Ch. 602                                    1996 LAWS OF MARYLAND

(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 § 19-408 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 § 19-408 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 § 19-410 OF THIS SUBTITLE.

19-410.

(A)     EXCEPT AS OTHERWISE PROVIDED IN § 10-226 OF THE STATE
GOVERNMENT ARTICLE, BEFORE THE SECRETARY TAKES ANY FINAL ACTION
UNDER § 19-408 OF THIS SUBTITLE, THE SECRETARY SHALL GIVE THE INDIVIDUAL
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.

(D)    THE HEARING NOTICE TO BE GIVEN TO THE INDIVIDUAL SHALL BE
WRITTEN AND SENT AT LEAST 10 DAYS BEFORE THE HEARING.

(E)     THE INDIVIDUAL MAY BE REPRESENTED AT THE HEARING BY COUNSEL.

(F)     IF, AFTER DUE NOTICE, THE INDIVIDUAL AGAINST WHOM THE ACTION IS
CONTEMPLATED FAILS OR REFUSES TO APPEAR, NEVERTHELESS THE SECRETARY
MAY HEAR AND DETERMINE THE MATTER.

19-411.

WITHIN 5 DAYS AFTER THE SECRETARY SUSPENDS OR REVOKES THE
CERTIFICATION OF AN INDIVIDUAL AS SECURITY GUARD, THE INDIVIDUAL SHALL
SURRENDER TO THE SECRETARY THE CERTIFICATION CARD OF THE INDIVIDUAL.

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