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MARYLAND STATUTES AND CODES

Section 5-104 - Authority of Commissioner; delegation.

§ 5.5-104. Authority of Commissioner; delegation.
 

(a)  In general.- The Commissioner shall: 

(1) administer and enforce the provisions of this title; 

(2) adopt regulations to establish rules of procedure for hearings held in accordance with this title; 

(3) establish record keeping and reporting procedures necessary to carry out the duties created under this title; 

(4) accept and receive from any agency or agent of the federal government grants of money appropriated under any act of the United States Congress relating to railroad safety and health; and 

(5) have exclusive jurisdiction involving all areas of railroad safety and health as provided under this title. 

(b)  Official acts; subpoenas.-  

(1) To carry out this title, the Commissioner or authorized representative of the Commissioner may administer an oath, certify to an official act, take or cause to be taken a deposition of a witness, or issue a subpoena for the attendance of a witness to testify or the production of papers, books, documents, records, and testimony. 

(2) If a person fails to comply with a lawfully issued subpoena, on application of the Commissioner or authorized representative of the Commissioner in a contempt proceeding, a court of competent jurisdiction may compel the person to comply. 

(c)  Use of other resources.- To assist in carrying out this title, the Commissioner may accept and use any service, facility, or employee of any unit of the State or political subdivision, with the consent of the unit or subdivision and with or without reimbursement. 

(d)  Delegation.- The Commissioner may assign any function or duty under this title to the Chief Inspector for Railroad Safety and Health. 

(e)  Limitation on jurisdiction.- Notwithstanding any other provision of this title, the Commissioner has no jurisdiction in any area of railroad safety and health under this title relating to any rapid rail transit system or light rail system operating in the State. 
 

[1998, ch. 8, § 3.] 
 

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