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§ 5-312. Referrals for criminal prosecution

West's Annotated Code of MarylandState Personnel and Pensions

West's Annotated Code of Maryland
State Personnel and Pensions (Refs & Annos)
Division I. State Personnel [Titles 1-19]
Title 5. Employee Rights and Protections
Subtitle 3. Maryland Whistleblower Law in the Executive Branch of State Government (Refs & Annos)
MD Code, State Personnel and Pensions, § 5-312
§ 5-312. Referrals for criminal prosecution
Currentness
If, during an investigation under § 5-309(c) of this subtitle, the Secretary or Governor's designee finds that reasonable grounds exist to believe that a crime has been committed, the Secretary or Governor's designee shall:
(1) promptly refer the matter to an appropriate prosecutor;
(2) make all pertinent evidence available to the prosecutor; and
(3) send to the individual believed to have committed the crime a notice that:
(i) contains a statement of the allegation;
(ii) notifies the individual that the matter has been referred to a prosecutor;
(iii) advises the individual of the individual's right to obtain counsel; and
(iv) advises the individual of the individual's right to refuse to respond to the allegation if a response might be incriminating.

Credits

Added by Acts 1993, c. 10, § 2, eff. Oct. 1, 1993. Renumbered from State Personnel and Pensions § 3-309 and amended by Acts 1996, c. 347, § 1, eff. Oct. 1, 1996.
Formerly Art. 64A, § 12H.
MD Code, State Personnel and Pensions, § 5-312, MD ST PERS & PENS § 5-312
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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