Ch. 602

1996 LAWS OF MARYLAND

PRINCIPAL, AGENT, OR EMPLOYEE OF AN APPLICANT OR LICENSEE MAY BE
CONSTRUED TO BE THE ACT OR OMISSION OF THE APPLICANT OR LICENSEE, AS
WELL AS OF THE PRINCIPAL, AGENT, OR EMPLOYER

19-314.

(A)    SUBJECT TO THIS SECTION, THE SECRETARY SHALL COMMENCE
PROCEEDINGS UNDER § 19-313 OF THIS SUBTITLE ON THE SECRETARY'S OWN
COMPLAINT OR ON A COMPLAINT MADE TO THE SECRETARY BY ANY PERSON.

(B)     (1) A COMPLAINT SHALL:

(I) BE IN WRITING;

(II) BE SIGNED BY THE COMPLAINANT; AND

(III) STATE SPECIFICALLY THE FACTS ON WHICH THE COMPLAINT IS
BASED.

(2) IF A COMPLAINT IS MADE BY ANY PERSON OTHER THAN THE
SECRETARY, THE COMPLAINT SHALL BE MADE UNDER OATH BY THE PERSON WHO
SUBMITS THE COMPLAINT.

(C)     (1) ON RECEIPT OF A COMPLAINT THAT ALLEGES FACTS THAT ARE
GROUNDS FOR ACTION UNDER § 19-313 OF THIS SUBTITLE, THE SECRETARY SHALL
APPOINT AN OFFICER OF THE DEPARTMENT OF STATE POLICE, WITH THE RANK OF
LIEUTENANT OR ABOVE, AS THE INVESTIGATING OFFICER FOR THE COMPLAINT.

(2) THE INVESTIGATING OFFICER MAY ASSIGN RESPONSIBILITY FOR
CONDUCTING THE INVESTIGATION TO OTHER MEMBERS OF THE DEPARTMENT OF
STATE POLICE.

(D)     (1) ON CONCLUSION OF THE INVESTIGATION, THE INVESTIGATING
OFFICER SHALL DETERMINE WHETHER THERE IS A REASONABLE BASIS TO BELIEVE
THAT THERE ARE GROUNDS FOR DISCIPLINARY ACTION UNDER § 19-313 OF THIS
SUBTITLE.

(2) IF THE INVESTIGATING OFFICER FINDS A REASONABLE BASIS AS
PROVIDED UNDER PARAGRAPH (1) OF THIS SUBSECTION, THE SECRETARY SHALL
ACT ON THE COMPLAINT AS PROVIDED UNDER § 19-315 OF THIS SUBTITLE.

19-315.

(A)    EXCEPT AS OTHERWISE PROVIDED IN § 10-226 OF THE STATE
GOVERNMENT ARTICLE, BEFORE THE SECRETARY TAKES ANY FINAL ACTION
UNDER § 19-313 OF THIS SUBTITLE, THE SECRETARY SHALL GIVE THE PERSON
AGAINST WHOM THE ACTION IS CONTEMPLATED AN OPPORTUNITY FOR A HEARING
BEFORE THE SECRETARY.

(B)     THE SECRETARY SHALL GIVE NOTICE AND HOLD THE HEARING IN
ACCORDANCE WITH TITLE 10, SUBTITLE 2 OF THE STATE GOVERNMENT ARTICLE

(C)     THE SECRETARY MAY ADMINISTER OATHS IN CONNECTION WITH ANY
PROCEEDING UNDER THIS SECTION.

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