§ 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.