ROBERT L. EHRLICH, JR., Governor

Ch. 5

(IV)    IF THE LAW ENFORCEMENT OFFICER ELECTS THE
ALTERNATIVE METHOD, THAT METHOD SHALL BE USED TO FORM THE HEARING
BOARD.

(V)     AN AGENCY OR EXCLUSIVE COLLECTIVE BARGAINING
REPRESENTATIVE MAY NOT REQUIRE A LAW ENFORCEMENT OFFICER TO ELECT AN
ALTERNATIVE METHOD OF FORMING A HEARING BOARD.

(VI)    IF THE LAW ENFORCEMENT OFFICER HAS BEEN OFFERED
SUMMARY PUNISHMENT, AN ALTERNATIVE METHOD OF FORMING A HEARING BOARD
MAY NOT BE USED.

(VII)  THIS PARAGRAPH IS NOT SUBJECT TO BINDING ARBITRATION.

(D)     SUBPOENAS.

(1)      IN CONNECTION WITH A DISCIPLINARY HEARING, THE CHIEF OR
HEARING BOARD MAY ISSUE SUBPOENAS TO COMPEL THE ATTENDANCE AND
TESTIMONY OF WITNESSES AND THE PRODUCTION OF BOOKS, PAPERS, RECORDS,
AND DOCUMENTS AS RELEVANT OR NECESSARY.

(2)      THE SUBPOENAS MAY BE SERVED WITHOUT COST IN ACCORDANCE
WITH THE MARYLAND RULES THAT RELATE TO SERVICE OF PROCESS ISSUED BY A
COURT.

(3)      EACH PARTY. MAY REQUEST THE CHIEF OR HEARING BOARD TO
ISSUE A SUBPOENA OR ORDER UNDER THIS SUBTITLE.

(4)      IN CASE OF DISOBEDIENCE OR REFUSAL TO OBEY A SUBPOENA
SERVED UNDER THIS SUBSECTION, THE CHIEF OR HEARING BOARD MAY APPLY
WITHOUT COST TO THE CIRCUIT COURT OF A COUNTY WHERE THE SUBPOENAED
PARTY RESIDES OR CONDUCTS BUSINESS, FOR AN ORDER TO COMPEL THE
ATTENDANCE AND TESTIMONY OF THE WITNESS OR THE PRODUCTION OF THE
BOOKS, PAPERS, RECORDS, AND DOCUMENTS.

(5)      ON A FINDING THAT THE ATTENDANCE AND TESTIMONY OF THE
WITNESS OR THE PRODUCTION OF THE BOOKS, PAPERS, RECORDS, AND DOCUMENTS
IS RELEVANT OR NECESSARY:

(I)      THE COURT MAY ISSUE WITHOUT COST AN ORDER THAT
REQUIRES THE ATTENDANCE AND TESTIMONY OF WITNESSES OR THE PRODUCTION
OF BOOKS, PAPERS, RECORDS, AND DOCUMENTS; AND

(II)     FAILURE TO OBEY THE ORDER MAY BE PUNISHED BY THE
COURT AS CONTEMPT.

(E)     CONDUCT OF HEARING.

(1)      THE HEARING SHALL BE CONDUCTED BY A HEARING BOARD.

(2)      THE HEARING BOARD SHALL GIVE THE LAW ENFORCEMENT AGENCY
AND LAW ENFORCEMENT OFFICER AMPLE OPPORTUNITY TO PRESENT EVIDENCE
AND ARGUMENT ABOUT THE ISSUES INVOLVED.

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