2024                                         LAWS OF MARYLAND                                     Ch. 249

(ii) A law enforcement officer, upon written
request, may have any record of a formal complaint made against
him expunged from any file if:

1.  The law enforcement agency
investigating the complaint has exonerated the officer of all
charges in the complaint, or determined that the charges were
unsustained or unfounded; and

2.  3 years have passed since the findings
by the law enforcement agency.

(13)  (i) If the chief is the law-enforcement officer
under investigation, the chief of another law-enforcement agency
in this State shall function as the law-enforcement officer of
the same rank on the hearing board.

(ii) If the chief of a State law-enforcement
agency is under investigation, the Governor shall appoint the
chief of another law-enforcement agency as the law-enforcement
officer of the same rank on the hearing board.

(iii) If the chief of a county or municipal
law-enforcement agency is under investigation, the official who
may appoint the chief's successor shall appoint the chief of
another law-enforcement agency as the officer of the same rank on
the hearing board.

(iv) If the chief of a State law-enforcement
agency or the chief of a county or municipal law-enforcement
agency is under investigation, the official who may appoint the
chief's successor, or that official's designee, shall function as
chief for the purposes' of this subtitle.

(14)  The law-enforcement officer's representative
need not be present during the actual administration of a
polygraph examination by a certified polygraph examiner, if the
questions to be asked are reviewed with the law-enforcement
officer or his representative prior to the administration of the
examination, the representative is allowed to observe the
administration of the polygraph examination, and if a copy of the
final report of the examination by the certified polygraph
operator is made available to the law-enforcement officer or his
representative within a reasonable time, not to exceed ten days,
after the completion of the examination.

(c) This subtitle does not limit the authority of the chief
to regulate the competent and efficient operation and management
of a law-enforcement agency by any reasonable means including but
not limited to, transfer and reassignment where that action is
not punitive in nature and where the chief determines that action
to be in the best interests of the internal management of the
law-enforcement agency.