Code of Maryland Regulations
Title 02 - OFFICE OF THE ATTORNEY GENERAL
Subtitle 02 - DIVISION OF SECURITIES
Chapter 02.02.06 - Procedures for Administrative Hearings
Section 02.02.06.13 - Subpoenas

Universal Citation: MD Code Reg 02.02.06.13

Current through Register Vol. 52, No. 6, March 21, 2025

A. Issuance of Subpoenas. Upon the request of any party, the Commissioner may issue subpoenas requiring the attendance and testimony of witnesses and the production of documents and tangible items in the possession or under the control of the witness.

B. Applications for Subpoenas. An application for issuance of a subpoena shall be made in writing to the Commissioner and shall state:

(1) The name and address of the person to be subpoenaed;

(2) If production of documents or tangible items is sought, a particular description of the documents or tangible items sought; and

(3) The name, address, and telephone number of the party requesting the subpoena.

C. Service of Subpoenas. A subpoena may be served by personal service or by registered or certified mail. The party requesting the subpoena shall be responsible for, and bear the cost of, service.

D. Return of Service. A party shall promptly file a return of service with the Commissioner including an affidavit by the person making service and, if the subpoena was served by mail, the return receipt.

E. Objections to Subpoenas. A person who has been served with a subpoena may object to the subpoena by filing a motion to quash with the Commissioner within 10 days of service of the subpoena or by the date of the hearing, whichever is earlier.

F. Enforcement of Subpoenas.

(1) If a person under subpoena fails to appear as required by the subpoena, or fails to produce the documents or tangible items set forth in the subpoena, a party may apply to the Commissioner for enforcement of the subpoena.

(2) An application to the Commissioner for enforcement of a subpoena shall be made immediately upon the failure to comply with the subpoena or within such other time period as the Commissioner may set.

(3) Upon a timely request by a party for enforcement of a subpoena, the Commissioner may apply to the circuit court in the county in which the person under subpoena resides to enforce the subpoena.

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