Chapter 2

Question 1

When can an Administrative Hearing Board not be provided

Answer 1

When a sworn employee is covicted of a felony in a court of law

Question 2

Probationary sworn employees are only provided hearings when?

Answer 2

When the allegation involves a use of force

Question 3

What are Administrative Hearing Boards?

Answer 3

Quasi-Judicial proceedings conducted according to guidelines published by the Maryland Chiefs of Police Association.

Question 4

Are the AHB’s open to the public?

Answer 4

Yes, although the Chairman shall exclude disruptive persons.

Question 5

Is hearsay evidence allowed to be introduced?

Answer 5

Yes, for probative value

Question 6

Ture or False:

The rules of evidence used by the courts must always be strictly followed

Answer 6

False

Question 7

Who will the findings of the AHB be forwarded to?

Answer 7

The Director, OPR who will then forward them to the chief of police for review.

Question 8

True or False:

The respondent has the right to be represented

Answer 8

True

Question 9

How far in advance must a request for a continuance be made and in what form?

Answer 9

No less than 72 hours prior to the hearing unless it is an Emergency request. The request must be made in writing.

Question 10

True or False:

Respondents will be armed during administrative proceedings

Answer 10

False

Question 11

Who is responsible for the security of the proceedings?

Answer 11

The Chairman

Question 12

Who designates the AHB coordinator?

Answer 12

The Director, IAD

Question 13

True or False:

The respondent’s appearance before an AHB is optional?

Answer 13

True

Question 14

The respondent officer shall be notified no less than ___ days prior to the hearing

Answer 14

30

Question 15

Within ___ working days of service will the respondent notify whether they wish to appear before the AHB and who will they notify?

Answer 15

3, The director, IAD

Question 16

True or False:

A respondent may request to waive their right to an AHB?

Answer 16

True, However the Chief of police may mandate an AHB

Question 17

What is an Administrative Hearing Board

Answer 17

An administrative body that conducts hearings concerning charges that have been sustained against sworn Employees, determines findings of fact, and makes recommendations of discipline to the chief of police

Question 18

True or False:
Witness fees, mileage, and expenses incurred to secure the attendance of witnesses or their testimony shall be itemized and paid by the department

Answer 18

True

Question 19

Who does the AHB coordinator report to, and what is he responsible for

Answer 19

The AHB coordinator reports to the Director IAD, and he is responsible for coordinating AHBs

Question 20

The Coordinator shall:

Answer 20

• Prepare and disseminate necessary documents
• Coordinate the scheduling of pre-trial confrences and hearings to ensure necessary accomodations, equipment and personnel are available
• act as departmental liason and assist during the hearing process
• Monitor cases with sustained findings through final disposition
• Provide timely updates to the director IAD regarding status of sustained cases in the hearing board