Administrative Hearing Board
Administrative Hearing Board (hereinafter "AHB" or "trial board") proceedings are rooted in administrative law, not criminal law, and it is paramount that AHB members recognize that underpinning. For instance, hearing boards are not subject to the often rigid evidentiary and procedural rules that are rooted in traditional court proceedings.
Further, it is the duty of trial board members to consider the facts of a case without bias or prejudice and to render a decision based only on the evidence presented by the parties. Finally, Administrative Hearing Board members should be guided by fundamental rules of fairness, equity, and due process.
As noted above, pursuant to HB670, each Administrative Hearing Board must be composed of an administrative law judge or retired judge from the District or Circuit Court, one civilian member, and an officer of equal rank to the officer subject to the complaint. With this composition, an Administrative Hearing Board is quasi-judicial in nature. As such, it is empowered to make factual findings, decide questions of law, and make determinations of guilt or innocence based on the facts properly submitted before it.
Role of the Hearing Board Members
Members of the AHB are the sole judges of the facts. It is their duty to review the evidence, determine the credibility of the witnesses, resolve any conflicts that may arise during the hearing, and determine the weight of the evidence. In resolving these issues, no one is permitted to invade the province or function of the AHB members