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2137
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MARVIN MANDEL, Governor
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SHALL REVIEW THE FINDINGS, CONCLUSIONS, AND
RECOMMENDATIONS OF THE HEARING BOARD AND THEN HE SHALL
ISSUE HIS FINAL ORDER. THE CHIEF'S FINAL ORDER AND
DECISION IS BINDING AND MAY BE APPEALED IN ACCORDANCE
WITH THIS 'SUBTITLE. BEFORE THE CHIEF MAY INCREASE THE
RECOMMENDED PENALTY OF THE HEARING BOARD, HE PERSONALLY
SHALL REVIEW THE ENTIRE RECORD Of THE HEARING BOARD
PROCEEDINGS, AND SHALL PERMIT THE LAW-ENFORCEMENT OFFICER
TO BE HEARD AND SHALL STATE THE REASON FOR INCREASING THE
RECOMMENDED PENALTY.
(D) NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS
SUBTITLE, IF A CHIEF IS AN EYEWITNESS TO THE INCIDENT
UNDER INVESTIGATION, THE DECISION OF THE HEARING BOARD,
BOTH AS TO FINDINGS OF FACT AND PUNISHMENT, IF ANY, IS
FINAL. THE DECISION THEN MAY BE APPEALED IN ACCORDANCE
WITH § 732 OF THIS SUBTITLE.
732.
Appeal from decisions rendered in accordance with §
[§730 and] 731 shall be taken TO THE CIRCUIT COURT OF THE
COUNTIES OR THE BALTIMORE CITY COURT pursuant to Maryland
Rule B2. ANY PARTY AGGRIEVED BY A DECISION OF A COURT
UNDER THIS SUBTITLE MAY APPEAL TO THE COURT OF SPECIAL
APPEALS.
733.
[No] A law-enforcement officer [shall] MAY NOT be
discharged, disciplined, demoted, or denied promotion,
transfer, or reassignment, or otherwise discriminated
against in regard to his employment or be threatened with
any such treatment, by reason of his exercise of or
demand for the rights granted in this subtitle, or by
reason of the lawful exercise of his constitutional
rights.
734.
Any law—enforcement officer who is denied any right
afforded by this subtitle may apply AT ANY TIME PRIOR TO
THE COMMENCEMENT OF THE HEARING BEFORE THE HEARING BOARD,
either individually or through his certified or
recognized employee organization, to the [District]
CIRCUIT Court of the [district] CIRCUIT OR THE BALTIMORE
CITY COURT where he [resides or] is regularly employed
for any order directing the law-enforcement agency to
show cause why the right should not be afforded.
734B.
THE PROVISIONS OF THIS SUBTITLE SHALL SUPERCEDE ANY
STATE, COUNTY OR MUNICIPAL LAW, ORDINANCE, OR REGULATION
THAT CONFLICTS WITH THE PROVISIONS OF THIS SUBTITLE, AND
ANY LOCAL LEGISLATION SHALL BE PREEMPTED BY THE SUBJECT
AND MATERIAL OF THIS SUBTITLE.
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