ROBERT L. EHRLICH, JR., Governor

Ch. 5

articles to indicate the authority of an entity to exercise a power. In
addition, the ability of a licensing body to suspend or revoke a license is
generally expressed as a power, rather than a duty, under licensing
schemes in other revised articles of the Code. Consequently, the former
reference to the power of the Commission to "initiate an action against the
officer" is deleted as included in the power of the Commission to suspend or
revoke the certificate.

The Public Safety Article Review Committee notes, for consideration by the
General Assembly, that the introductory language in former Art. 41, §
4-201(d) refers to the "authority", "responsibility", and "duty" of the
Commission. This language gives rise to the issue of whether former Art.
41, § 4-201(d)(7) establishes a power {i.e., authority) or a duty (i.e.,
responsibility). Subsection (a) of this section has been drafted to establish
a power because "may" (which indicates a power) was used in former Art.
41, § 4-201(g)(1) with regard to the Commission initiating an action
against a police officer if the Commission believed that grounds for
suspension or revocation of certification existed. If the General Assembly
wishes to make this power mandatory, the word "shall" should be
substituted for the word "may".

The introductory language of subsection (b)(1) of this section, "[e]xcept as
otherwise provided in Title 10, Subtitle 2 of the State Government Article,"
is added to clarify that the Commissioner may act summarily under
certain circumstances. See SG § 10-226(c).

In subsection (b)(2) of this section, the specific reference to "Title 10,
Subtitle 2 of the State Government Article" is substituted for the former
general reference to "the Administrative Procedure Act". Consequently, the
former references to the "time and place of the hearing" and the "grounds
for revocation and suspension of the certificate" are deleted as
unnecessary. Similarly, in subsection (c) of this section, the specific
references to "§§ 10-222 and 10-223 of the State Government Article" are
substituted for the former general reference to the "Administrative
Procedure Act".

Defined terms: "Commission" § 3-201
"Police officer" § 3-201

3-213. RECALL OF CERTIFICATE.

THE COMMISSION MAY RECALL THE CERTIFICATE OF A POLICE OFFICER IF THE
CERTIFICATION OF THE POLICE OFFICER IS SUSPENDED OR REVOKED FOR ANY OF
THE FOLLOWING REASONS:

(1)      THE CERTIFICATE WAS ISSUED BY ADMINISTRATIVE ERROR;

(2)      THE CERTIFICATE WAS OBTAINED THROUGH MISREPRESENTATION
OR FRAUD;

(3)      THE POLICE OFFICER HAS BEEN CONVICTED OF A FELONY; OR

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