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Session Laws, 1975
Volume 716, Page 3437   View pdf image
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MARVIN MANDEL, Governor

3437

PAY OR A FINE OF $150.

(F) "CHIEF" MEANS THE SUPERINTENDENT,

COMMISSIONER, CHIEF OF POLICE, OR SHERIFF OF A

LAW-ENFORCEMENT AGENCY, OR THE OFFICER    DESIGNATED BY THE
OFFICIAL.

730.

(a)     If the investigation or interrogation of a
law-enforcement officer results in the recommendation of
some action, such as demotion, dismissal, transfer, loss
of pay, reassignment, or similar action which would be
considered a punitive measure, then, EXCEPT IN THE CASE
OF SUMMARY PUNISHMENT OR EMERGENCY SUSPENSION AS ALLOWED
BY SECTION 735 OF THIS SUBTITLE AND before taking such
action, the law—enforcement agency shall give notice to
the law-enforcement officer that he is entitled to a
hearing on the issues by [an investigating committee] A
HEARING BOARD. The notice shall state the time and place
of the hearing and the issues involved. An official
record, including testimony and exhibits, shall be kept
of the hearing.

(b)      The hearing shall be conducted by the
[investigating committee] HEARING BOARD of the
law—enforcement agency by which the law—enforcement
officer is employed. Both the law—enforcement agency and
the law—enforcement officer shall be given ample
opportunity to present evidence and argument with respect
to the issues involved. Both may be represented by
counsel.

(c)     Evidence which possesses probative value
commonly accepted by reasonable and prudent men in the
conduct of their affairs shall be admissible and shall be
given probative effect. The [investigating committee]
HEARING BOARD conducting the hearing shall give effect to
the rules of privilege recognized by law, and may exclude
incompetent, irrelevant, immaterial and unduly
repetitious evidence. All records and documents which
any party desires to use shall be offered and made a part
of the record. Documentary evidence may be received in
the form of copies or excerpts, or by incorporation by
reference.

(d)    Every party has the right of cross—examination
of the witnesses who testify, and may submit rebuttal
evidence.

(e)    The [investigating committee] HEARING BOARD
conducting the hearing may take notice of judicially
cognizable facts and, in addition, may take notice of
general, technical or scientific facts within its

 

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Session Laws, 1975
Volume 716, Page 3437   View pdf image
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