1242                             Laws of Maryland                      [Ch. 580

by the Maryland State government in excess of three hundred fifty
dollars per participating employee in any six-month period for tui-
tion and related fees, is retained by the Secretary.

(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 Secretary shall be available 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 an-
other employee on the promotional eligible list. The Secretary, may
at his discretion, waive this provision provided a previously approved
career development program has been filed and approved by the
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 educa-
tion on their own time and at their own expense.

(4)    Limitations. Except as provided for in this subsection (5)
below, the following limitations shall apply:

(A)    The number of employees annually in out-service training
for each department in any fiscal year shall not exceed ten per cent
of the total number of employees employed by the department for
that year.

(B)    No employee having less than one year of service with the
State of Maryland shall be eligible for out-service training, unless
such training is part of the approved career development plan for
the employee.

(C)    In the first ten-year period of an employee's continuous
service following the date of his initial entry into State service and
in each ten-year period of service thereafter, the time spent by an
employee in out-service training shall not exceed one year.

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

(B) If a waiver of limitations is desired, a written request for
the waiver must be forwarded to the Secretary at least thirty calen-
dar days prior to the beginning of training. The request for waiver
must be signed by the department or agency head and should include
the following items: