1. Suspension or revocation. The board of trustees:
A. Shall, no later than March 1st of every year, beginning in 2001, review the certification of all law enforcement and corrections officers and decertify those individuals who do not meet certification or recertification requirements; [1997, c. 395, Pt. O, §6 (RPR).]
B. May suspend or revoke the certificate issued pursuant to former section 2803, 2805 or 2805-A or section 2803-A, 2804-B, 2804-C or 2804-D of any person who:
(1) Has been found guilty of murder or any crime classified in state law as a Class A, Class B, Class C or Class D crime or a violation of any provision of the Maine Criminal Code, chapter 15, 19, 25 or 45;
(2) Has engaged in conduct that is prohibited or penalized by state law as murder or a Class A, Class B, Class C or Class D crime or by any provision of the Maine Criminal Code, chapter 15, 19, 25 or 45;
(3) Has been found guilty of conduct specified in subparagraph (2) in another state or other jurisdiction, unless that conduct is not punishable as a crime under the laws of that state or other jurisdiction in which it occurred;
(4) Has engaged in conduct specified in subparagraph (2) in another state or other jurisdiction, unless that conduct is not punishable as a crime under the laws of that state or other jurisdiction in which it occurred;
(5) Has falsified or misrepresented material facts in obtaining or maintaining the certificate;
(6) Has engaged in conduct that violates the standards established by the board pursuant to section 2803-B, subsection 1, as long as the conduct, when viewed in light of the nature and purpose of the person's conduct and circumstances known to the person, involves a gross deviation from the standard of conduct that a reasonable and prudent law enforcement officer would observe in the same situation; or
(7) Has engaged in a sexual act, as defined in Title 17-A, section 251, subsection 1, paragraph C, or in sexual contact, as defined in Title 17-A, section 251, subsection 1, paragraph D with another person, not the person's spouse, if at the time of the sexual act or sexual contact:
(a) The officer was engaged in an investigation or purported investigation involving an allegation of abuse, as defined in Title 19, section 762, subsection 1 and in Title 19-A, section 4002, subsection 1;
(b) The other person was the alleged victim of that abuse;
(c) The parties did not have a preexisting and ongoing sexual relationship that included engaging in any sexual act or sexual contact; and
(d) Fewer than 60 days had elapsed since the officer initially became involved in the investigation or purported investigation; and [1997, c. 402, §1 (AMD).]
C. Shall investigate a complaint, on its own motion or otherwise, regarding the failure of a law enforcement or corrections officer to comply with the requirements of section 2804-D, 2804-E or 2804-F, and any rules adopted under those sections. The board may, upon notice, conduct an informal conference with the officer. If the board finds that the factual basis of the complaint is true and that further action is warranted, it may take the following action:
(1) Enter into a consent agreement with the officer, which agreement may contain provisions to ensure compliance, including voluntary surrender of the certificate and terms and conditions of recertification; or
(2) Refer the complaint to the Attorney General for action in the District Court. [1997, c. 402, §2 (AMD); 1999, c. 547, Pt. B, §78 (AMD); 1999, c. 547, Pt. B, §80 (AFF).]
[ 1997, c. 395, Pt. O, §6 (AMD); 1997, c. 402, §§1, 2 (AMD); 1999, c. 547, Pt. B, §78 (AMD); 1999, c. 547, Pt. B, §80 (AFF) .]
