2584

LAWS OF MARYLAND

Ch. 679

(3)  NOTICE TO THE OFFICER SHALL BE IN ACCORDANCE
WITH THE ADMINISTRATIVE PROCEDURE ACT AND SHALL INCLUDE:

(I)  THE TIME AND PLACE OF THE HEARING; AND

(II)  THE GROUNDS FOR REVOCATION OR
SUSPENSION OF THE CERTIFICATE.

(4)  ANY POLICE OFFICER AGGRIEVED BY THE FINDINGS
AND ORDER OF THE COMMISSION MAY APPEAL THE DECISION IN
ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURE ACT.

(H)(1) A POLICE OFFICER'S CERTIFICATE, PROVIDED FOR
IN PARAGRAPH (6) OF SUBSECTION (D), SHALL AUTOMATICALLY
LAPSE 3 YEARS FROM THE DATE OF THE PREVIOUS CERTIFICATION.

(2)  THE COMMISSION MAY RECERTIFY A POLICE
CERTIFICATE, PROVIDED FOR IN PARAGRAPH (6) OF SUBSECTION
(D), UPON:

(I)  AN AUTOMATIC LAPSE OF THE CERTIFICATE;
OR

(II)  A REVOCATION OF A CERTIFICATION.

(3)  IF THE CERTIFICATE HAS LAPSED, THE OFFICER
MAY APPLY FOR ITS RECERTIFICATION IMMEDIATELY.

(4)  IF THE CERTIFICATION HAS BEEN REVOKED, THE
OFFICER MAY APPLY FOR RECERTIFICATION UPON WAITING 2 YEARS
FROM THE DATE THE REVOCATION ORDER BECAME EFFECTIVE.

(5) (I) (1) IF THE CERTIFICATE IS IN DANGER OF
LAPSING OR HAS LAPSED BECAUSE OF THE POLICE OFFICER'S
FAILURE TO MEET THE COMMISSION'S STANDARDS, AND THE POLICE
OFFICER CAN SHOW MAY REQUEST A HEARING BEFORE THE COMMISSION
TO PRESENT EVIDENCE:

(I)  THAT HIS THE DEPARTMENT UNREASONABLY
FAILED TO PROVIDE HIM THE OFFICER WITH THE REQUIRED TRAINING
OR ASSIGNED THE OFFICER TO SPECIAL DUTY WHICH PREVENTED THE
OFFICER FROM COMPLETING THE REQUIRED TRAINING NECESSARY TO
ACHIEVE THIS CERTIFICATION; AND

(II)  THAT THIS FAILURE IS THROUGH NO FAULT
OF HIS OWN, THEN HE MAY REQUEST A HEARING BEFORE THE
COMMISSION.

(2) THE COMMISSION SHALL HOLD A HEARING. FOR
PURPOSES OF THIS SUBSECTION, THE COMMISSION SHALL FOLLOW THE
PROCEDURES PRESCRIBED FOR A HEARING BOARD UNDER THE LAW
ENFORCEMENT OFFICER'S BILL OF RIGHTS, AND THE OFFICER SHALL
BE ENTITLED TO ALL OF THE RIGHTS PROVIDED UNDER THAT ACT.

(6) (3) IF THE COMMISSION CONCLUDES THAT THE
DEPARTMENT UNREASONABLY FAILED, WITHOUT JUST CAUSE, TO