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§ 9-717. Noncompliance by witness

West's Annotated Code of MarylandLabor and Employment

West's Annotated Code of Maryland
Labor and Employment
Title 9. Workers' Compensation (Refs & Annos)
Subtitle 7. Claims Procedure, Hearings, and Appeals (Refs & Annos)
MD Code, Labor and Employment, § 9-717
§ 9-717. Noncompliance by witness
Currentness
Application to circuit court
(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.
Show cause order
(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.
Show cause hearing
(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.

Credits

Added by Acts 1991, c. 8, § 2, eff. Oct. 1, 1991. Amended by Acts 1992, c. 22, § 1.
Formerly Art. 101, § 8.
MD Code, Labor and Employment, § 9-717, MD LABOR & EMPLY § 9-717
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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