# COMAR Title 12 — Department of Public Safety and Correctional Services

## Subtitle 04 — Police Training and Standards Commission

### Chapter 11 — Police Complaint Mediation Program

#### Regulation .06 Complaints Eligible for Mediation.

*COMAR 12.04.11.06*

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.