1-A. Investigation and notice of complaints. Before proceeding with a hearing to suspend or revoke a law enforcement or corrections officer's certification under subsection 1, paragraph B, subparagraph (2), (4) or (6), the board shall notify the chief administrative officer of the agency employing the officer that the board is contemplating suspension or revocation of the officer's certification. The chief administrative officer shall investigate the alleged conduct and report its findings to the board within 30 days of receiving notice of the board's contemplation of suspension or revocation. The board shall proceed with any suspension or revocation action it determines appropriate after receiving the chief administrative officer's report. This subsection does not preclude a chief administrative officer from investigating conduct that may give rise to grounds for suspension or revocation before receiving a request for an investigation from the board, provided that the chief administrative officer notifies the board following that investigation if the investigation reveals reasonable cause to believe that an officer has engaged in conduct described in subsection 1, paragraph B, subparagraph (2), (4) or (6). Nothing in this subsection precludes the board from investigating conduct of a law enforcement officer on its own or referring a matter of such conduct to another agency for investigation. Whenever a chief administrative officer of an agency employing an officer has a duty to investigate alleged conduct of an officer or has the authority to investigate alleged conduct of an officer pursuant to this subsection, and the chief administrative officer decides to investigate, the chief administrative officer or the officer who is the subject of the investigation may petition the complaint review committee of the board for an independent investigation by the Department of the Attorney General or another agency approved by the board.
[ 1997, c. 42, §2 (AMD) .]
2. Procedure. For action taken by the board under subsection 1, the procedure is as follows:
A. For subsection 1, paragraph A and subsection 1, paragraph B, subparagraph (2), (4), (5), (6) or (7):
(1) In accordance with Title 5, chapter 375, subchapter 4; or
(2) Upon notice, through conducting an informal conference with the officer. If the board finds the factual basis of the complaint is true and that further action is warranted, it may enter into a consent agreement with the officer, which may contain provisions including voluntary surrender of the certificate and terms and conditions of recertification; [2005, c. 331, §26 (AMD).]
B. For subsection 1, paragraph B, subparagraph (1) or (3), in accordance with Title 5, section 10004; and [2005, c. 331, §27 (AMD).]
C. For subsection 1, paragraph C, in accordance with Title 5, chapter 375, subchapter VI. [RR 1991, c. 2, §97 (COR).]
[ 2005, c. 331, §§26, 27 (AMD) .]
3. Procedure.
[ 1979, c. 261, §4 (RP) .]
3-A. Judicial review; stay of revocation. Any party aggrieved by a final decision of the board of trustees shall be entitled to judicial review in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter VII. Notwithstanding Title 5, section 11004, no suspension of law enforcement powers, nor any prohibition of employment as a corrections officer, shall become effective until 30 days after receipt of notice of the final decision by the party so aggrieved. If the aggrieved party shall petition the Superior Court for review within such 30-day period, no suspension shall take effect until the petition is heard in the Superior Court.
[ 1979, c. 261, §5 (NEW) .]
4. Decisions and notification.
[ 1979, c. 261, §6 (RP) .]
4-A. Injunction. In the event of any continued violation of section 2804-B, 2804-C, 2804-D, 2804-E or 2804-F subsequent to a final decision by the board of trustees or judicial review by the Superior Court, the Attorney General may institute injunction proceedings to enjoin that continued violation.
[ 1989, c. 521, §§10, 17 (AMD) .]
5. Appeal procedure.
[ 1979, c. 261, §8 (RP) .]
6. Injunction.
[ 1979, c. 261, §8 (RP) .]
7. Recertification. A person whose certificate has been revoked under subsection 1, paragraph B, may apply to the board for reinstatement of certification if:
A. The certificate was revoked for a cause other than engaging in conduct that is prohibited or penalized by state law as murder; or as a Class A, Class B or Class C crime; or for equivalent conduct in another state or other jurisdiction; [1991, c. 790, §5 (NEW).]
B. At least 3 years have elapsed since revocation of the certificate; and [1991, c. 790, §5 (NEW).]
C. A law enforcement agency has indicated a commitment to hire the officer if the officer is certified. [1991, c. 790, §5 (NEW).]
The granting of certification under this subsection is governed by Maine Criminal Justice Academy rules relating to certification. The officer is subject to all training requirements applicable to persons whose certification has lapsed.
[ 1991, c. 790, §5 (NEW) .]
