Maryland Labor and Employment Section 9-717

Article - Labor and Employment

§ 9-717.

      (a)      If, without reasonable cause, a witness refuses to produce a document or to testify in accordance with an order of the Commission, the Commission may and, on request of a party to the proceeding, shall apply to a circuit court for an order to show cause.

      (b)      On proof by affidavit that a witness has refused to produce a document or testify in accordance with an order of the Commission, the circuit court shall pass an order, returnable within 2 to 5 days, that directs the witness to show cause why the witness should not be imprisoned.

      (c)      (1)      On return of the order, the circuit court shall conduct a hearing to determine if the witness, without reasonable cause or legal excuse, refused to testify or provide a document in accordance with an order of the Commission.

            (2)      The circuit court shall:

                  (i)      examine the witness under oath; and

                  (ii)      give the witness an opportunity to be heard.

            (3)      If the circuit court finds that the witness, without reasonable cause or legal excuse, refused to produce a document or testify in accordance with an order of the Commission, the circuit court may have the witness immediately imprisoned until the witness:

                  (i)      produces the document or testifies; or

                  (ii)      is discharged in accordance with law.



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