In this subtitle the following words have the meanings indicated. “Hearing” means a meeting that an investigating committee holds, during an investigatory proceeding, to take testimony or to receive other evidence. “Hearing” does not include a preliminary conference or interview at which testimony is not taken under oath. “Investigating committee” means any of the following bodies that may obtain, for the use of the General Assembly, information on a specific subject by compelling the attendance and testimony of witnesses or the production of books, documents, papers, and records: a standing committee or a subcommittee of a standing committee; a joint committee of the Senate and the House or a subcommittee of a joint committee; or the Legislative Policy Committee or any of its committees or subcommittees.

This subtitle establishes a code of fair procedures for the operation of an investigating committee so that it may hold hearings and otherwise properly carry out its powers and duties fairly, impartially, and consistently with: the constitutional rights of a person who is involved in a proceeding of the investigating committee; and the public good. This subtitle does not limit the acquisition of information or evidence by an investigating committee through a lawful means other than as provided in this subtitle. This subtitle does not limit the authority of a committee of the General Assembly or any subcommittee of a committee of the General Assembly to exercise the power to administer oaths and subpoena witnesses and records as otherwise authorized by law.

An investigating committee may be established only by a resolution of the Senate or the House. The resolution shall state the investigating committee’s: purpose; powers; duties; duration; subject matter; scope of investigatory authority; and size.

An investigating committee shall have at least 5 members.

An investigating committee shall have the chair and vice chair who: are appointed by the resolution that establishes the investigating committee; or if the resolution does not appoint these officers, are elected by affirmative vote of a majority of all of the members of the investigating committee. The rules of an investigating committee shall provide for the selection of a presiding officer to act if the chair and vice chair are absent or unable to act. At a hearing of an investigating committee, the presiding officer shall be: the chair of the investigating committee; if the chair is absent or otherwise unable to preside, the vice chair; or if the chair and vice chair are absent or otherwise unable to preside, the individual who is selected under the rules of the investigating committee. At a hearing, the presiding officer: shall examine the witnesses or supervise the examination by any other member of the investigating committee or by staff who are authorized to examine witnesses; and may direct a witness to answer a relevant question or to provide a relevant book, document, or paper.

A majority of the full authorized membership of an investigating committee is a quorum. Unless there is a quorum, an investigating committee may not act at any meeting or hold a hearing. Unless a greater vote expressly is required in this subtitle, an investigating committee may act by a majority vote of its members who are present at a meeting and vote. Subject to the requirements of law and any rule of the General Assembly, an investigating committee may employ necessary staff for which funds are available.

An investigating committee may exercise its powers: when the General Assembly is in session; and when the General Assembly is not in session, if the investigating committee is authorized to do so: by law; by the resolution that establishes the investigating committee; or by the law or resolution from which the investigating committee derives its investigatory powers. An investigating committee shall adopt rules that govern its procedures, including the conduct of hearings. The rules may not be inconsistent with law or any applicable rules of the General Assembly.

By a majority vote of all of the members of an investigating committee, the investigating committee may issue a subpoena that requires the appearance of a person, the production of relevant records, and the giving of relevant testimony. A request to appear, appearance, or submission of evidence does not limit the subpoena power of the investigating committee. The subpoena shall be served: in the manner provided by law for service of a subpoena in a civil action; at least 7 days before the time that the subpoena sets for appearance or production of records; and with the following documents: a copy of the resolution that establishes the investigating committee; a copy of the rules of the investigating committee; a statement of the subject of the investigation or inquiry of the investigating committee; and if the subpoena requires the appearance of a person, notice that counsel may accompany the person. A person who is subpoenaed to appear at a hearing is entitled to receive the fees and allowances that are provided for a person who is subpoenaed by a circuit court. A person may be held in contempt if the person unjustifiably: fails or refuses to comply with a subpoena for appearance; appears but fails or refuses to testify under oath; or unless the directive is overruled by a majority vote of the members of the investigating committee who are present at the hearing, disobeys a directive of the presiding officer at the hearing to answer a relevant question or to produce a relevant book, document, or paper that has been subpoenaed. If an investigating committee fails, in any material respect, to meet the requirements of this subtitle and the person who is subpoenaed is prejudiced by the failure: the person need not comply; and the failure is a complete defense in a proceeding against the person for contempt or other punishment. By a majority vote of all of the members of an investigating committee, the investigating committee may apply for a contempt citation: when the General Assembly is not in session, to a circuit court; and when the General Assembly is in session: to the General Assembly; to the Senate, if the Senate established the investigating committee; or to the House, if the House established the investigating committee. The General Assembly, the Senate, or the House: may consider the application as though the alleged contempt had been committed in or against that body; and in addition to any penalty that a court imposes, may impose any other punishment that the body has the inherent power to impose.

An investigating committee may hold any hearing that the investigating committee considers appropriate, at the times and places that it determines. The rules of an investigating committee shall provide for written notice of a hearing to be given to the members: at least 3 days before the hearing, if it is held when the General Assembly is in session; and at least 7 days before the hearing, if it is held when the General Assembly is not in session. Notice of a hearing shall include a statement of the subject matter. A hearing and action that is taken at a hearing are not invalid only because notice is not given as provided in this subsection. A hearing shall be public unless, by a majority vote of all of the members of the investigating committee, the investigating committee determines otherwise. With the consent of a majority of the members of an investigating committee who are present at a hearing, a witness or counsel for the witness may submit to the investigating committee a sworn statement that is relevant to the purpose, subject, and scope of the investigation or inquiry. If an investigating committee believes that a person may be affected adversely because the person is named or otherwise identified at a hearing, the person may: on request of the person or a member of the investigating committee, testify in the person’s behalf; or with the consent of the investigating committee, submit a sworn statement or other documentary evidence. With the consent of a majority of the members of the investigating committee, any other person may testify or submit a sworn statement or other documentary evidence. At a hearing, a person shall testify under oath unless, by a majority vote of the members who are present at the hearing, the investigating committee waives the requirement for the person. Any member of the investigating committee may administer an oath. Counsel may accompany a witness at a hearing and advise the witness of the rights of the witness. An investigating committee may set limits to prevent obstruction of or interference with the orderly conduct of the hearing. A witness at a hearing or counsel for the witness may submit to the investigating committee a proposed question, for the witness or any other witness. The investigating committee shall ask the question if the investigating committee considers the question appropriate to the subject matter of the hearing. An investigating committee shall have a record made of each hearing. The record shall include: each ruling of the presiding officer; each question of the investigating committee and its staff; the testimony and responses of each witness; each sworn statement or other documentary evidence that the investigating committee permits a person to submit; and any other matter that the investigating committee or its chair directs. The investigating committee shall provide to a witness a certified transcript of the witness’ testimony, if the witness asks in advance and pays for the transcript. This subsection does not: prevent the disclosure of evidence by the person who gives evidence, if only that person could claim a privilege against disclosure; or limit any power of the General Assembly, the Senate, or the House to discipline a member or employee or to impose a penalty if a State’s Attorney or court does not act under this subsection. If a hearing of an investigating committee is closed to the public, testimony and other evidence that is given at the hearing may not be made public unless, by a majority vote of all of the members of the investigating committee, the investigating committee permits disclosure and specifies the form and manner of disclosure. On application of a person who claims to have been injured or prejudiced by an unauthorized disclosure or on motion of a State’s Attorney, the State’s Attorney may begin proceedings for imposition of penalties under this subsection. A person who violates any provision of this subsection is subject to a fine not exceeding $1,000 or imprisonment not exceeding 30 days or both.