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§ 8.3-404. Enforcement of title

West's Annotated Code of MarylandLabor and EmploymentEffective: January 1, 2023

West's Annotated Code of Maryland
Labor and Employment
Title 8.3. Family and Medical Leave Insurance Program (Refs & Annos)
Subtitle 4. Administration (Refs & Annos)
Effective: January 1, 2023
MD Code, Labor and Employment, § 8.3-404
§ 8.3-404. Enforcement of title
Powers of Secretary
(a) Subject to § 8.3-905 of this title, to enforce this title, the Secretary may:
(1) conduct an investigation under this title, on the Secretary's own initiative or on receipt of a written complaint;
(2) administer an oath;
(3) certify to an official act;
(4) take a deposition;
(5) issue a subpoena for the attendance of a witness to testify or the production of books, correspondence, memoranda, papers, or other records; and
(6) bring a civil action in the county where the violation allegedly occurred.
(b)(1) A subpoena issued under subsection (a)(5) of this section shall be served in any manner in which a subpoena of a court may be served.
(2) If a person fails to comply with a subpoena issued under subsection (a)(5) of this section on a complaint filed by the Secretary, the circuit court for the county where the investigation is being conducted or where the person resides, is present, or transacts business may issue an order directing compliance with the subpoena or compelling testimony.
(3)(i) Subject to subparagraph (ii) of this paragraph, a person may not be excused from complying with a subpoena issued under subsection (a)(5) of this section on the ground that the evidence or testimony required may tend to incriminate the person or subject the person to a forfeiture or penalty.
(ii) 1. Except as provided in subsubparagraph 2 of this subparagraph, after claiming the privilege against self-incrimination, a person may not be prosecuted or subjected to any forfeiture or penalty because of any matter, thing, or transaction about which the person is compelled to produce evidence or testify.
2. If the person commits perjury while giving testimony, the person is subject to prosecution for that offense.


Added by Acts 2022, c. 48, § 1, eff. Jan. 1, 2023.
MD Code, Labor and Employment, § 8.3-404, MD LABOR & EMPLY § 8.3-404
Current with legislation effective through July 1, 2023, from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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