1. A. Complaint Eligibility.

   1. (1) A nonviolent complaint of a minor nature is eligible for mediation if it falls into one of the following categories:

      1. (a) Violation category A, as stated in COMAR 12.04.10.04D(2); or
      2. (b) Violation category B, as stated in COMAR 12.04.10.04D(3).

   2. (2) A law enforcement agency shall review the nature of the complaint and determine if mediation is appropriate, based on the following factors:

      1. (a) Type and severity of the alleged violation;
      2. (b) Circumstances of the alleged police misconduct; and
      3. (c) Work history and past disciplinary record of the involved police officer.
   3. (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.

2. B. Complaints Not Eligible.

   1. (1) A complaint of police misconduct that involves any level of force is not eligible for mediation.

   2. (2) A complaint is not eligible for mediation if it falls into one of the following categories:

      1. (a) Violation category C, as stated in COMAR 12.04.10.04D(4);
      2. (b) Violation category D, as stated in COMAR 12.04.10.04D(5);
      3. (c) Violation category E, as stated in COMAR 12.04.10.04E(6); or
      4. (d) Violation category F, as stated in COMAR 12.04.10.04D(7).
3. C. A complaint of police misconduct not eligible for mediation shall be handled through the process set forth in COMAR 12.04.09.

Authority: Public Safety Article, §§3-207 and 3-208, Annotated Code of Maryland

Effective date: March 20, 2023 (50:5 Md. R. 182)