2013 Maryland Code
CORRECTIONAL SERVICES
§ 11-1009 - Decision, order or action [Effective until October 1, 2013].

§11-1009.

(a) (1) A decision, order, or action taken as a result of a hearing under § 11-1008 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 correctional officer’s past job performance and other relevant information as factors before making recommendations to the managing official.

(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 correctional officer or the correctional officer’s counsel or representative of record; and

(ii) the managing official.

(b) (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) (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 managing official is an eyewitness to the incident under investigation; or

(ii) a managing official has agreed with an exclusive collective bargaining representative recognized or certified under applicable law that the decision is final.

(2) The decision of the hearing board then may be appealed in accordance with § 11-1010 of this subtitle.

(3) Paragraph (1)(ii) of this subsection is not subject to binding arbitration.

(d) (1) Within 30 days after receipt of the recommendations of the hearing board, the managing official 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 managing official is binding and then may be appealed in accordance with § 11-1010 of this subtitle.

(3) The recommendation of a penalty by the hearing board is not binding on the managing official.

(4) The managing official shall consider the correctional officer’s past job performance as a factor before imposing a penalty.

(5) The managing official may increase the recommended penalty of the hearing board only if the managing official personally:

(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) discloses and provides in writing to the correctional officer, at least 10 days before the meeting, 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 relied on to support the increase of the recommended penalty.

§ 11-1009 - Decision, order or action [Effective October 1, 2013].

(a) In general. --

(1) A decision, order, or action taken as a result of a hearing under § 11-1008 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 correctional officer's past job performance and other relevant information as factors before making recommendations to the managing official.

(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 correctional officer or the correctional officer's counsel or representative of record; and

(ii) the managing official.

(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) Finality. --

(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 managing official is an eyewitness to the incident under investigation; or

(ii) except in Harford County, a managing official has agreed with an exclusive collective bargaining representative recognized or certified under applicable law that the decision is final.

(2) The decision of the hearing board then may be appealed in accordance with § 11-1010 of this subtitle.

(3) Paragraph (1)(ii) of this subsection is not subject to binding arbitration.

(d) Review and final order. --

(1) Within 30 days after receipt of the recommendations of the hearing board, the managing official 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 managing official is binding and then may be appealed in accordance with § 11-1010 of this subtitle.

(3) The recommendation of a penalty by the hearing board is not binding on the managing official.

(4) The managing official shall consider the correctional officer's past job performance as a factor before imposing a penalty.

(5) The managing official may increase the recommended penalty of the hearing board only if the managing official personally:

(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) discloses and provides in writing to the correctional officer, at least 10 days before the meeting, 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 relied on to support the increase of the recommended penalty.