Section 11-1107 - Hearing(a)(1) Except as provided in paragraph (2) of this subsection, if the investigation or interrogation of a correctional officer results in a recommendation of demotion, dismissal, transfer, loss of pay, reassignment, or similar action that is considered punitive, the correctional officer is entitled to a hearing on the issues by a hearing board before the Sheriff takes that action.(2) A correctional officer who has been convicted of a felony is not entitled to a hearing under this section.(b)(1) The Sheriff's Office shall give notice to the correctional officer of the right to a hearing by a hearing board under this section.(2) The notice required under this subsection shall state the time and place of the hearing and the issues involved.(c)(1) The hearing board authorized under this section shall consist of at least three members who:(i) are appointed by the Sheriff and chosen from correctional officers within the Sheriff's Office, or from correctional officers of another correctional facility with the approval of the Sheriff of the other facility; and(ii) have had no part in the investigation or interrogation of the correctional officer.(2) At least one member of the hearing board shall be of the same rank as the correctional officer against whom the complaint is filed.(3) At least two members of the hearing board shall be correctional officers.(d)(1) In connection with a disciplinary hearing, the Sheriff or hearing board may issue subpoenas to compel the attendance and testimony of witnesses and the production of books, papers, records, and documents as relevant or necessary.(2) The subpoenas may be served without cost in accordance with the Maryland Rules that relate to service of process issued by a court.(3) Each party may request the Sheriff or hearing board to issue a subpoena or an order under this subtitle.(e)(1) The hearing shall be conducted by a hearing board.(2) The hearing board shall give the Sheriff's Office and correctional officer ample opportunity to present evidence and argument about the issues involved.(3) The Sheriff's Office and correctional officer may be represented by counsel.(4) Each party has the right to cross-examine witnesses who testify, and each party may submit rebuttal evidence.(f)(1) Evidence with probative value that is commonly accepted by reasonable and prudent individuals in the conduct of their affairs is admissible and shall be given probative effect.(2) The hearing board shall give effect to the rules of privilege recognized by law and shall exclude incompetent, irrelevant, immaterial, and unduly repetitious evidence.(3) Each record or document that a party desires to use shall be offered and made a part of the record.(4) Documentary evidence may be received in the form of copies or excerpts, or by incorporation by reference.(g)(1) The hearing board may take notice of: (i) judicially cognizable facts; and(ii) general, technical, or scientific facts within the hearing board's specialized knowledge.(2) The hearing board shall: (i) notify each party of the facts so noticed either before or during the hearing, or by reference in preliminary reports or otherwise; and(ii) give each party an opportunity and reasonable time to contest the facts so noticed.(3) The hearing board may utilize its experience, technical competence, and specialized knowledge in the evaluation of the evidence presented.(h) In connection with a disciplinary hearing, the Sheriff or a hearing board may administer oaths.(i) An official record, including testimony and exhibits, shall be kept of the hearing.