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2135
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MARVIN MANDEL, Governor
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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] A
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 hearing board conducting the
hearing shall give effect to the rules of privilege
recognized by law, and [may] SHALL exclude incompetent,
irrelevant, immaterial, and unduly repetitious evidence.
All records and documents which any party desires to use
shall be offered and made a parr 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 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 specialized knowledge.
Parties shall be notified [beforehand] EITHER BEFORE OR
DURING THE HEARING, OR BY REFERENCE IN PRELIMINARY
REPORTS OR OTHERWISE, of the material so noticed, AND
THEY SHALL BE AFFORDED AN OPPORTUNITY AND REASONABLE TIME
TO CONTEST THE FACTS SO NOTICED. A HEARING BOARD MAY
UTILIZE ITS EXPERIENCE, TECHNICAL COMPETENCE, AND
SPECIALIZED KNOWLEDGE IN THE EVALUATION OF THE EVIDENCE
PRESENTED.
(f) With respect to the subject of any
[investigation or] hearing conducted pursuant to this
subtitle, the chief OR THE OFFICER DESIGNATED BY THE
CHIEF SHALL [may] administer oaths or affirmations and
examine any individual under oath.
(g) Witness fees and mileage, if claimed, shall be
allowed the same as for testimony in a circuit court.
Witness fees, mileage, and the actual expenses
necessarily incurred in securing attendance of witnesses
and their testimony shall be itemized, and shall be paid
by the law-enforcement agency.
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(H) (1) THE CHIEF, OR HEARING BOARD, AS THE CASE
MAY BE, SHALL IN CONNECTION WITH ANY DISCIPLINARY
HEARING, HAVE THE POWER TO ADMINISTER OATHS AND TO ISSUE
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