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§ 13-406. Hearings before Commissioner

West's Annotated Code of MarylandReal Property

West's Annotated Code of Maryland
Real Property (Refs & Annos)
Title 13. Land Patents (Refs & Annos)
Subtitle 4. Objections, Hearings, and Determination (Refs & Annos)
MD Code, Real Property, § 13-406
§ 13-406. Hearings before Commissioner
Currentness
In general
(a) If, under § 13-405 of this subtitle, the proceeding is set for a hearing before the Commissioner, the Commissioner shall hold the hearing in accordance with the Administrative Procedure Act1 as soon as practicable within 30 days of the order of the Commissioner under § 13-405(c) of this subtitle.
Objections
(b) Objections filed in the proceeding may be consolidated at any time for hearing or heard separately, as the Commissioner determines.
Subpoenas and orders for attendance
(c)(1) The Commissioner may issue subpoenas and orders for the attendance and testimony of witnesses and the production of papers, books, and documents at any hearing authorized by this section.
(2) A subpoena or order issued under this subsection shall be directed and served, in the same manner and with the same effect as any other civil process, under the Maryland Rules and applicable statutes. The subpoena or order shall be returnable to the Commissioner.
(3) If a person fails to comply with any subpoena or order issued under this subsection, the Commissioner may invoke the aid of the circuit court of the county in which declaratory relief might have been sought under § 13-407 of this subtitle. The circuit court may order that person to obey the subpoena or order and may charge the costs of the proceedings before it to that person.
Nature of proceedings
(d) If a hearing is held under this section, the proceeding before the Commissioner for the issuance of a patent and all papers, dockets, orders, and decisions resulting from the proceeding:
(1) Have the same force and effect as the proceedings of a court of record; and
(2) Shall be proved in the same manner as proceedings in a court of record.
Final judgment
(e) Within 30 days of the conclusion of a hearing held under this section, the Commissioner shall render a final judgment under § 13-408 of this subtitle.

Credits

Added by Acts 1976, c. 915, § 3, eff. July 1, 1976. Amended by Acts 1984, c. 286, § 5; Acts 1998, c. 21, § 1, eff. April 14, 1998.
Formerly Art. 21, § 13-112.

Footnotes

1
State Government § 10-101 et seq.
MD Code, Real Property, § 13-406, MD REAL PROP § 13-406
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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