Section 3-408 - Powers to ascertain wages and obtain evidence.
§ 3-408. Powers to ascertain wages and obtain evidence.
(a) Power to ascertain wages.- The Commissioner may ascertain what wage is paid in any occupation in the State.
(b) Evidence.-
(1) In an investigation under this subtitle, the Commissioner shall try to negotiate with an employer to obtain the testimony or documentary evidence that is needed to determine whether a violation exists.
(2) If the Commissioner is unable to obtain evidence by negotiation, the Commissioner may issue a subpoena for the attendance of a witness to testify or the production of documentary evidence that relates to the subject matter of the complaint.
(3) Each application for a subpoena under this subsection shall:
(i) be under oath; and
(ii) describe in detail:
1. the nature, purpose, and scope of the investigation;
2. each witness to be subpoenaed; and
3. each record to be inspected.
(4) A subpoena may not be issued unless the application is approved by the Attorney General as to form and substance.
(5) If a person fails to comply with a subpoena issued under this subsection, on a complaint filed by the Commissioner, a circuit court may compel compliance with the subpoena.
[An. Code 1957, art. 100, § 84; 1991, ch. 8, § 2.]