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This entry was published on 2014-09-22
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SECTION 19-0507
Conduct of hearing
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 19, TITLE 5
§ 19-0507. Conduct of hearing.

1. The respondent to such complaint may file a written answer thereto
at least three days prior to the hearing and may appear at such hearing
in person or by representative, with or without counsel, and may submit
testimony, or may do both.

2. The hearing may be held before the commissioner or a representative
designated by the commissioner.

3. The commissioner or his delegate shall have power to subpoena and
compel the attendance of witnesses and the production for examination of
any book or paper relating to the matter under investigation. The
commissioner or his delegate at the request of any respondent to a
complaint made pursuant to this article shall subpoena and compel the
attendance of such witnesses and shall require the production for
examination of any such book or paper relating to the matter under
investigation as the respondent may reasonably designate.

4. In the case of contumacy or refusal to obey a subpoena, the supreme
court shall have jurisdiction upon the application of the commissioner
or his delegate to issue an order requiring such person to appear and
testify or produce evidence as the case may require. Any failure to obey
such an order may be judged by the court as contempt thereof.

5. The testimony taken at the hearing before the commissioner or his
delegate shall be under oath and recorded, stenographically or
otherwise.