Section 8-306 - Investigation and enforcement powers. - Maryland Statutes

§ 8-306. Investigation and enforcement powers.
 

(a)  Investigations.- To enforce this title, the Secretary may conduct investigations. 

(b)  Oaths, depositions, and certification of official acts.- To enforce this title, the Secretary may: 

(1) administer an oath; 

(2) certify to an official act; and 

(3) take a deposition. 

(c)  Subpoenas.-  

(1) To enforce this title, the Secretary may issue a subpoena for the attendance of a witness to testify or the production of books, correspondence, memoranda, papers, or other records. 

(2) A subpoena issued under this subsection shall be served in any manner in which a subpoena of a court may be served. 

(3) If a person fails to comply with a subpoena issued under this subsection, on a complaint filed by the Secretary, the circuit court for the county where the investigation is being conducted or where the person resides, is present, or transacts business may pass an order directing compliance with the subpoena or compelling testimony. 

(d)  Self-incrimination.-  

(1) Subject to paragraph (2) of this subsection, a person may not be excused from complying with a subpoena issued under subsection (c) of this section on the ground that the evidence or testimony required may tend to incriminate the person or subject the person to a forfeiture or penalty. 

(2) After claiming the privilege against self-incrimination a person may not be prosecuted or subjected to any forfeiture or penalty because of any matter, thing, or transaction about which the person is compelled to produce evidence or testify except that if the person commits perjury while giving testimony, the person is subject to prosecution for that offense. 
 

[An. Code 1957, art. 95A, § 12; 1991, ch. 8, § 2.]