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Session Laws, 1985
Volume 760, Page 4151   View pdf image
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HARRY HUGHES, Governor

4151

(3) BY ANY OFFICER, DIRECTOR, OR EMPLOYEE OF THE
FORMER MARYLAND SAVINGS-SHARE INSURANCE CORPORATION.

(C)  NOTHING HEREIN CONTAINED SHALL BE CONSTRUED TO RESTRICT
THE CRIMINAL INVESTIGATION CURRENTLY BEING CONDUCTED BY THE
OFFICE OF THE ATTORNEY GENERAL, AS AUTHORIZED BY THE GOVERNOR, ON
THE EFFECTIVE DATE OF THIS SUBTITLE. THE ATTORNEY GENERAL SHALL
PROVIDE THE SPECIAL COUNSEL WITH ALL OF THE INFORMATION RELATED
TO THE INVESTIGATION THAT IS REQUESTED BY THE SPECIAL COUNSEL,
UNLESS SUCH DISCLOSURE IS PRECLUDED BY LAW.

(D)  (1) (I) THE SPECIAL COUNSEL MAY ISSUE A SUBPOENA TO A
PERSON TO REQUIRE THE APPEARANCE OF THE PERSON OR THE PRODUCTION
OF TELEPHONE, BUSINESS, GOVERNMENTAL, OR CORPORATE RECORDS OR
DOCUMENTS.

(II) THE SPECIAL COUNSEL MAY ADMINISTER OATHS
AND AFFIRMATIONS.

(2) (I) A SUBPOENA ISSUED UNDER THIS SUBSECTION MAY
BE SERVED IN THE SAME MANNER AS IF ISSUED FROM A CIRCUIT COURT.

(II)  IF ANY PERSON FAILS TO OBEY A SUBPOENA
LAWFULLY SERVED UNDER THIS SUBSECTION, THE SPECIAL COUNSEL
IMMEDIATELY MAY REPORT THE DISOBEDIENCE AND PROVIDE A COPY OF
THE SUBPOENA AND PROOF OF SERVICE TO A CIRCUIT COURT.

(III)  THE CIRCUIT COURT SHALL CONDUCT A HEARING
AND MAY GRANT APPROPRIATE RELIEF AFTER PROVIDING THE PERSON WHO
ALLEGEDLY FAILED TO COMPLY WITH A SUBPOENA AN OPPORTUNITY TO BE
HEARD AND BE REPRESENTED BY COUNSEL.

(3)  (I) A PERSON HAS THE RIGHT TO HAVE COUNSEL
PRESENT DURING ANY CONTACT UNDER THIS SUBSECTION WITH THE SPECIAL
COUNSEL OR HIS AGENTS.

(II) THE SPECIAL COUNSEL SHALL ADVISE A PERSON
OF THE RIGHT TO COUNSEL WHEN THE SUBPOENA IS SERVED.

(4)  THIS SUBSECTION IS NOT INTENDED TO ALLOW THE
CONTRAVENTION, DENIAL, OR ABROGATION OF ANY PRIVILEGE OR RIGHT
RECOGNIZED BY LAW.

(E)  IF THE SPECIAL COUNSEL FINDS THAT AN ALLEGED VIOLATION
OF THE CRIMINAL LAW SET FORTH IN, WITHIN THE SCOPE OF SUBSECTION
(B) OF THIS SECTION, HAS OCCURRED, THE SPECIAL COUNSEL SHALL MAKE
A CONFIDENTIAL REPORT OF HIS FINDINGS, TOGETHER WITH ANY
RECOMMENDATIONS FOR PROSECUTION, TO THE GOVERNOR FOR REFERRAL TO
THE APPROPRIATE PROSECUTOR.

(F)  IF THE SPECIAL COUNSEL FINDS THAT CIVIL OTHER ACTION
MAY BE WARRANTED, THE SPECIAL COUNSEL SHALL MAKE A CONFIDENTIAL
REPORT OF HIS FINDINGS TO THE GOVERNOR, TOGETHER WITH

RECOMMENDATIONS, FOR INSTITUTING SUCH CIVIL ACTION TO THE

GOVERNOR FOR APPROPRIATE REFERRAL FOR APPROPRIATE ACTION.

 

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Session Laws, 1985
Volume 760, Page 4151   View pdf image
 Jump to  
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