8. Confidentiality; access to documents. All complaints, charges or accusations of misconduct, replies to those complaints, charges or accusations and any other information or materials that may result in suspension or revocation of a certificate of eligibility are confidential. If action is taken pursuant to Title 5, chapter 375, subchapter IV, the board shall issue a written decision. This decision must state the conduct or other facts on the basis of which action is being taken and the reason for that action. Once issued, the written decision is not confidential regardless of whether it is appealed under subsection 3-A.
[ 1993, c. 551, §5 (NEW) .]
SECTION HISTORY
1973, c. 672, §4 (NEW). 1977, c. 701, §9 (AMD). 1979, c. 261, §§3-8 (AMD). 1983, c. 244, §§6,7 (AMD). 1989, c. 521, §§9,10,17 (AMD). RR 1991, c. 2, §97 (COR). 1991, c. 451, (AMD). 1991, c. 790, §§1-5 (AMD). 1993, c. 551, §§4,5 (AMD). 1993, c. 744, §§12-14 (AMD). 1995, c. 462, §A49 (AMD). 1997, c. 42, §2 (AMD). 1997, c. 395, §O6 (AMD). 1997, c. 402, §§1,2 (AMD). 1999, c. 547, §B78 (AMD). 1999, c. 547, §B80 (AFF). 2005, c. 331, §§26,27 (AMD).
1. Suspension or revocation. The board of trustees:
A. Shall, no later than March 1st of every year, beginning in 2001, review the certification of all law enforcement and corrections officers and decertify those individuals who do not meet certification or recertification requirements; [1997, c. 395, Pt. O, §6 (RPR).]
B. May suspend or revoke the certificate issued pursuant to former section 2803, 2805 or 2805-A or section 2803-A, 2804-B, 2804-C or 2804-D of any person who:
(1) Has been found guilty of murder or any crime classified in state law as a Class A, Class B, Class C or Class D crime or a violation of any provision of the Maine Criminal Code, chapter 15, 19, 25 or 45;
(2) Has engaged in conduct that is prohibited or penalized by state law as murder or a Class A, Class B, Class C or Class D crime or by any provision of the Maine Criminal Code, chapter 15, 19, 25 or 45;
(3) Has been found guilty of conduct specified in subparagraph (2) in another state or other jurisdiction, unless that conduct is not punishable as a crime under the laws of that state or other jurisdiction in which it occurred;
(4) Has engaged in conduct specified in subparagraph (2) in another state or other jurisdiction, unless that conduct is not punishable as a crime under the laws of that state or other jurisdiction in which it occurred;
(5) Has falsified or misrepresented material facts in obtaining or maintaining the certificate;
(6) Has engaged in conduct that violates the standards established by the board pursuant to section 2803-B, subsection 1, as long as the conduct, when viewed in light of the nature and purpose of the person's conduct and circumstances known to the person, involves a gross deviation from the standard of conduct that a reasonable and prudent law enforcement officer would observe in the same situation; or
(7) Has engaged in a sexual act, as defined in Title 17-A, section 251, subsection 1, paragraph C, or in sexual contact, as defined in Title 17-A, section 251, subsection 1, paragraph D with another person, not the person's spouse, if at the time of the sexual act or sexual contact:
(a) The officer was engaged in an investigation or purported investigation involving an allegation of abuse, as defined in Title 19, section 762, subsection 1 and in Title 19-A, section 4002, subsection 1;
(b) The other person was the alleged victim of that abuse;
(c) The parties did not have a preexisting and ongoing sexual relationship that included engaging in any sexual act or sexual contact; and
(d) Fewer than 60 days had elapsed since the officer initially became involved in the investigation or purported investigation; and [1997, c. 402, §1 (AMD).]
