2010 Maryland Code
TITLE 10 - STATE CORRECTIONAL FACILITIES
Subtitle 9 - State Correctional Officers' Bill of Rights
Section 10-910 - Decision, order, or action.
§ 10-910. Decision, order, or action.
(a) In general.-
(1) A decision, order, or action taken as a result of a hearing under § 10-909 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 by the hearing board terminates the action.
(4) The hearing board may make a finding of guilty on a preponderance of the evidence that establishes that the correctional officer engaged in misconduct on any of the charges.
(5) The hearing board shall make a separate finding of guilty or not guilty as to each offense alleged.
(6) If the hearing board makes a finding of guilt, the hearing board shall:
(i) reconvene the hearing;
(ii) receive evidence; and
(iii) consider the correctional officer's past job performance, the relation of the contemplated disciplinary action to any prior disciplinary action, and other relevant mitigating information as factors before deciding a penalty.
(7) The hearing board shall recommend the penalty it considers appropriate under the circumstances, including disciplinary suspension without pay, demotion, dismissal, transfer, loss of pay, reassignment, or other similar action that is considered punitive.
(8) For the purposes of this subsection, performance-based offenses shall be considered one type of offense and attendance-based offenses shall be considered another type of offense.
(9) A copy of the decision or order, findings of fact, conclusions, and a written determination of penalty shall be delivered or mailed promptly to:
(i) the correctional officer and the correctional officer's counsel or representative of record;
(ii) the appointing authority of the correctional facility; and
(iii) the Secretary.
(b) Review and final order.-
(1) Within 30 days after receipt of the recommendations of the hearing board, the appointing authority shall:
(i) review the findings, conclusions, and recommendations of the hearing board; and
(ii) issue a final order.
(2) The final order and decision of the appointing authority is binding, but may be appealed in accordance with § 10-911 of this subtitle.
(3) The recommendation of a penalty by the hearing board is not binding on the appointing authority.
(4) The appointing authority shall consider the correctional officer's past job performance and the relation of the contemplated disciplinary action to any prior disciplinary action before imposing a penalty.
(5) Before terminating a correctional officer under this subsection, the appointing authority shall obtain approval from the Secretary.
(6) With the approval of the Secretary, the appointing authority may increase the recommended penalty of the hearing board if the appointing authority:
(i) reviews the entire record of the proceedings of the hearing board;
(ii) meets with the correctional officer and allows the correctional officer to be heard on the record;
(iii) at least 10 days before the meeting, discloses and provides in writing to the correctional officer any oral or written communication not included in the record of the hearing board on which the decision to consider increasing the penalty is wholly or partly based; and
(iv) states on the record the substantial evidence on which the appointing authority relied to support the increase of the recommended penalty.
(c) Revocation of certification.-
(1) The Correctional Training Commission may revoke the certification of a correctional officer in conjunction with disciplinary action taken under this subtitle.
(2) If a hearing board rescinds or modifies a disciplinary action against a correctional officer, the hearing board may reinstate the correctional officer's certification with no further examination or condition.
[2010, ch. 194.]
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