§ 8-505. Enforcement of subtitle

   (a) In general. -- To enforce this subtitle, a hearing examiner may:

   (1) administer an oath;

   (2) certify to an official act; and

   (3) take a deposition.

(b) Subpoena. --

   (1) To enforce this subtitle, a hearing examiner may issue a subpoena for the attendance of a witness to testify or for the production of books, correspondence, memoranda, papers, and other records.

   (2) A subpoena issued under this subsection shall be served in any manner in which court subpoenas are authorized to be served.

   (3) If a person fails to comply with a subpoena issued under this subsection, on a complaint filed by the chief hearing examiner or an authorized representative of the chief hearing examiner, the circuit court for the county where the investigation or hearing is conducted or the person is present, resides, or transacts business may pass an order directing compliance with the subpoena or compelling testimony.

   (4) (i) A person may not be excused from attending a proceeding and testifying or producing books, correspondence, memoranda, papers, and other records before a hearing examiner in obedience to a subpoena issued under this section on the ground that the testimony or evidence required of the person may tend to incriminate the person or subject the person to a penalty or forfeiture.

      (ii) After having claimed the privilege of the person against self-incrimination, a person may not be prosecuted or subjected to any penalty or forfeiture because of any transaction, matter, or thing about which the person is compelled to testify or produce evidence.

      (iii) A person may be prosecuted and punished for perjury committed in testifying.

HISTORY: 2008, ch. 660, § 3.