Maryland Code, LABOR AND EMPLOYMENT 8.3-404
Terms Used In Maryland Code, LABOR AND EMPLOYMENT 8.3-404
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- County: means a county of the State or Baltimore City. See
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Oath: A promise to tell the truth.
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- Subpoena: A command to a witness to appear and give testimony.
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(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.