enforcement agency employing the law enforcement 
officer. 
‘‘(8) REPRESENTATION.—During a disciplinary 
hearing, the law enforcement officer who is the sub-
ject of the hearing shall be entitled to due process, 
including— 
‘‘(A) the right to be represented by counsel 
or a representative; 
‘‘(B) the right to confront and examine all 
witnesses against the officer; and 
‘‘(C) the right to call and examine wit-
nesses on behalf of the officer. 
‘‘(9) HEARING BOARD AND PROCEDURE.— 
‘‘(A) IN GENERAL.—A State or local gov-
ernment agency, other than the law enforce-
ment agency employing the officer who is sub-
ject of the disciplinary hearing, shall— 
‘‘(i) determine the composition of an 
independent and impartial disciplinary 
hearing board; 
‘‘(ii) appoint an independent and im-
partial hearing officer; and 
‘‘(iii) establish such procedures as 
may be necessary to comply with this sec-
tion.
‘‘(B) PEER REPRESENTATION ON DISCIPLI-
NARY HEARING BOARD.—A disciplinary hearing 
board that includes employees of the law en-
forcement agency employing the law enforce-
ment officer who is the subject of the hearing, 
shall include not less than 1 law enforcement 
officer of equal or lesser rank to the officer who 
is the subject of the hearing. 
‘‘(10) SUMMONSES AND SUBPOENAS.— 
‘‘(A) IN GENERAL.—The disciplinary hear-
ing board or independent hearing officer— 
‘‘(i) shall have the authority to issue 
summonses or subpoenas, on behalf of— 
‘‘(I) the law enforcement agency 
employing the officer who is the sub-
ject of the hearing; or 
‘‘(II) the law enforcement officer 
who is the subject of the hearing; and 
‘‘(ii) upon written request of either 
the agency or the officer, shall issue a 
summons or subpoena, as appropriate, to 
compel the appearance and testimony of a 
witness or the production of documentary 
evidence.
‘‘(B) EFFECT
OF
FAILURE
TO
COMPLY 
WITH SUMMONS OR SUBPOENA.—With respect 
to any failure to comply with a summons or a 
subpoena issued under subparagraph (A)— 
‘‘(i) the disciplinary hearing officer or 
board shall petition a court of competent 
jurisdiction to issue an order compelling 
compliance; and 
‘‘(ii) subsequent failure to comply 
with such a court order issued pursuant to 
a petition under clause (i) shall— 
‘‘(I) be subject to contempt of a 
court proceedings according to the 
laws of the jurisdiction within which 
the disciplinary hearing is being con-
ducted; and 
‘‘(II) result in the recess of the 
disciplinary hearing until the witness 
becomes available to testify and does 
testify or is held in contempt. 
‘‘(11) CLOSED HEARING.—A disciplinary hear-
ing shall be closed to the public unless the law en-
forcement officer who is the subject of the hearing 
requests, in writing, that the hearing be open to 
specified individuals or to the general public.
‘‘(12) RECORDING.—All aspects of a discipli-
nary hearing, including pre-hearing motions, shall be 
recorded by audio tape, video tape, or transcription. 
‘‘(13) SEQUESTRATION OF WITNESSES.—Either 
side in a disciplinary hearing may move for and be 
entitled to sequestration of witnesses. 
‘‘(14) TESTIMONY UNDER OATH.—The hearing 
officer or board shall administer an oath or affirma-
tion to each witness, who shall testify subject to the 
laws of perjury of the State in which the disciplinary 
hearing is being conducted. 
‘‘(15) FINAL DECISION ON EACH CHARGE.— 
‘‘(A) IN GENERAL.—At the conclusion of 
the presentation of all the evidence and after 
oral or written argument, the hearing officer or 
board shall deliberate and render a written final 
decision on each charge. 
‘‘(B) 
FINAL
DECISION
ISOLATED
TO 
CHARGE
BROUGHT.—The hearing officer or 
board may not find that the law enforcement 
officer who is the subject of the hearing is liable 
for disciplinary action for any violation of law, 
as to which the officer was not charged.
‘‘(16) BURDEN OF PERSUASION AND STANDARD 
OF PROOF.—The burden of persuasion or standard 
of proof of the prosecuting agency shall be— 
‘‘(A) by clear and convincing evidence as to 
each charge alleging false statement or rep-
resentation, fraud, dishonesty, deceit, moral 
turpitude, or criminal behavior on the part of 
the law enforcement officer who is the subject 
of the charge; and 
‘‘(B) by a preponderance of the evidence as 
to all other charges. 
‘‘(17) FACTORS OF JUST CAUSE TO BE CONSID-
ERED BY THE HEARING OFFICER OR BOARD.—A law 
enforcement officer who is the subject of a discipli-
nary hearing shall not be found guilty of any charge 
or subjected to any disciplinary action unless the 
disciplinary hearing board or independent hearing 
officer finds that— 
‘‘(A) the officer who is the subject of the 
charge could reasonably be expected to have 
had knowledge of the probable consequences of 
the alleged conduct set forth in the charge 
against the officer;