§ 3-107. Hearing by hearing board
West's Annotated Code of MarylandPublic SafetyEffective: July 1, 2019
Effective: July 1, 2019
MD Code, Public Safety, § 3-107
Formerly cited as MD CODE Art. 27, § 727; MD CODE Art. 27, § 728; MD CODE Art. 27, § 730
§ 3-107. Hearing by hearing board
(a)(1) Except as provided in paragraph (2) of this subsection and § 3-111 of this subtitle, if the investigation or interrogation of a law enforcement officer results in a recommendation of demotion, dismissal, transfer, loss of pay, reassignment, or similar action that is considered punitive, the law enforcement officer is entitled to a hearing on the issues by a hearing board before the law enforcement agency takes that action.
(b)(1) The law enforcement agency shall give notice to the law enforcement officer of the right to a hearing by a hearing board under this section.
(c)(1) Except as provided in paragraph (5) of this subsection and in § 3-111 of this subtitle, the hearing board authorized under this section shall consist of at least three voting members who:
(3)(i) Subject to subparagraphs (ii) and (iii) of this paragraph, a chief may appoint, as a nonvoting member of the hearing board, one member of the public who has received training administered by the Maryland Police Training and Standards Commission on the Law Enforcement Officers' Bill of Rights and matters relating to police procedures.
(ii) If authorized by local law, a hearing board formed under paragraph (1) of this subsection may include up to two voting or nonvoting members of the public who have received training administered by the Maryland Police Training and Standards Commission on the Law Enforcement Officers' Bill of Rights and matters relating to police procedures.
(iii) At the Johns Hopkins University, if authorized by local law, a hearing board formed under paragraph (1) of this subsection shall include two voting members of the public who have received training administered by the Maryland Police Training and Standards Commission on the Law Enforcement Officers' Bill of Rights and matters relating to police procedures.
(iii) If the chief of a law enforcement agency of a county or municipal corporation is under investigation, the official authorized to appoint the chief's successor shall appoint the chief of another law enforcement agency to function as the law enforcement officer of the same rank on the hearing board.
2. A hearing board formed under this paragraph may include up to two voting or nonvoting members of the public, appointed by the chief, who have received training administered by the Maryland Police Training and Standards Commission on the Law Enforcement Officers' Bill of Rights and matters relating to police procedures.
(d)(1) In connection with a disciplinary hearing, the chief or hearing board may issue subpoenas to compel the attendance and testimony of witnesses and the production of books, papers, records, and documents as relevant or necessary.
(4) In case of disobedience or refusal to obey a subpoena served under this subsection, the chief or hearing board may apply without cost to the circuit court of a county where the subpoenaed party resides or conducts business, for an order to compel the attendance and testimony of the witness or the production of the books, papers, records, and documents.
(e)(1) The hearing shall be:
(f)(1) Evidence with probative value that is commonly accepted by reasonable and prudent individuals in the conduct of their affairs is admissible and shall be given probative effect.
(g)(1) The hearing board may take notice of:
(h)(1) With respect to the subject of a hearing conducted under this subtitle, the chief shall administer oaths or affirmations and examine individuals under oath.
(i)(1) Witness fees and mileage, if claimed, shall be allowed the same as for testimony in a circuit court.
Credits
Added by Acts 2003, c. 5, § 2, eff. Oct. 1, 2003. Amended by Acts 2006, c. 251, § 1, eff. Oct. 1, 2006; Acts 2016, c. 519, § 1, eff. Oct. 1, 2016; Acts 2019, c. 25, § 2, eff. July 1, 2019.
MD Code, Public Safety, § 3-107, MD PUBLIC SAFETY § 3-107
Current through all legislation from the 2020 Regular Session of the General Assembly.
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