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2006 LAWS OF MARYLAND
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Ch. 251
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(2) The decision of the hearing board then may be appealed in
accordance with § 3-109 of this subtitle.
(3) [Paragraph] IF AUTHORIZED BY LOCAL LAW, PARAGRAPH (1)(ii) of
this subsection is [not] subject to binding arbitration.
(d) (1) Within 30 days after receipt of the recommendations of the hearing
board, the chief shall:
(i) review the findings, conclusions, and recommendations of the
hearing board; and
(ii) issue a final order.
(2) The final order and decision of the chief is binding and then may be
appealed in accordance with § 3—109 of this subtitle.
(3) The recommendation of a penalty by the hearing board is not binding
on the chief.
(4) The chief shall consider the law enforcement officer's past job
performance as a factor before imposing a penalty.
(5) The chief may increase the recommended penalty of the hearing
board only if the chief personally:
(i) reviews the entire record of the proceedings of the hearing
board;
(ii) meets with the law enforcement officer and allows the law
enforcement officer to be heard on the record;
(iii) discloses and provides in writing to the law enforcement officer,
at least 10 days before the meeting, any oral or written communication not included
in the record of the hearing board on which the decision to consider increasing the
penalty is wholly or partly based; and
(iv) states on the record the substantial evidence relied on to
support the increase of the recommended penalty.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2006.
Approved May 2, 2006.
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- 1466 -
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