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Session Laws, 1984
Volume 759, Page 3034   View pdf image
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3034

LAWS OF MARYLAND

Ch. 587

(III) THE COMMITTEE MAY AMEND THE PRELIMINARY
SUMMARY AT ANY TIME PRIOR TO THE HEARING. IF THE PRELIMINARY
SUMMARY IS AMENDED, THE PROCESS ESTABLISHED IN SUBPARAGRAPHS (I)
AND (II) SHALL BE REPEATED.

(3)  AT THE HEARING, THE COMMITTEE SHALL DEVELOP AN
EVIDENTIARY RECORD RELATING TO THE ISSUES RAISED BY THE
PRELIMINARY SUMMARY AND ANY AMENDMENTS THERETO. THE LEGISLATOR
MAY PRESENT EVIDENCE, CROSS-EXAMINE WITNESSES, FACE AND EXAMINE
ANY PERSON WHO HAS FILED A STATEMENT IN THE MATTER, AND BE
REPRESENTED BY COUNSEL. THE HEARING SHALL BE RECORDED.

(4)  BASED UPON THE RECORD COMPILED AT THE HEARING,
THE COMMITTEE SHALL MAKE ONE OF THE FOLLOWING FINDINGS:

(I)  THERE IS NO CAUSE FOR FURTHER PROCEEDINGS
BECAUSE THERE IS NO PROBABLE CAUSE TO BELIEVE THAT A VIOLATION
MAY HAVE OCCURRED;

(II)  THERE IS PROBABLE CAUSE TO BELIEVE THAT A
VIOLATION MAY HAVE OCCURRED BUT FURTHER PROCEEDINGS ARE NOT
JUSTIFIED BECAUSE:

1.  ANY VIOLATION THAT MAY HAVE OCCURRED
IS NOT WITHIN THE JURISDICTION OF THE COMMITTEE;

2.  ANY VIOLATION THAT MAY HAVE OCCURRED
WAS INADVERTENT, TECHNICAL, OR MINOR, OR HAS BEEN CURED, AND,
AFTER CONSIDERATION OF ALL OF THE CIRCUMSTANCES, FURTHER
PROCEEDINGS WOULD NOT SERVE THE PURPOSES OF THIS SECTION; OR

3.  FOR OTHER REASONS, AFTER CONSIDERATION
OF ALL OF THE CIRCUMSTANCES, FURTHER PROCEEDINGS WOULD NOT SERVE
THE PURPOSES OF THIS SECTION.

(III)  FURTHER PROCEEDINGS ARE JUSTIFIED.

(M) PROMPTLY UPON MAKING A FINDING PURSUANT TO SUBSECTION
(L)(4), THE COMMITTEE SHALL SUBMIT A WRITTEN REPORT OF ITS
PROCEEDINGS, INCLUDING ITS FINDING, TO THE PRESIDING OFFICER OF
THE BRANCH OF THE LEGISLATURE OF WHICH THE LEGISLATOR IS A
MEMBER.

(N) (1) THE PRESIDING OFFICER SHALL REVIEW EACH REPORT
SUBMITTED PURSUANT TO SUBSECTION (M).

(2)  IF THE REPORT CONTAINS A FINDING UNDER SUBSECTION
(L)(4)(I), THE PROCEEDINGS SHALL BE TERMINATED.

(3)  IF THE REPORT CONTAINS A FINDING UNDER SUBSECTION
(L)(4)(II) AND:

(I) IF THE PRESIDING OFFICER AGREES WITH THE
FINDING CONTAINED IN THE REPORT OF THE COMMITTEE, THE PROCEEDINGS
SHALL BE TERMINATED.

 

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Session Laws, 1984
Volume 759, Page 3034   View pdf image
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