Home Table of Contents

§ 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
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 May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document