§ 3-408. Powers to ascertain wages and obtain evidence

   (a) Power to ascertain wages. -- The Commissioner may ascertain what wage is paid in any occupation in the State.

(b) Evidence. --

   (1) In an investigation under this subtitle, the Commissioner shall try to negotiate with an employer to obtain the testimony or documentary evidence that is needed to determine whether a violation exists.

   (2) If the Commissioner is unable to obtain evidence by negotiation, the Commissioner may issue a subpoena for the attendance of a witness to testify or the production of documentary evidence that relates to the subject matter of the complaint.

   (3) Each application for a subpoena under this subsection shall:

      (i) be under oath; and

      (ii) describe in detail:

         1. the nature, purpose, and scope of the investigation;

         2. each witness to be subpoenaed; and

         3. each record to be inspected.

   (4) A subpoena may not be issued unless the application is approved by the Attorney General as to form and substance.

   (5) If a person fails to comply with a subpoena issued under this subsection, on a complaint filed by the Commissioner, a circuit court may compel compliance with the subpoena.

HISTORY: An. Code 1957, art. 100, § 84; 1991, ch. 8, § 2.