does not exist; or 

2. substantial or irreparable damage would result from the continued violation of the provision. 

(3) A member of the Board or its staff may not be held personally liable for any action taken under this subsection in good faith and with reasonable grounds. 
 

[An. Code 1957, art. 56, § 466; 1989, ch. 3, § 1; ch. 632, § 3.]