Section 9-213 - Prosecutions.
§ 9-213. Prosecutions.
(a) Secretary may institute judicial proceedings.- When the Secretary finds that any person has violated any of the provisions of this subtitle, he may institute judicial proceedings in the county in which the violation occurred. He may file information with the Attorney General with the view of prosecution.
(b) Private hearing.- No prosecution under this subtitle may be instituted without first affording the defendant an opportunity for a private hearing before the Secretary to introduce evidence either in person or by attorney. A private hearing may consist of a discussion of facts between the person charged and enforcement officers. After the hearing, or if the defendant or his attorney fails or refuses to appear, the Secretary shall proceed as provided, if he believes the evidence warrants prosecution.
(c) Duty of State's Attorney.- The State's Attorney of the county in which the violation occurred or the Attorney General of this State shall institute proceedings at once against the person charged with the violation, if, in his judgment, the information warrants such action.
(d) Secretary to publish information relating to judgment.- After judgment by the court in any case arising under this subtitle, the Secretary shall publish any information pertinent to the issuance of the judgment by the court in the media he designates.
[An. Code 1957, art. 48, §§ 148, 159; 1973, 1st Sp. Sess., ch. 6, § 1; 1983, ch. 8.]