Md. Code Regs. 22.03.05.02

Current through Register Vol. 51, No. 21, October 18, 2024

Section 22.03.05.02 - Issuance of Subpoena

A. Subpoenas Issued by the Executive Director.

(1) Except as provided in §B of this regulation, and in accordance with Regulation .01A of this chapter, the Executive Director may issue a subpoena on behalf of the Board of Trustees, without prior review and approval by the Board of Trustees.

(2) The Office of the Attorney General shall review and approve the subpoena for legal sufficiency before the Executive Director may sign and issue the subpoena.

(3) The Executive Director shall notify the Board of Trustees of the issuance of a subpoena pursuant to this section.

B. Subpoenas for Evidentiary Hearings Issued by the Board of Trustees Under COMAR 22.03.04.08.

(1) On request of a party to an evidentiary hearing before the Board of Trustees under COMAR 22.03.04.08, or upon its own motion, the Board of Trustees may issue a subpoena requiring the attendance and testimony of witnesses and the production at the hearing of one or more tangible items in the possession or under the control of a witness.

(2) A subpoena may be issued to a party under this section at the sole discretion of the Board of Trustees, and shall be signed by the Board Chair.

(3) A party requesting a subpoena shall make the request in writing, filed with the Board Secretary, and served on all other parties.

(4) Except in the case of exigent circumstances adequately documented for the Board of Trustees, a party requesting a subpoena shall file the request at least 30 days before the date of an administrative hearing in order to allow the Board of Trustees to consider the request at its next regularly scheduled meeting.

Md. Code Regs. 22.03.05.02

Regulations .01 repealed effective 43:25 Md. R. 1386, eff. 12/19/2016; adopted effective 48:25 Md. R.1071-1098, eff. 12/13/2021