Ch. 425

1997 LAWS OF MARYLAND

(3) Notice to the officer shall be in accordance with the Administrative
Procedure Act and shall include;

(i) The time and place of the hearing; and

(ii) The grounds for revocation or suspension of the certificate.

(4) Any police officer aggrieved by the findings and order of the
Commission may appeal the decision in accordance with the Administrative Procedure

Act.

[(h)](G) (1) A police officer's certificate, provided for in subsection [(d)(6)]
(C)(6) of this section, shall automatically lapse 3 years from the date of the previous
certification.

(2) The Commission may recertify a police officer, provided for in
subsection [(d)(6)] (C)(6) of this section, upon:

(i) An automatic lapse of the certificate; or

(ii) A revocation of a certification.

(3) If the certificate has lapsed, the police officer may apply for
recertification immediately.

(4) If the certification has been revoked, the police officer may apply for
recertification upon waiting 2 years from the date the revocation order became effective.

[(i)] (II) (1) If the certificate is in danger of lapsing or has lapsed because of
the police officer's failure to meet the Commission's standards, the police officer may
request a hearing before the Commission to present evidence;

(i) That the Department unreasonably failed to provide the officer
with the required training or assigned the officer to special duty which prevented the
officer from completing the required training to achieve this certification; and

(ii) That this failure is through no fault of the police officer.

(2) The Commission shall hold a hearing. For purposes of this subsection,
the Commission shall follow the procedures prescribed for a hearing board under the Law
Enforcement Officers' Bill of Rights, and the officer shall be entitled to all of the rights
provided under that act.

(3) If the Commission concludes that the Department unreasonably failed
to provide the police officer with the training necessary or assigned the officer to special
duty which prevented the officer from completing the training necessary to achieve this
certification:

(i) The Commission shall stay the lapse of this certificate until the
officer and the Department meet the Commission's training requirements;

(ii) The officer shall be retained in the Department shall pay pending
the completion of the training; and

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