2013 Maryland Code
LABOR AND EMPLOYMENT
§ 9-717 - Noncompliance by witness


MD Lab & Emp Code § 9-717 (2013) What's This?

§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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