HARRY HUGHES, Governor

913

The hearing board conducting the hearing shall give effect to the
rules of privilege recognized by law, and shall exclude
incompetent, irrelevant, immaterial, and unduly repetitious
evidence. All records and documents which any party desires to
use shall be offered and made a part of the record. Documentary
evidence may be received in the form of copies or excerpts, or by
incorporation by reference.

[(d)] (E) Every party has the right of cross-examination of
the witnesses who testify, and may submit rebuttal evidence.

[(e)] (F) The hearing board conducting the hearing may take
notice of judicially cognizable facts and, in addition, may take
notice of general, technical, or scientific facts within its
specialized knowledge. Parties shall be notified either before 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)] (G) 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)] (H) 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)] (I) (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