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Board counsel clarifies subpoena power: board cannot initiate but may grant requested subpoenas
Summary
Board counsel told members the Board of Appeals lacks authority to initiate subpoenas on its own but can grant subpoenas requested by a party; proposed rules add contempt language for unjustified failure to comply and will be reviewed further in the consolidated draft.
During review of proposed subpoena language, board members pressed for clarity on whether the Board can issue subpoenas on its own initiative. Board counsel, identified in the meeting as Mr. Sanders, said Howard County code does not vest the board with unilateral subpoena‑issuing authority; the board can, however, grant a subpoena when a party requests one.
"Currently, the board doesn't have the power to issue subpoenas... the board doesn't have the power to just initiate subpoenas on its own without a party requesting the issuance of subpoena," Mr. Sanders said, explaining the distinction. Members asked how the rules would treat rescheduling or emergency excuses; counsel and staff pointed out that the proposed compliance section includes language allowing the board to find contempt if someone unjustifiably fails to comply, but that justifications (illness, emergency) would be evaluated in the context of the rule and could warrant excusal.
Members agreed to carry the subpoena language into the redline and asked staff to ensure the consolidated draft includes the compliance/justification language in a visible section for counsel review.
