Maryland Code, AGRICULTURE 16-110
Terms Used In Maryland Code, AGRICULTURE 16-110
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(a) The Secretary may:
(1) Issue a subpoena to compel testimony or the production of any record required to be kept under § 16-104 of this title; and
(2) File a petition in a court of competent jurisdiction for an order of contempt against a person that, without lawful excuse, fails to obey the subpoena.
(b) (1) The Secretary may apply to a judge of the District Court or a circuit court for an administrative search warrant to enter a private premises to conduct any inspection required or authorized by law to determine compliance with the requirements of the Program.
(2) An application for an administrative search warrant under this section shall:
(i) Be in writing;
(ii) Be verified by the applicant; and
(iii) Describe the premises to be searched and the nature, scope, and purpose of the search.
(3) A judge who receives an application for an administrative search warrant may issue a warrant on a finding that:
(i) The scope of the proposed search is reasonable; and
(ii) A request to enter the premises has otherwise been denied.
(4) (i) An administrative search warrant issued under this section shall specify the location of the premises to be searched.
(ii) A search conducted in accordance with an administrative search warrant issued under this section may not exceed the limits specified in the warrant.
(5) An administrative search warrant issued under this section shall be executed and returned to the issuing judge:
(i) Within the period specified in the warrant, which may not exceed 30 days after the date of issuance; or
(ii) Within 15 days after the date of issuance, if no period is specified in the warrant.