SUBTITLE 1. CIVIL MATTERS
(a) Authority to issue. A subpoena to compel the attendance of witnesses and to require the production of records and other materials in connection with civil investigations, inquiries, or hearings may be authorized by the:
(1) County Council;
(2) County Executive;
(3) Chief Administrative Officer;
(4) Chief of Staff;
(5) Director of Inspections and Permits;
(6) Planning and Zoning Officer;
(7) Administrative Hearing Officer;
(8) Board of Appeals;
(9) Personnel Board;
(10) Director of Public Works;
(11) County Auditor;
(12) County Attorney;
(13) Human Relations Commission; or
(14) Ethics Commission or Executive Director of the Ethics Commission.
(b) Contents. A subpoena shall be directed to the Sheriff and issued by the:
(1) Chair of the Board of Appeals or the Chair's designee;
(2) Administrative Officer to the County Council, as directed by the County Auditor or the County Council;
(3) Chief of Staff to the County Executive, as directed by any other officer or the Personnel Board;
(4) Human Relations Officer; or
(5) Chair or Executive Director of the Ethics Commission.
(c) Service. A subpoena may be served by the Sheriff or by any person not less than 18 years of age who is not a party to the proceedings for which the subpoena is issued. The person effecting service shall prepare and sign an affidavit attesting to personal delivery. The County Council, the Human Relations Commission, or the Board of Appeals may supplement the provisions of this subsection by rule.
(d) Failure to obey.
(1) In case of failure to comply with a subpoena, the Commission may apply to the Circuit Court in any County for an order requiring the attendance and testimony of witnesses and the production of books, papers, records, and documents.
(2) The Court may issue an order requiring the attendance and testimony of the witness and the production of the books, papers, records, electronically stored information, documents, and tangible property:
(i) after notice to the person subpoenaed as a witness or directed to produce books, papers, records, electronically stored information, documents, and tangible property; and
(ii) on a finding that the attendance and testimony of the witness or the production of the books, papers, records, electronically stored information, documents, and tangible property is relevant or necessary for the proceedings of the Commission.
(3) An order issued by the Court under this subsection shall be served on the person to whom it is directed by the Sheriff or Deputy Sheriff of the County where the residence or main office of the person is located.
(4) A failure to obey an order issued by the Court under this subsection may be punished by the Court as a contempt of court.
(1985 Code, Art. 2, § 1-101) (Bill No. 13-89; Bill No. 17-93; Bill No. 95-94; Bill No. 23-04; Bill No. 71-16; Bill No. 57-19; Bill No. 21-24)
Charter reference – § 1009.
(a) Authority to administer. The County Council, County Executive, Chief Administrative Officer, Chief of Staff, Director of Inspections and Permits, Planning and Zoning Officer, Administrative Hearing Officer, Board of Appeals, Personnel Board, Director of Public Works, County Auditor, County Attorney, Deputy County Attorneys, Supervising County Attorneys, Assistant County Attorneys, Human Relations Officer, Ethics Commission, and Executive Director of the Ethics Commission may administer oaths to and take the testimony of any witness before them in a civil matter.
(b) Content. The form and effect of an oath administered under this section shall be the same as an oath administered in a court of law.
(1985 Code, Art. 2, § 1-102) (Bill No. 13-89; Bill No. 95-94; Bill No. 23-04; Bill No. 71-16; Bill No. 57-19)
SUBTITLE 2. CRIMINAL MATTERS
(a) Generally. With the approval of the Court, the State's Attorney may order the Clerk of the Circuit Court to issue a subpoena to a witness to testify before the State's Attorney as to a crime committed in the County. The subpoena shall be directed to the Sheriff, who shall serve the subpoena as if the subpoena were issued directly from the Court.
(b) Fee. A witness subpoenaed and testifying before the State's Attorney is entitled to a fee.
(c) Failure to obey. If a person is subpoenaed to testify before the State's Attorney and the person does not obey the subpoena, the State's Attorney may request the Court to issue a body attachment directed to the Sheriff against the person named, compelling the person to appear and testify before the State's Attorney, returnable on the day stated in the attachment.
(1985 Code, Art. 4, § 2-101)
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