Maryland Code, STATE GOVERNMENT 9-1605
Terms Used In Maryland Code, STATE GOVERNMENT 9-1605
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- 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.
- including: means includes or including by way of illustration and not by way of limitation. See
- 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
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See - Testify: Answer questions in court.
(1) shall be a special appointment in the State Personnel Management System;
(2) may be removed, suspended, or demoted by the Chief Administrative Law Judge for cause, after notice and an opportunity to be heard;
(3) shall receive the compensation provided in the State budget; and
(4) may not perform duties inconsistent with the duties and responsibilities of an administrative law judge.
(b) An administrative law judge may not be responsible to or subject to the supervision or direction of an officer, employee, or agent engaged in the performance of investigative, prosecuting, or advisory functions for an agency.
(c) In any contested case conducted by an administrative law judge, the administrative law judge may:
(1) authorize the issuance of subpoenas for witnesses;
(2) administer oaths;
(3) examine an individual under oath; and
(4) compel the production of documents or other tangible things.
(d) (1) Without good cause, a person may not refuse an order by any administrative law judge to:
(i) appear for a hearing;
(ii) testify under oath; or
(iii) produce any relevant evidence, including documents or other tangible things.
(2) (i) An administrative law judge may apply, upon affidavit, to any judge of a circuit court for an order, returnable in not less than 2 nor more than 5 days, to show cause why a person should not be committed to jail for refusal to comply with an order issued under paragraph (1) of this subsection.
(ii) On the return of an order issued under subparagraph (i) of this paragraph, if the judge hearing the matter determines that the person is guilty of refusal to comply with the order of the administrative law judge, the judge may commit the offender to jail as in cases of civil contempt.