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Session Laws, 1984
Volume 759, Page 3833   View pdf image
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HARRY HUGHES, Governor

3833

(2) IF THE PRESIDING OFFICER DISAGREES WITH THE
REPORT OF THE COMMITTEE, THE REASONS FOR DISAGREEMENT SHALL BE
STATED IN WRITING AND FORWARDED, TOGETHER WITH THE REPORT, TO AN
INVESTIGATING COMMITTEE CREATED PURSUANT TO THE PROVISIONS OF
RULE 115 FOR FURTHER PROCEEDINGS.

(D) FORWARDING FOR FURTHER PROCEEDINGS - AUTOMATIC. IF THE
REPORT INCLUDES A FINDING UNDER RULE 111(D)(3), THE PRESIDING
OFFICER SHALL PROMPTLY FORWARD THE REPORT TO AN INVESTIGATING
COMMITTEE CREATED PURSUANT TO RULE 115 FOR FURTHER PROCEEDINGS.

114. PROCEEDINGS OF THE INVESTIGATING COMMITTEE.

(A)  SCOPE OF RULE. THIS SECTION GOVERNS ALL MATTERS
REFERRED TO AN INVESTIGATING COMMITTEE PURSUANT TO THESE RULES.

(B)  PRELIMINARY REVIEW OF CERTAIN MATTERS - POSSIBLE
TERMINATION. IF THE MATTER HAS BEEN REFERRED TO THE
INVESTIGATING COMMITTEE PURSUANT TO RULE 113(C)(2), THE
INVESTIGATING COMMITTEE SHALL REVIEW THE REPORT OF THE COMMITTEE
AND DETERMINE INITIALLY WHETHER, BASED UPON THE REASONS OF THE
PRESIDING OFFICER OR OTHERWISE, FURTHER PROCEEDINGS ARE
JUSTIFIED. IF THE INVESTIGATING COMMITTEE DETERMINES THAT
FURTHER PROCEEDINGS ARE NOT JUSTIFIED, IT SHALL SO REPORT TO THE
PRESIDING OFFICER, AND THE PROCEEDINGS SHALL BE TERMINATED.

(C)  INVESTIGATION. EXCEPT AS OTHERWISE PROVIDED IN
PARAGRAPH (B), THE INVESTIGATING COMMITTEE SHALL REVIEW THE
REPORT OF THE COMMITTEE AND, IN SUCH DETAIL AS IT CONSIDERS
APPROPRIATE, CONDUCT FURTHER PROCEEDINGS UNTIL IT IS PREPARED TO
MAKE A REPORT PURSUANT TO PARAGRAPH (D). THE PROCEEDINGS SHALL
BE CONDUCTED PURSUANT TO THE PROVISIONS OF SECTIONS 72 THROUGH 87
OF ARTICLE 40 OF THE ANNOTATED CODE OF MARYLAND TO THE EXTENT
THOSE PROVISIONS ARE NOT INCONSISTENT WITH RULE 109 OR OTHER
PROVISIONS OF THESE RULES.

(D)  REPORT. AT THE CONCLUSION OF ITS INVESTIGATION
PURSUANT TO PARAGRAPH (C), THE INVESTIGATING COMMITTEE SHALL MAKE
SUCH FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMENDATIONS
FOR FURTHER PROCEEDINGS AS IT CONSIDERS APPROPRIATE AND TAKE ONE
OF THE FOLLOWING ACTIONS:

(1)  IF THE INVESTIGATING COMMITTEE CONCLUDES THAT
THERE HAS BEEN NO VIOLATION, THE COMMITTEE SHALL REPORT ITS
FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS TO THE PRESIDING
OFFICER OF THAT BRANCH OF THE LEGISLATURE, AND THE PROCEEDINGS
SHALL BE TERMINATED.

(2) (I) IF THE INVESTIGATING COMMITTEE CONCLUDES THAT
A VIOLATION HAS OCCURRED, THE COMMITTEE SHALL SUBMIT A WRITTEN
REPORT OF ITS FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS TO THE
PRESIDING OFFICER OF THAT BRANCH.

(II) THE REPORT AND FORMAL RECORD OF THE
INVESTIGATING COMMITTEE SHALL BE PUBLIC RECORDS.

 

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Session Laws, 1984
Volume 759, Page 3833   View pdf image
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