Maryland Code, STATE GOVERNMENT 2-1609
Terms Used In Maryland Code, STATE GOVERNMENT 2-1609
- 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
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- 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.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
(b) (1) The rules of an investigating committee shall provide for written notice of a hearing to be given to the members:
(i) at least 3 days before the hearing, if it is held when the General Assembly is in session; and
(ii) at least 7 days before the hearing, if it is held when the General Assembly is not in session.
(2) Notice of a hearing shall include a statement of the subject matter.
(3) A hearing and action that is taken at a hearing are not invalid only because notice is not given as provided in this subsection.
(c) A hearing shall be public unless, by a majority vote of all of the members of the investigating committee, the investigating committee determines otherwise.
(d) (1) With the consent of a majority of the members of an investigating committee who are present at a hearing, a witness or counsel for the witness may submit to the investigating committee a sworn statement that is relevant to the purpose, subject, and scope of the investigation or inquiry.
(2) If an investigating committee believes that a person may be affected adversely because the person is named or otherwise identified at a hearing, the person may:
(i) on request of the person or a member of the investigating committee, testify in the person’s behalf; or
(ii) with the consent of the investigating committee, submit a sworn statement or other documentary evidence.
(3) With the consent of a majority of the members of the investigating committee, any other person may testify or submit a sworn statement or other documentary evidence.
(e) (1) At a hearing, a person shall testify under oath unless, by a majority vote of the members who are present at the hearing, the investigating committee waives the requirement for the person.
(2) Any member of the investigating committee may administer an oath.
(f) (1) Counsel may accompany a witness at a hearing and advise the witness of the rights of the witness.
(2) An investigating committee may set limits to prevent obstruction of or interference with the orderly conduct of the hearing.
(g) (1) A witness at a hearing or counsel for the witness may submit to the investigating committee a proposed question, for the witness or any other witness.
(2) The investigating committee shall ask the question if the investigating committee considers the question appropriate to the subject matter of the hearing.
(h) (1) An investigating committee shall have a record made of each hearing.
(2) The record shall include:
(i) each ruling of the presiding officer;
(ii) each question of the investigating committee and its staff;
(iii) the testimony and responses of each witness;
(iv) each sworn statement or other documentary evidence that the investigating committee permits a person to submit; and
(v) any other matter that the investigating committee or its chairman directs.
(3) The investigating committee shall provide to a witness a certified transcript of the witness’ testimony, if the witness asks in advance and pays for the transcript.
(i) (1) This subsection does not:
(i) prevent the disclosure of evidence by the person who gives evidence, if only that person could claim a privilege against disclosure; or
(ii) limit any power of the General Assembly, the Senate, or the House to discipline a member or employee or to impose a penalty if a State‘s Attorney or court does not act under this subsection.
(2) If a hearing of an investigating committee is closed to the public, testimony and other evidence that is given at the hearing may not be made public unless, by a majority vote of all of the members of the investigating committee, the investigating committee permits disclosure and specifies the form and manner of disclosure.
(3) On application of a person who claims to have been injured or prejudiced by an unauthorized disclosure or on motion of a State’s Attorney, the State’s Attorney may begin proceedings for imposition of penalties under this subsection.
(4) A person who violates any provision of this subsection is subject to a fine not exceeding $1,000 or imprisonment not exceeding 30 days or both.