C. Shall investigate a complaint, on its own motion or otherwise, regarding the failure of a law enforcement or corrections officer to comply with the requirements of section 2804-D, 2804-E or 2804-F, and any rules adopted under those sections. The board may, upon notice, conduct an informal conference with the officer. If the board finds that the factual basis of the complaint is true and that further action is warranted, it may take the following action:
(1) Enter into a consent agreement with the officer, which agreement may contain provisions to ensure compliance, including voluntary surrender of the certificate and terms and conditions of recertification; or
(2) Refer the complaint to the Attorney General for action in the District Court. [1997, c. 402, §2 (AMD); 1999, c. 547, Pt. B, §78 (AMD); 1999, c. 547, Pt. B, §80 (AFF).]
[ 1997, c. 395, Pt. O, §6 (AMD); 1997, c. 402, §§1, 2 (AMD); 1999, c. 547, Pt. B, §78 (AMD); 1999, c. 547, Pt. B, §80 (AFF) .]
1-A. Investigation and notice of complaints. Before proceeding with a hearing to suspend or revoke a law enforcement or corrections officer's certification under subsection 1, paragraph B, subparagraph (2), (4) or (6), the board shall notify the chief administrative officer of the agency employing the officer that the board is contemplating suspension or revocation of the officer's certification. The chief administrative officer shall investigate the alleged conduct and report its findings to the board within 30 days of receiving notice of the board's contemplation of suspension or revocation. The board shall proceed with any suspension or revocation action it determines appropriate after receiving the chief administrative officer's report. This subsection does not preclude a chief administrative officer from investigating conduct that may give rise to grounds for suspension or revocation before receiving a request for an investigation from the board, provided that the chief administrative officer notifies the board following that investigation if the investigation reveals reasonable cause to believe that an officer has engaged in conduct described in subsection 1, paragraph B, subparagraph (2), (4) or (6). Nothing in this subsection precludes the board from investigating conduct of a law enforcement officer on its own or referring a matter of such conduct to another agency for investigation. Whenever a chief administrative officer of an agency employing an officer has a duty to investigate alleged conduct of an officer or has the authority to investigate alleged conduct of an officer pursuant to this subsection, and the chief administrative officer decides to investigate, the chief administrative officer or the officer who is the subject of the investigation may petition the complaint review committee of the board for an independent investigation by the Department of the Attorney General or another agency approved by the board.
[ 1997, c. 42, §2 (AMD) .]
2. Procedure. For action taken by the board under subsection 1, the procedure is as follows:
A. For subsection 1, paragraph A and subsection 1, paragraph B, subparagraph (2), (4), (5), (6) or (7):
(1) In accordance with Title 5, chapter 375, subchapter 4; or
(2) Upon notice, through conducting an informal conference with the officer. If the board finds the factual basis of the complaint is true and that further action is warranted, it may enter into a consent agreement with the officer, which may contain provisions including voluntary surrender of the certificate and terms and conditions of recertification; [2005, c. 331, §26 (AMD).]
B. For subsection 1, paragraph B, subparagraph (1) or (3), in accordance with Title 5, section 10004; and [2005, c. 331, §27 (AMD).]
C. For subsection 1, paragraph C, in accordance with Title 5, chapter 375, subchapter VI. [RR 1991, c. 2, §97 (COR).]
[ 2005, c. 331, §§26, 27 (AMD) .]
3. Procedure.
[ 1979, c. 261, §4 (RP) .]
3-A. Judicial review; stay of revocation. Any party aggrieved by a final decision of the board of trustees shall be entitled to judicial review in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter VII. Notwithstanding Title 5, section 11004, no suspension of law enforcement powers, nor any prohibition of employment as a corrections officer, shall become effective until 30 days after receipt of notice of the final decision by the party so aggrieved. If the aggrieved party shall petition the Superior Court for review within such 30-day period, no suspension shall take effect until the petition is heard in the Superior Court.
[ 1979, c. 261, §5 (NEW) .]
4. Decisions and notification.
[ 1979, c. 261, §6 (RP) .]
