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Session Laws, 1985
Volume 760, Page 2026   View pdf image
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2026

LAWS OF MARYLAND

Ch. 249

or during the hearing, or by reference in preliminary reports or
otherwise, of the material so noticed, and they shall be afforded
an opportunity and reasonable time to contest the facts so
noticed. A hearing board may utilize its experience, technical
competence, and specialized knowledge in the evaluation of the
evidence presented.

(f)  With respect to the subject of any hearing conducted
pursuant to this subtitle, the chief or the officer designated by
the chief shall administer oaths or affirmations and examine any
individual under oath.

(g)  Witness fees and mileage, if claimed, shall be allowed
the same as for testimony in a circuit court. Witness fees,
mileage, and the actual expenses necessarily incurred in securing
attendance of witnesses and their testimony shall be itemized,
and shall be paid by the law-enforcement agency.

(h) (1) The chief, or hearing board, as the case may be,
shall in connection with any disciplinary hearing, have the power
to administer oaths and to issue summonses to compel the
attendance and testimony of witnesses, and the production of
books, papers, records, and documents as may be relevant or
necessary. These summonses may be served in accordance with the
Maryland Rules of Procedure pertaining to service of process
issued by a court, without cost. Any party may request the chief
or hearing board to issue a summons or order under the provisions
of this subtitle.

(2) In case of disobedience or refusal to obey any of
these summonses, the chief, or hearing board, may apply to the
circuit court of any county where the summonsed party resides or
conducts business, for an order requiring the attendance and
testimony of the witness and the production of books, papers,
records, and documents, without cost. Upon a finding that the
attendance and testimony of the witness, or the production of the
books, papers, records, and documents sought is relevant or
necessary, the court may issue an order requiring the attendance,
testimony, or production of books, papers, records and documents
without cost, and any failure to obey an order of the court may
be punished by the court as a contempt thereof.

731.

(a) Any decision, order, or action taken as a result of the
hearing shall be in writing and shall be accompanied by findings
of fact. The findings shall consist of a concise statement upon
each issue in the case. A finding of not guilty terminates the
action. If a finding of guilt is made, the hearing board shall
reconvene the hearing, receive evidence, and consider the
law-enforcement officer's past job performance and other relevant
information as factors before making its recommendations to the
chief. A copy of the decision or order and accompanying findings
and conclusions, along with written recommendations for action,
shall be delivered or mailed promptly to the law-enforcement

 

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Session Laws, 1985
Volume 760, Page 2026   View pdf image
 Jump to  
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