Marvin Mandel, Governor                         163

available through the various agencies of the State and can be
secured on a loan basis. The training division of the office of the
[Commissioner] Secretary is also available to help agencies to locate
appropriate films, tapes, slides and similar type items for use in
training programs.

(k) Out-service training.—(1) Authorization of Outside Train-
ing (A) The [Commissioner] Secretary may delegate the authority
to department heads to approve employee out-service training pro-
vided the following conditions are met:

(1)    Training does not exceed one hundred and twenty class-
room hours per each six months;

(2)    Tuition and related fees do not exceed three hundred and
fifty dollars per participating employee per each six months;

(3)    The agency has certified within fifteen work days after the
out-service training has started, that the training is in accordance
with policies, procedures, and regulations of the State.

(B) Authority to approve employee's participating in any single
outside training program, in excess of one hundred and twenty hours
duration for any six-month period or which involves expenditures
by the Maryland State government in excess of three hundred fifty
dollars per participating employee in any six-month period for
tuition and related fees, is retained by the [Commissioner] Secre-
tary.

(2)    Determination Requirements. Training of employees,
through out-service training, may be authorized or recommended
only after a determination by the department concerned that em-
ployees who are already trained cannot be utilized as instructors and
that adequate training is not reasonably available in other State
agencies. The office of the [Commissioner] Secretary shall be avail-
able for advice and assistance in making this determination.

(3)    Prohibited Purposes. (A) Out-service training for the pur-
pose of filling a position by promotion is prohibited if there is
another employee on the promotional eligible list. The [Commis-
sioner] Secretary, may at his discretion, waive this provision pro-
vided a previously approved career development program has been
filed and approved by the [Commissioner] Secretary.

(B)    The selection of an employee for out-service training or the
payment or reimbursement by the State of Maryland of the costs of
such training is prohibited either for the purpose of providing an
opportunity to such employee to obtain an academic degree which
is not in accord with his career development plan.

(C)    The expenditure of funds for out-service training for the
purpose of raising the general educational level of an employee is
not considered to be a legitimate and responsible function of the
State and is prohibited. Employees seeking "general education" as
opposed to necessary training" should be encouraged to obtain such
education on their own time and at their own expense.

(5) Waivers of Limitation. (A) Limitations may be waived
by the [Commissioner] Secretary upon a finding that the post-
ponement of the training would be contrary to the approved career
development plan for the employee concerned or such other reason as
the [Commissioner] Secretary considers sufficient.