4-A. Injunction. In the event of any continued violation of section 2804-B, 2804-C, 2804-D, 2804-E or 2804-F subsequent to a final decision by the board of trustees or judicial review by the Superior Court, the Attorney General may institute injunction proceedings to enjoin that continued violation.
[ 1989, c. 521, §§10, 17 (AMD) .]
5. Appeal procedure.
[ 1979, c. 261, §8 (RP) .]
6. Injunction.
[ 1979, c. 261, §8 (RP) .]
7. Recertification. A person whose certificate has been revoked under subsection 1, paragraph B, may apply to the board for reinstatement of certification if:
A. The certificate was revoked for a cause other than engaging in conduct that is prohibited or penalized by state law as murder; or as a Class A, Class B or Class C crime; or for equivalent conduct in another state or other jurisdiction; [1991, c. 790, §5 (NEW).]
B. At least 3 years have elapsed since revocation of the certificate; and [1991, c. 790, §5 (NEW).]
C. A law enforcement agency has indicated a commitment to hire the officer if the officer is certified. [1991, c. 790, §5 (NEW).]
The granting of certification under this subsection is governed by Maine Criminal Justice Academy rules relating to certification. The officer is subject to all training requirements applicable to persons whose certification has lapsed.
[ 1991, c. 790, §5 (NEW) .]
8. Confidentiality; access to documents. All complaints, charges or accusations of misconduct, replies to those complaints, charges or accusations and any other information or materials that may result in suspension or revocation of a certificate of eligibility are confidential. If action is taken pursuant to Title 5, chapter 375, subchapter IV, the board shall issue a written decision. This decision must state the conduct or other facts on the basis of which action is being taken and the reason for that action. Once issued, the written decision is not confidential regardless of whether it is appealed under subsection 3-A.
[ 1993, c. 551, §5 (NEW) .]
SECTION HISTORY
1973, c. 672, §4 (NEW). 1977, c. 701, §9 (AMD). 1979, c. 261, §§3-8 (AMD). 1983, c. 244, §§6,7 (AMD). 1989, c. 521, §§9,10,17 (AMD). RR 1991, c. 2, §97 (COR). 1991, c. 451, (AMD). 1991, c. 790, §§1-5 (AMD). 1993, c. 551, §§4,5 (AMD). 1993, c. 744, §§12-14 (AMD). 1995, c. 462, §A49 (AMD). 1997, c. 42, §2 (AMD). 1997, c. 395, §O6 (AMD). 1997, c. 402, §§1,2 (AMD). 1999, c. 547, §B78 (AMD). 1999, c. 547, §B80 (AFF). 2005, c. 331, §§26,27 (AMD).
1. Suspension or revocation. The board of trustees:
A. Shall, no later than March 1st of every year, beginning in 2001, review the certification of all law enforcement and corrections officers and decertify those individuals who do not meet certification or recertification requirements; [1997, c. 395, Pt. O, §6 (RPR).]
