§ 8.3-404

Maryland § 8.3-404

• Jurisdiction: Maryland
• Article gle: Labor and Employment

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(a) Subject to § 8.3–905 of this title, to enforce this title, the Secretary may:

(1) conduct an investigation under this title, on the Secretary’s own initiative or on receipt of a written complaint;

(2) administer an oath;

(3) certify to an official act;

(4) take a deposition;

(5) issue a subpoena for the attendance of a witness to testify or the production of books, correspondence, memoranda, papers, or other records; and

(6) bring a civil action in the county where the violation allegedly occurred.

(b) (1) A subpoena issued under subsection (a)(5) of this section shall be served in any manner in which a subpoena of a court may be served.

(2) If a person fails to comply with a subpoena issued under subsection (a)(5) of this section 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 issue an order directing compliance with the subpoena or compelling testimony.

(3) (i) Subject to subparagraph (ii) of this paragraph, a person may not be excused from complying with a subpoena issued under subsection (a)(5) 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.

(ii) 1. Except as provided in subsubparagraph 2 of this subparagraph, 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.

2. If the person commits perjury while giving testimony, the person is subject to prosecution for that offense.