<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".06" citation="COMAR 12.04.09.06" title_num="12" subtitle_num="04" chapter_num="09" heading="Law Enforcement Agency Investigation.">
  <paragraph num="A.">
    <text>Complaints Eligible for Mediation.</text>
    <paragraph num="(1)">
      <text>Complaints from the public that meet the eligibility requirements for the mediation process established by regulation pursuant to Public Safety Article, §3-207(d), Annotated Code of Maryland, may, subject to the agreement of the complainant, be handled outside of the formal PAB and ACC complaint process..</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Complaints from the public handled through mediation shall be:</text>
      <paragraph num="(a)">
        <text>Tracked with other citizen complaints; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Reported to the PAB.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Complaints Not Eligible for Mediation. A law enforcement agency shall complete a thorough investigation upon receipt of a complaint of alleged police officer misconduct, which is not eligible for mediation, as prescribed pursuant to Public Safety Article, §§3-102 and 3-103, Annotated Code of Maryland.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Upon completion of an investigation involving a member of the public, the law enforcement agency shall forward to the ACC the investigative files for the matter and any agency head recommendations within 3 business days of the date the:</text>
    <paragraph num="(1)">
      <text>Law enforcement agency completed its investigation and agency review; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Agency head of the law enforcement agency completes the agency review and issues a written recommendation regarding the imposition of discipline consideration by the ACC.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Recommendation by Agency Head of the Law Enforcement Agency.</text>
    <paragraph num="(1)">
      <text>An agency head may include a written recommendation for the ACC to consider regarding the matter under investigation.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The written recommendation may include an agency head’s:</text>
      <paragraph num="(a)">
        <text>Opinion regarding whether the police officer should be disciplined;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Explanation of aggravating or mitigating factors or circumstances; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Recommendation for a remedial measure, if the ACC determines not to impose administrative charges against the police officer.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>If an agency head believes that discipline is warranted, based on the facts presented in the investigation, an agency head may make a specific recommendation for discipline in accordance with the Uniform State Disciplinary Matrix, as approved by the Police Training and Standards Commission under Public Safety Article, §3-105, Annotated Code of Maryland.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Except as set forth in §F of this regulation, for any alleged police misconduct involving a member of the public and a police officer:</text>
    <paragraph num="(1)">
      <text>The investigating unit shall complete its investigation and forward its findings to the administrative charging committee within 334 days after the filing of a complaint by a member of the public or initiation of a complaint by the law enforcement agency in the absence of a complaint by a member of the public;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The administrative charging committee shall review the administrative findings and make a determination or ask for further investigation within 30 days after receipt; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The process of review and investigation by the investigating unit, through disposition by the administrative charging committee, shall be completed within 395 days after the filing of a complaint by a member of the public.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Where alleged police officer misconduct is the subject of a criminal investigation, an administrative charging committee or law enforcement agency shall file any administrative charges within 1 year and 1 day after the date of:</text>
    <paragraph num="(1)">
      <text>The investigating law enforcement agency’s timely determination that the matter is not related to criminal activity;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The disposition of all criminal charges filed against the police officer; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The administrative charging committee’s or law enforcement agency’s receipt of timely notice that the appropriate prosecutorial authority declined to file criminal charges.</text>
    </paragraph>
  </paragraph>
</regulation>