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Ch. 366
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2130
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LAWS OF MARYLAND
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or
(6) The police department, bureau, or force
of any bicounty agency or the University of Maryland; or
(7) The State Aviation Administration police
force of the Department of Transportation, the Mass
Transit Administration police force of the Department of
Transportation, [and] the MARYLAND [toll facilities] TOLL
FACILITIES police force of the Maryland Transportation
Authority, and the Maryland Port Administration police
force of the Department of Transporation; or
(8) The police officers of the Department of
Natural Resources; or
(9) The [alcoholic beverages enforcement
officers of the] Maryland Alcohol AND TOBACCO Tax
Enforcement Unit[, alcohol and tobacco tax division].
(b—1) "Law—enforcement officer" does not include an
officer serving in a probationary status except when
allegations of brutality in the execution of his duties
are made involving an officer who is in a probationary
status. The provisions of this subtitle do not apply to
persons serving at the pleasure of the police
commissioner of Baltimore City. THE TERM "PROBATIONARY
STATUS" INCLUDES ONLY AN OFFICER WHO IS IN THAT STATUS
UPON INITIAL ENTRY INTO THE DEPARTMENT.
(c) "Hearing [board] BOARDS" [means] MEAN
(1) [a] A board which is authorized by the
chief to hold a hearing on a complaint against a
law-enforcement officer and which consists of not less
than three members, EXCEPT AS PROVIDED IN PARAGRAPH 2 OF
THIS SUBSECTION, all to be appointed by the chief and
selected from law—enforcement officers within that
agency, or law-enforcement officers of another agency
with the approval of the chief of the other agency, and
who have had no part in the investigation or
interrogation of the law—enforcement officer. At least
one member of the hearing board shall be of the same rank
as the law-enforcement officer against whom the complaint
has been filed.
(2) IF A LAW-ENFORCEMENT OFFICER IS OFFERED
SUMMARY PUNISHMENT IMPOSED PURSUANT TO SECTION 734A AND
REFUSES, THE CHIEF MAY CONVENE A ONE-MEMBER OR MORE
HEARING BOARD AND THE HEARING BOARD SHALL HAVE ONLY THE
AUTHORITY TO RECOMMEND THE SANCTIONS AS PROVIDED IN THIS
SUBTITLE FOR SUMMARY PUNISHMENT. IF A SINGLE MEMBER
HEARING BOARD IS CONVENED, THAT MEMBER NEED NOT BE OF THE
SAME RANK. HOWEVER, ALL OTHER PROVISIONS OF THIS
SUBTITLE SHALL APPLY.
(d) "Hearing" means any meeting in the course of
an investigatory proceeding, other than an interrogation,
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