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§ 9-205. Enforcement of title, investigations by Board

West's Annotated Code of MarylandBusiness Occupations and Professions

West's Annotated Code of Maryland
Business Occupations and Professions
Title 9. Landscape Architects (Refs & Annos)
Subtitle 2. State Board of Examiners of Landscape Architects (Refs & Annos)
MD Code, Business Occupations & Professions, § 9-205
§ 9-205. Enforcement of title, investigations by Board
Power of Board to conduct investigations, examine witnesses, and receive evidence
(a) To enforce this title, the Board may:
(1) conduct investigations and hold hearings on any matter covered by this title, at any time and place in the State;
(2) administer oaths;
(3) examine witnesses; and
(4) receive evidence.
Investigative staff
(b) Subject to the State budget, the Board may employ an investigative staff to:
(1) investigate a complaint; and
(2) perform any other related duty, as assigned by the Board.
Subpoenas
(c)(1) The Board may issue a subpoena for the attendance of a witness to testify or the production of evidence in connection with:
(i) any disciplinary action under § 9-310 of this title; or
(ii) any proceeding brought for an alleged violation of this title.
(2) A subpoena shall be signed by the Chairman of the Board and sealed with the seal of the Board.
(3) If a person fails to comply with a subpoena issued under this subsection, on petition of the Board, a circuit court may compel compliance with the subpoena.
Ability of Board to sue
(d)(1) The Board may sue in the name of the State to enforce any provision of this title by injunction.
(2) In seeking an injunction under this subsection, the Board is not required to:
(i) post bond; or
(ii) allege or prove either that:
1. an adequate remedy at law does not exist; or
2. substantial or irreparable damage would result from the continued violation of the provision.
(3) A member of the Board may not be held personally liable for any action taken under this subsection in good faith and with reasonable grounds.

Credits

Added by Acts 1989, c. 3, § 1, eff. Oct. 1, 1989. Amended by Acts 1992, c. 525.
Formerly Art. 56, § 278.
MD Code, Business Occupations & Professions, § 9-205, MD BUS OCCUP & PROF § 9-205
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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