B. May suspend or revoke the certificate issued pursuant to former section 2803, 2805 or 2805-A or section 2803-A, 2804-B, 2804-C or 2804-D of any person who:
(1) Has been found guilty of murder or any crime classified in state law as a Class A, Class B, Class C or Class D crime or a violation of any provision of the Maine Criminal Code, chapter 15, 19, 25 or 45;
(2) Has engaged in conduct that is prohibited or penalized by state law as murder or a Class A, Class B, Class C or Class D crime or by any provision of the Maine Criminal Code, chapter 15, 19, 25 or 45;
(3) Has been found guilty of conduct specified in subparagraph (2) in another state or other jurisdiction, unless that conduct is not punishable as a crime under the laws of that state or other jurisdiction in which it occurred;
(4) Has engaged in conduct specified in subparagraph (2) in another state or other jurisdiction, unless that conduct is not punishable as a crime under the laws of that state or other jurisdiction in which it occurred;
(5) Has falsified or misrepresented material facts in obtaining or maintaining the certificate;
(6) Has engaged in conduct that violates the standards established by the board pursuant to section 2803-B, subsection 1, as long as the conduct, when viewed in light of the nature and purpose of the person's conduct and circumstances known to the person, involves a gross deviation from the standard of conduct that a reasonable and prudent law enforcement officer would observe in the same situation; or
(7) Has engaged in a sexual act, as defined in Title 17-A, section 251, subsection 1, paragraph C, or in sexual contact, as defined in Title 17-A, section 251, subsection 1, paragraph D with another person, not the person's spouse, if at the time of the sexual act or sexual contact:
(a) The officer was engaged in an investigation or purported investigation involving an allegation of abuse, as defined in Title 19, section 762, subsection 1 and in Title 19-A, section 4002, subsection 1;
(b) The other person was the alleged victim of that abuse;
(c) The parties did not have a preexisting and ongoing sexual relationship that included engaging in any sexual act or sexual contact; and
(d) Fewer than 60 days had elapsed since the officer initially became involved in the investigation or purported investigation; and [1997, c. 402, §1 (AMD).]
C. Shall investigate a complaint, on its own motion or otherwise, regarding the failure of a law enforcement or corrections officer to comply with the requirements of section 2804-D, 2804-E or 2804-F, and any rules adopted under those sections. The board may, upon notice, conduct an informal conference with the officer. If the board finds that the factual basis of the complaint is true and that further action is warranted, it may take the following action:
(1) Enter into a consent agreement with the officer, which agreement may contain provisions to ensure compliance, including voluntary surrender of the certificate and terms and conditions of recertification; or
(2) Refer the complaint to the Attorney General for action in the District Court. [1997, c. 402, §2 (AMD); 1999, c. 547, Pt. B, §78 (AMD); 1999, c. 547, Pt. B, §80 (AFF).]
[ 1997, c. 395, Pt. O, §6 (AMD); 1997, c. 402, §§1, 2 (AMD); 1999, c. 547, Pt. B, §78 (AMD); 1999, c. 547, Pt. B, §80 (AFF) .]
1-A. Investigation and notice of complaints. Before proceeding with a hearing to suspend or revoke a law enforcement or corrections officer's certification under subsection 1, paragraph B, subparagraph (2), (4) or (6), the board shall notify the chief administrative officer of the agency employing the officer that the board is contemplating suspension or revocation of the officer's certification. The chief administrative officer shall investigate the alleged conduct and report its findings to the board within 30 days of receiving notice of the board's contemplation of suspension or revocation. The board shall proceed with any suspension or revocation action it determines appropriate after receiving the chief administrative officer's report. This subsection does not preclude a chief administrative officer from investigating conduct that may give rise to grounds for suspension or revocation before receiving a request for an investigation from the board, provided that the chief administrative officer notifies the board following that investigation if the investigation reveals reasonable cause to believe that an officer has engaged in conduct described in subsection 1, paragraph B, subparagraph (2), (4) or (6). Nothing in this subsection precludes the board from investigating conduct of a law enforcement officer on its own or referring a matter of such conduct to another agency for investigation. Whenever a chief administrative officer of an agency employing an officer has a duty to investigate alleged conduct of an officer or has the authority to investigate alleged conduct of an officer pursuant to this subsection, and the chief administrative officer decides to investigate, the chief administrative officer or the officer who is the subject of the investigation may petition the complaint review committee of the board for an independent investigation by the Department of the Attorney General or another agency approved by the board.
[ 1997, c. 42, §2 (AMD) .]
2. Procedure. For action taken by the board under subsection 1, the procedure is as follows:
A. For subsection 1, paragraph A and subsection 1, paragraph B, subparagraph (2), (4), (5), (6) or (7):
(1) In accordance with Title 5, chapter 375, subchapter 4; or
(2) Upon notice, through conducting an informal conference with the officer. If the board finds the factual basis of the complaint is true and that further action is warranted, it may enter into a consent agreement with the officer, which may contain provisions including voluntary surrender of the certificate and terms and conditions of recertification; [2005, c. 331, §26 (AMD).]
