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Chapter 05. Subpoenas

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Regulation .01 Subpoena Power.Copy Citation

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A.
The Board of Trustees may issue a subpoena as the Board of Trustees considers necessary to:
(1)
Properly administer and enforce State Personnel and Pensions Article, Division II, Annotated Code of Maryland, and COMAR Title 22; and
(2)
Compel any person served with the subpoena to:
(a)
Attend and testify as a witness at a hearing before the Board of Trustees;
(b)
Produce documents and tangible items; or
(c)
Both attend and testify as a witness at a hearing before the Board of Trustees and produce documents and tangible items.
B.
Except as provided in Regulation .02B(2) of this chapter, the Board of Trustees exercises its subpoena power by and through the Executive Director of the Retirement Agency as the Board of Trustees’ delegee.

Regulation .02 Issuance of Subpoena.Copy Citation

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A.
Subpoenas Issued by the Executive Director.
(1)
Except as provided in §B of this regulation, and in accordance with Regulation .01A of this chapter, the Executive Director may issue a subpoena on behalf of the Board of Trustees, without prior review and approval by the Board of Trustees.
(2)
The Office of the Attorney General shall review and approve the subpoena for legal sufficiency before the Executive Director may sign and issue the subpoena.
(3)
The Executive Director shall notify the Board of Trustees of the issuance of a subpoena pursuant to this section.
B.
Subpoenas for Evidentiary Hearings Issued by the Board of Trustees Under COMAR 22.03.04.08.
(1)
On request of a party to an evidentiary hearing before the Board of Trustees under COMAR 22.03.04.08, or upon its own motion, the Board of Trustees may issue a subpoena requiring the attendance and testimony of witnesses and the production at the hearing of one or more tangible items in the possession or under the control of a witness.
(2)
A subpoena may be issued to a party under this section at the sole discretion of the Board of Trustees, and shall be signed by the Board Chair.
(3)
A party requesting a subpoena shall make the request in writing, filed with the Board Secretary, and served on all other parties.
(4)
Except in the case of exigent circumstances adequately documented for the Board of Trustees, a party requesting a subpoena shall file the request at least 30 days before the date of an administrative hearing in order to allow the Board of Trustees to consider the request at its next regularly scheduled meeting.

Regulation .03 Subpoena Contents.Copy Citation

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A.
A subpoena shall:
(1)
Identify by descriptive title the investigation, administrative or enforcement matter, or contested case for which it is issued;
(2)
Identify the name and full address of the intended recipient of the subpoena;
(3)
Identify the name, full address, and telephone number of the requestor of the subpoena;
(4)
If the subpoena requires attendance at an evidentiary hearing before the Board of Trustees, specify the date, time, and place of the hearing;
(5)
If the subpoena requires production of documents or tangible items:
(a)
Describe with reasonable specificity the documents and tangible items to be produced; and
(b)
Specify the date, time, and place for the required production;
(6)
State the issuance date of the subpoena; and
(7)
Contain the signature of:
(a)
The Executive Director of the Retirement Agency, for subpoenas issued under Regulation .02A of this chapter; or
(b)
The Board Chair, for subpoenas issued under Regulation .02B of this chapter.
B.
If the subpoena compels the production of financial information, or information derived from financial records, the subpoena shall certify that the requestor has taken all necessary steps to comply with the requirements of Financial Institutions Article, §1-304, Annotated Code of Maryland.
C.
If the subpoena compels the production of medical records, the subpoena shall certify that the requestor has taken all necessary steps to comply with the requirements of Health-General Article, §4-306, Annotated Code of Maryland.

Regulation .04 Service of Subpoena.Copy Citation

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A.
A signed and issued subpoena may be served within the State of Maryland by any method authorized by Maryland Rule 2-510(d).
B.
A signed and issued subpoena may be served outside the State of Maryland by any method authorized by the law of the jurisdiction where the subpoena is served.
C.
The party serving the subpoena shall retain proof of service of the subpoena.

Regulation .05 Modification, Quashing, or Enforcement of Subpoena.Copy Citation

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A.
A person properly served with a subpoena under this regulation may request modification or quashing of the subpoena or other relief by petition to the appropriate circuit court.
B.
If a person properly served with a subpoena under this regulation does not appear or produce documents or tangible items as the subpoena requires, the requestor of the subpoena may apply to the appropriate circuit court for enforcement of the subpoena.
Chapter annotations
Authority: State Personnel and Pensions Article, §§21-111, Annotated Code of Maryland
History: Effective date: December 13, 2021 (48:25 Md. R. 1080)