Section 7-306 - Hearing conducted by hearing examiner. - Maryland Statutes

§ 7-306. Hearing conducted by hearing examiner.
 

(a)  Assignment of hearing examiners; conduct of proceedings.-  

(1) The chairperson of the Commission shall assign hearing examiners, or commissioners acting as hearing examiners, as required to hear cases for parole. 

(2) Each proceeding before a hearing examiner shall be conducted in accordance with this section. 

(b)  Record.- The Commission shall keep a record of each hearing conducted by a hearing examiner. 

(c)  Determination by hearing examiner.- A hearing examiner shall determine if an inmate is suitable for parole in accordance with the factors and other information specified in § 7-305 of this subtitle. 

(d)  Recommendations and report of hearing examiner; exceptions.-  

(1) At the conclusion of the hearing, the hearing examiner shall inform the inmate of the hearing examiner's recommendation for parole or denial of parole. 

(2) Within 21 days after the hearing, the hearing examiner shall give to the Commission, the Commissioner of Correction, and the inmate a written report of the hearing examiner's findings and recommendation for parole or denial of parole. 

(3) The Commissioner of Correction or the inmate may file with the Commission written exceptions to the report of a hearing examiner no later than 5 days after the report is received. 

(e)  Review of recommendation of hearing examiner.-  

(1) Subject to paragraph (2) of this subsection, one commissioner assigned by the chairperson of the Commission shall review summarily the recommendation of the hearing examiner. 

(2) (i) The Commission, on its own initiative or on the filing of an exception, may schedule a hearing on the record by the entire Commission or by a panel of at least two commissioners assigned by the chairperson of the Commission. 

(ii) The Commission or panel shall render a written decision on the appeal. 

(iii) The decision of the Commission or panel is final. 

(3) If an exception is not filed and the Commission does not act on its own initiative within the 5-day appeal period established under subsection (d)(3) of this section, the recommendation of the hearing examiner is approved. 
 

[An. Code 1957, art. 41, § 4-508(a), (b), (c), (d)(1)-(3), (e); 1999, ch. 54, § 2; ch. 64.]