B. For subsection 1, paragraph B, subparagraph (1) or (3), in accordance with Title 5, section 10004; and [2005, c. 331, §27 (AMD).]
C. For subsection 1, paragraph C, in accordance with Title 5, chapter 375, subchapter VI. [RR 1991, c. 2, §97 (COR).]
[ 2005, c. 331, §§26, 27 (AMD) .]
3. Procedure.
[ 1979, c. 261, §4 (RP) .]
3-A. Judicial review; stay of revocation. Any party aggrieved by a final decision of the board of trustees shall be entitled to judicial review in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter VII. Notwithstanding Title 5, section 11004, no suspension of law enforcement powers, nor any prohibition of employment as a corrections officer, shall become effective until 30 days after receipt of notice of the final decision by the party so aggrieved. If the aggrieved party shall petition the Superior Court for review within such 30-day period, no suspension shall take effect until the petition is heard in the Superior Court.
[ 1979, c. 261, §5 (NEW) .]
4. Decisions and notification.
[ 1979, c. 261, §6 (RP) .]
4-A. Injunction. In the event of any continued violation of section 2804-B, 2804-C, 2804-D, 2804-E or 2804-F subsequent to a final decision by the board of trustees or judicial review by the Superior Court, the Attorney General may institute injunction proceedings to enjoin that continued violation.
[ 1989, c. 521, §§10, 17 (AMD) .]
5. Appeal procedure.
[ 1979, c. 261, §8 (RP) .]
6. Injunction.
[ 1979, c. 261, §8 (RP) .]
7. Recertification. A person whose certificate has been revoked under subsection 1, paragraph B, may apply to the board for reinstatement of certification if:
A. The certificate was revoked for a cause other than engaging in conduct that is prohibited or penalized by state law as murder; or as a Class A, Class B or Class C crime; or for equivalent conduct in another state or other jurisdiction; [1991, c. 790, §5 (NEW).]
B. At least 3 years have elapsed since revocation of the certificate; and [1991, c. 790, §5 (NEW).]
C. A law enforcement agency has indicated a commitment to hire the officer if the officer is certified. [1991, c. 790, §5 (NEW).]
The granting of certification under this subsection is governed by Maine Criminal Justice Academy rules relating to certification. The officer is subject to all training requirements applicable to persons whose certification has lapsed.
[ 1991, c. 790, §5 (NEW) .]
8. Confidentiality; access to documents. All complaints, charges or accusations of misconduct, replies to those complaints, charges or accusations and any other information or materials that may result in suspension or revocation of a certificate of eligibility are confidential. If action is taken pursuant to Title 5, chapter 375, subchapter IV, the board shall issue a written decision. This decision must state the conduct or other facts on the basis of which action is being taken and the reason for that action. Once issued, the written decision is not confidential regardless of whether it is appealed under subsection 3-A.
[ 1993, c. 551, §5 (NEW) .]
SECTION HISTORY
1973, c. 672, §4 (NEW). 1977, c. 701, §9 (AMD). 1979, c. 261, §§3-8 (AMD). 1983, c. 244, §§6,7 (AMD). 1989, c. 521, §§9,10,17 (AMD). RR 1991, c. 2, §97 (COR). 1991, c. 451, (AMD). 1991, c. 790, §§1-5 (AMD). 1993, c. 551, §§4,5 (AMD). 1993, c. 744, §§12-14 (AMD). 1995, c. 462, §A49 (AMD). 1997, c. 42, §2 (AMD). 1997, c. 395, §O6 (AMD). 1997, c. 402, §§1,2 (AMD). 1999, c. 547, §B78 (AMD). 1999, c. 547, §B80 (AFF). 2005, c. 331, §§26,27 (AMD).
