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§ 2-114. Investigations by Commissioner

West's Annotated Code of MarylandFinancial InstitutionsEffective: October 1, 2019

West's Annotated Code of Maryland
Financial Institutions
Title 2. Commissioner and Boards
Subtitle 1. Commissioner of Financial Regulation (Refs & Annos)
Effective: October 1, 2019
MD Code, Financial Institutions, § 2-114
§ 2-114. Investigations by Commissioner
In general
(a) The Commissioner may:
(1) Make public or private investigations as the Commissioner considers necessary to:
(i) Determine whether a person has violated a provision of law, regulation, rule, or order over which the Commissioner has jurisdiction; or
(ii) Aid in the enforcement of a law or in the prescribing of regulations, rules, and orders over which the Commissioner has jurisdiction;
(2) Require or permit a person to file a statement in writing, under oath or otherwise as the Commissioner determines, as to all the facts and circumstances concerning the matter to be investigated; and
(3) Subject to the provisions of Title 4 of the General Provisions Article:
(i) Deny records of an investigation; or
(ii) Publish information concerning a violation of a law, regulation, rule, or order over which the Commissioner has jurisdiction.
Oaths, affirmations, and subpoenas
(b) For the purpose of an investigation or proceeding, the Commissioner or an officer designated by the Commissioner may administer oaths and affirmations, subpoena witnesses, compel witness attendance, take evidence, and require the production of books, papers, correspondence, memoranda, agreements, or other documents or records that the Commissioner considers relevant or material to the inquiry.
Failure or refusal to obey subpoena or orders of the court
(c)(1) In case of contumacy by or refusal to obey a subpoena issued to a person, the circuit court of the county in which the person resides or transacts business, on application by the Commissioner, may issue to the person an order requiring the person to appear before the Commissioner or the officer designated by the Commissioner to produce documentary evidence if so ordered or to give evidence touching the matter under investigation or in question.
(2) Failure to obey the order of the court may be punished by the court as a contempt of court.

Credits

Added by Acts 2000, c. 633, § 1, eff. June 1, 2000. Amended by Acts 2011, c. 127, § 1, eff. April 12, 2011; Acts 2012, c. 66, § 1, eff. April 10, 2012; Acts 2014, c. 104, § 2, eff. Oct. 1, 2014; Acts 2019, c. 87, § 1, eff. Oct. 1, 2019.
MD Code, Financial Institutions, § 2-114, MD FIN INST § 2-114
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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