ROBERT L. EHRLICH, JR., Governor

Ch. 26

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 78A, § 2A.

Article - State Government

3-307. COMPLAINTS AGAINST CIVIL OR MILITARY OFFICERS.

(A)     GOVERNOR'S AUTHORITY — INVESTIGATION OF COMPLAINT.

ON THE FILING OF A COMPLAINT AGAINST A CIVIL OR MILITARY OFFICER WHO
MAY BE SUSPENDED OR REMOVED FROM OFFICE BY THE GOVERNOR, THE
GOVERNOR:

(1)      SHALL PROVIDE TO THE RESPONDENT:

(I)      A COPY OF THE COMPLAINT; AND

(II)     NOTICE OF THE TIME WHEN THE GOVERNOR SHALL HEAR THE
COMPLAINT;

(2)      MAY SUMMON ANY WITNESS TO TESTIFY CONCERNING THE
COMPLAINT, PAY THE WITNESS A FEE OF $1A DAY FOR ATTENDING, AND REIMBURSE
THE WITNESS FOR TRAVEL EXPENSES INCURRED IN TESTIFYING;

(3)      MAY DESIGNATE ONE OR MORE INDIVIDUALS TO ATTEND ON THE
GOVERNOR'S BEHALF ANY PART OF ANY HEARING THAT RELATES TO THE
ESTABLISHMENT OF THE FACTS OF THE COMPLAINT; AND

(4)      MAY ORDER EITHER PARTY OR THE STATE TO PAY ANY COSTS OF
THE PROCEEDING.

(B)     SAME — ENFORCEMENT OF ORDERS.

THE GOVERNOR, IN THE SAME MANNER AS A COURT OF THE STATE, MAY
ENFORCE:

(1)      THE ATTENDANCE OF A WITNESS SUMMONED UNDER SUBSECTION
(A)(2) OF THIS SECTION; OR

(2)      AN ORDER UNDER SUBSECTION (A)(4) OF THIS SECTION FOR
PAYMENT OF COSTS BY A PARTY OR THE STATE.

(C)     PAYMENT OF COSTS BY STATE.

IF THE STATE IS ORDERED TO PAY COSTS UNDER SUBSECTION (A)(4) OF THIS
SECTION, THE COMPTROLLER SHALL ISSUE A WARRANT TO THE TREASURER TO PAY
THE COSTS.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 41, §§ 2-501 through 2-504.

In the introductory language of subsection (a) of this section, the reference
to the "filing of a complaint" is substituted for the former phrase "[u]pon
complaint made" for clarity and in light of the former reference to a "copy
of the complaint".

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