|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Ch. 366
|
|
|
|
|
2136
|
|
|
|
|
|
LAWS OF MARYLAND
|
|
|
|
|
|
|
|
|
|
|
|
|
|
SUBPOENAS SUMMONSES TO COMPEL THE ATTENDANCE AND
TESTIMONY OF WITNESSES, AND THE PRODUCTION OF BOOKS,
PAPERS, RECORDS, AND DOCUMENTS AS MAY BE RELEVANT OR
NECESSARY. THESE SUBPOENAS SUMMONSES MAY BE SERVED IN
ACCORDANCE WITH THE MARYLAND RULES OF PROCEDURE
PERTAINING TO SERVICE OF PROCESS ISSUED BY A COURT,
WITHOUT COST. ANY PARTY MAY REQUEST THE CHIEF OR HEARING
BOARD TO ISSUE A SUBPOENA SUMMONS OR ORDER UNDER THE
PROVISIONS OF THIS SUBTITLE.
(2) IN CASE OF DISOBEDIENCE OR REFUSAL TO
OBEY ANY OF THESE SUBPOENAS SUMMONSES, THE CHIEF, OR
HEARING BOARD, MAY APPLY TO THE BALTIMORE CITY COURT OR
THE CIRCUIT COURT OF ANY COUNTY, AS THE CASE MAY BE,
WHERE THE SUBPOENAED SUMMONSED PARTY RESIDES OR CONDUCTS
BUSINESS, FOR AN ORDER REQUIRING THE ATTENDANCE AND
TESTIMONY OF THE WITNESS AND THE PRODUCTION OF BOOKS,
PAPERS, RECORDS, AND DOCUMENTS, WITHOUT COST. UPON A
FINDING THAT THE ATTENDANCE AND TESTIMONY OF THE WITNESS,
OR THE PRODUCTION OF THE BOOKS, PAPERS, RECORDS, AND
DOCUMENTS SOUGHT IS RELEVANT OR NECESSARY, THE COURT MAY
ISSUE AN ORDER REQUIRING THE ATTENDANCE, TESTIMONY, OR
PRODUCTION OF BOOKS, PAPERS, RECORDS AND DOCUMENTS
WITHOUT COST, AND ANY FAILURE TO OBEY AN ORDER OF THE
COURT MAY BE PUNISHED BY THE COURT AS A CONTEMPT THEREOF.
731.
(A) Any decision, order, or action taken as a
result of the hearing shall be in writing and shall be
accompanied by findings of fact. The findings shall
consist of a concise statement upon each issue in the
case. A FINDING OF NOT GUILTY TERMINATES THE ACTION. IF
A FINDING OF GUILT IS MADE, THE HEARING BOARD SHALL
RECONVENE THE HEARING, RECEIVE EVIDENCE, AND CONSIDER THE
LAW-ENFORCEMENT OFFICER'S PAST JOB PERFORMANCE AND OTHER
RELEVANT INFORMATION AS FACTORS BEFORE MAKING ITS
RECOMMENDATIONS TO THE CHIEF. A copy of the decision or
order and accompanying findings and conclusions, along
with written recommendations for action, shall be
delivered or mailed promptly to the law-enforcement
officer or to his attorney or representative of record
AND TO THE CHIEF. THE PERSON WHO MAY TAKE ANY
DISCIPLINARY ACTION FOLLOWING ANY HEARING IN WHICH THERE
IS A FINDING OF GUILT SHALL CONSIDER THE LAW-ENFORCEMENT
OFFICER'S PAST JOB PERFORMANCE AS A FACTOR BEFORE HE
IMPOSES ANY PENALTY.
(B) AFTER THE DISCIPLINARY REARING AND A FINDING
OF GUILT, THE HEARING BOARD MAY RECOMMEND PUNISHMENT AS
IT DEEMS APPROPRIATE UNDER THE CIRCUMSTANCES, INCLUDING
BUT NOT LIMITED TO DEMOTION, DISMISSAL, TRANSFER, LOSS OF
PAY, REASSIGNMENT, OR OTHER SIMILAR ACTION WHICH WOULD BE
CONSIDERED A PUNITIVE MEASURE.
(C) THE WRITTEN RECOMMENDATIONS AS TO PUNISHMENT
ARE NOT BINDING UPON THE CHIEF. WITHIN 30 DAYS OF
RECEIPT OF THE HEARING BOARD'S RECOMMENDATIONS, THE CHIEF
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
