76 - Efficiency or fitness examining boards and medical examining boards; procedure.

§ 76. Efficiency  or  fitness  examining  boards and medical examining  boards; procedure.  Efficiency or fitness examining boards  and  medical  examining  boards  appointed  by the governor are hereby vested with the  powers and immunities of courts of inquiry  and  courts-martial.    Such  boards shall follow the practice and procedure prescribed by regulations  issued  pursuant  to this chapter.  Any officer ordered to appear before  such a board shall be allowed to appear in  person  or  by  counsel,  if  provided  by  him  at his own expense, to cross-examine witnesses and to  call witnesses on his behalf.  He shall at all stages of the  proceeding  be allowed full access to records pertinent to his case and be furnished  with  copies of the same.  Failure to appear before any such board shall  be sufficient ground for a  finding  by  such  board  that  the  officer  ordered to appear be discharged.  If the findings of any board appointed  by  the  governor or under applicable laws and regulations of the United  States are unfavorable to an officer and are  approved  as  provided  by  applicable  laws  and  regulations  of  the  state or United States, the  governor shall relieve the officer from duty and may  discharge  him  in  such  manner  and  form as the governor may deem appropriate; or, in the  discretion of the governor, such officer may be transferred to the state  reserve list or the state retired list in accordance with the provisions  of this chapter.