Ch. 5

2003 LAWS OF MARYLAND

"department" for consistency with terminology used throughout this
subtitle.

In subsection (b)(1) of this section, the phrase "[o]n request of the police
officer for a hearing under this section" is added for clarity.

In subsection (c) of this section, the references to "required" training are
substituted for the former references to "necessary" training for
consistency with subsection (a)(1) of this section.

Defined terms: "Commission" § 3-201
"Law enforcement agency" § 3-201
"Police officer" § 3-201

3-212. SUSPENSIONS AND REVOCATIONS OF CERTIFICATION; HEARINGS; JUDICIAL
REVIEW.

(A)     GROUNDS FOR SUSPENSIONS AND REVOCATIONS.

SUBJECT TO THE HEARING PROVISIONS OF SUBSECTION (B) OF THIS SECTION,
THE COMMISSION MAY SUSPEND OR REVOKE THE CERTIFICATION OF A POLICE
OFFICER IF THE POLICE OFFICER:

(1)      VIOLATES OR FAILS TO MEET THE COMMISSION'S STANDARDS; OR

(2)      KNOWINGLY FAILS TO REPORT SUSPECTED CHILD ABUSE IN
VIOLATION OF § 5-704 OF THE FAMILY LAW ARTICLE.

(B)     HEARINGS.

(1)      EXCEPT AS OTHERWISE PROVIDED IN TITLE 10, SUBTITLE 2 OF THE
STATE GOVERNMENT ARTICLE, BEFORE THE COMMISSION TAKES ANY FINAL ACTION
UNDER SUBSECTION (A) OF THIS SECTION, THE COMMISSION SHALL GIVE THE
INDIVIDUAL AGAINST WHOM THE ACTION IS CONTEMPLATED AN OPPORTUNITY FOR
A HEARING BEFORE THE COMMISSION.

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

(C)     JUDICIAL REVIEW.

A POLICE OFFICER AGGRIEVED BY THE FINDINGS AND ORDER OF THE
COMMISSION MAY TAKE AN APPEAL AS ALLOWED IN §§ 10-222 AND 10-223 OF THE
STATE GOVERNMENT ARTICLE.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 41, § 4-201(d)(7) and (g).

In subsection (a) of this section, the language which provides that the
Commission "may" suspend or revoke the certification of a police officer
under certain circumstances, is substituted for the former reference to the
"authority" of the Commission for consistency with similar provisions in
other revised articles of the Code. The word "may" is used in revised

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