Md. Code Regs. 12.04.11.06

Current through Register Vol. 51, No. 26, December 27, 2024

Section 12.04.11.06 - Complaints Eligible for Mediation

A. Complaint Eligibility.

(1) A nonviolent complaint of a minor nature is eligible for mediation if it falls into one of the following categories:

(a) Violation category A, as stated in COMAR 12.04.10.04D(2); or

(b) Violation category B, as stated in COMAR 12.04.10.04D(3).

(2) A law enforcement agency shall review the nature of the complaint and determine if mediation is appropriate, based on the following factors:

(a) Type and severity of the alleged violation;

(b) Circumstances of the alleged police misconduct; and

(c) Work history and past disciplinary record of the involved police officer.

(3) Even if a complaint is eligible for mediation, the agency head or designee has the authority to decide, for any reason, that a case may not be assigned for mediation.

B. Complaints Not Eligible.

(1) A complaint of police misconduct that involves any level of force is not eligible for mediation.

(2) A complaint is not eligible for mediation if it falls into one of the following categories:

(a) Violation category C, as stated in COMAR 12.04.10.04D(4);

(b) Violation category D, as stated in COMAR 12.04.10.04D(5);

(c) Violation category E, as stated in COMAR 12.04.10.04E(6); or

(d) Violation category F, as stated in COMAR 12.04.10.04D(7).

C. A complaint of police misconduct not eligible for mediation shall be handled through the process set forth in COMAR 12.04.09.

Md. Code Regs. 12.04.11.06

Regulation .06 adopted effective 50:5 Md. R.173-204, eff. 3/20/2023