Ch. 10

1993 LAWS OF MARYLAND

appeals to the "circuit court for the county where any party resides or has a
principal place of business". The General Assembly may wish to consider
whether this distinction should be retained.

Also in subsection (g)(1) of this section, the former reference to the "judicial
review standards of the Administrative Procedure Act" is deleted as
unnecessary in light of the specific reference to the governing provisions —
i.e., §§ 10-215 and 10-216 of the State Government Article.

The State Personnel Article Review Committee notes, for consideration by
the General Assembly, that the examples of relief listed in former Art. 64A, §
12-I(b)(3), revised as subsection (f) of this section, are different than those
listed in former Art. 64A, § 12H(d)(3), revised as § 3-307(c) of this section.
For example, § 3-307(c) specifically allows removing detrimental information
from a complainant's personnel record, hiring, reinstating, and ending
suspension of a complainant and taking disciplinary action against the
individual who caused the violation. Those remedies are not specified in
subsection (f) of this section. Conversely, subsection (f) specifies granting
leave and seniority to a complainant, while § 3-307(c) does not. The General
Assembly may wish to conform these' provisions.

Defined terms: "Appointing authority" § 1-101
"County" § 1-101
"Secretary" § 1-101

3-309. REFERRAL OF SUSPECTED CRIMINAL CONDUCT.

          IF, DURING AN INVESTIGATION UNDER § 3-306 OF THIS SUBTITLE, THE
SECRETARY OR THE GOVERNOR'S DESIGNEE FINDS THAT REASONABLE GROUNDS
EXIST TO BELIEVE THAT A CRIME HAS BEEN COMMITTED, THE SECRETARY OR THE
GOVERNOR'S DESIGNEE SHALL:

(1)      PROMPTLY REFER THE MATTER TO AN APPROPRIATE PROSECUTOR;

(2)      MAKE ALL PERTINENT EVIDENCE AVAILABLE TO THE PROSECUTOR;
AND

(3)      SEND TO THE INDIVIDUAL BELIEVED TO HAVE COMMITTED THE
CRIME A NOTICE THAT:

(I)      CONTAINS A STATEMENT OF THE ALLEGATION;

(II)     NOTIFIES THE INDIVIDUAL THAT THE MATTER HAS BEEN
REFERRED TO A PROSECUTOR;

(III)   ADVISES THE INDIVIDUAL OF THE INDIVIDUAL'S RIGHT TO
OBTAIN COUNSEL; AND

(IV)   ADVISES THE INDIVIDUAL OF THE INDIVIDUAL'S RIGHT TO
REFUSE TO RESPOND TO THE ALLEGATION IF A RESPONSE MIGHT BE
INCRIMINATING.

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