Ch. 5

2003 LAWS OF MARYLAND

(1)      A DECISION, ORDER, OR ACTION TAKEN AS A RESULT OF A HEARING
UNDER § 3-107 OF THIS SUBTITLE SHALL BE IN WRITING AND ACCOMPANIED BY
FINDINGS OF FACT.

(2)      THE FINDINGS OF FACT SHALL CONSIST OF A CONCISE STATEMENT
ON EACH ISSUE IN THE CASE.

(3)      A FINDING OF NOT GUILTY TERMINATES THE ACTION.

(4)      IF THE HEARING BOARD MAKES A FINDING OF GUILT, THE HEARING
BOARD SHALL:

(I)      RECONVENE THE HEARING;

(II)     RECEIVE EVIDENCE; AND

(III)    CONSIDER THE LAW ENFORCEMENT OFFICER'S PAST JOB
PERFORMANCE AND OTHER RELEVANT INFORMATION AS FACTORS BEFORE MAKING
RECOMMENDATIONS TO THE CHIEF.

(5)      A COPY OF THE DECISION OR ORDER, FINDINGS OF FACT,
CONCLUSIONS, AND WRITTEN RECOMMENDATIONS FOR ACTION SHALL BE
DELIVERED OR MAILED PROMPTLY TO:

(I)      THE LAW ENFORCEMENT OFFICER OR THE LAW
ENFORCEMENT OFFICER'S COUNSEL OR REPRESENTATIVE OF RECORD; AND

(II)     THE CHIEF.

(B)     RECOMMENDATION OF PENALTY.

(1)      AFTER A DISCIPLINARY HEARING AND A FINDING OF GUILT, THE
HEARING BOARD MAY RECOMMEND THE PENALTY IT CONSIDERS APPROPRIATE
UNDER THE CIRCUMSTANCES, INCLUDING DEMOTION, DISMISSAL, TRANSFER, LOSS
OF PAY, REASSIGNMENT, OR OTHER SIMILAR ACTION THAT IS CONSIDERED
PUNITIVE.

(2)      THE RECOMMENDATION OF A PENALTY SHALL BE IN WRITING.

(C)     FINAL DECISION OF HEARING BOARD.

(1) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBTITLE, THE
DECISION OF THE HEARING BOARD AS TO FINDINGS OF FACT AND ANY PENALTY IS
FINAL IF:

(I)      A CHIEF IS AN EYEWITNESS TO THE INCIDENT UNDER
INVESTIGATION; OR

(II)     A LAW ENFORCEMENT AGENCY OR THE AGENCY'S SUPERIOR
GOVERNMENTAL AUTHORITY HAS AGREED WITH AN EXCLUSIVE COLLECTIVE
BARGAINING REPRESENTATIVE RECOGNIZED OR CERTIFIED UNDER APPLICABLE
LAW THAT THE DECISION IS FINAL.

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