2878                                          LAWS OF MARYLAND                                     Ch. 1000

(A)           (1)         IN THIS SECTION THE FOLLOWING WORDS HAVE
THE MEANINGS INDICATED.

(2)          "CONTRACTUAL EMPLOYEE" MEANS A PERSON
PROVIDING PERSONAL SERVICES TO THE STATE FOR REMUNERATION
PROVIDED THAT:

(I)          THE SERVICES AND REMUNERATION ARE
SPECIFIED IN AN AGREEMENT;

(II)       AN EMPLOYER-EMPLOYEE RELATIONSHIP
EXISTS; AND

(III)  THE PERSON IS NOT EMPLOYED AS A
CLASSIFIED, UNCLASSIFIED OR TEMPORARY EXTRA EMPLOYEE.

(3)    "EMPLOYER-EMPLOYEE RELATIONSHIP" MEANS
CONDITIONS OF EMPLOYMENT SUCH THAT:

(I)    THE STATE HAS THE RIGHT TO CONTROL
AND DIRECT THE PERFORMANCE OF SERVICES, NOT ONLY AS TO
RESULTS BUT ALSO AS TO DETAILS AND MEANS;

(II)   THE STATE HAS THE RIGHT TO DISCHARGE
THE EMPLOYEE; AND

(III)  THE STATE FURNISHES NECESSARY TOOLS
AND A PLACE TO WORK.

(B)    AN AGENCY OF THE EXECUTIVE MAY NOT EXECUTE OR
RENEW A CONTRACT FOR THE EMPLOYMENT OF A CONTRACTUAL
EMPLOYEE UNLESS:

(1)    THE SECRETARY OF PERSONNEL HAS ISSUED A
CERTIFICATION TO THE AGENCY THAT:

(I) THE      EMPLOYMENT OF THE CONTRACTUAL

EMPLOYEE IS FOR SERVICES     THAT COULD NOT BE RENDERED BY

ASSIGNMENT OR HIRING OF     A CLASSIFIED OR UNCLASSIFIED
EMPLOYEE; AND

(II)   THE RATE OF REMUNERATION FOR THE
CONTRACTUAL EMPLOYEE IS COMPARABLE TO THE RATE PAID FOR
POSITIONS IN THE CLASSIFIED OR UNCLASSIFIED SERVICE
INVOLVING COMPARABLE DUTIES, RESPONSIBILITIES, EXPERIENCE,
AND AUTHORITY; OR

(2)    THE CONTRACTUAL EMPLOYMENT IS EXEMPT FROM
CERTIFICATION PURSUANT TO THIS SECTION.

(C)    THE SECRETARY MAY LIMIT THE EFFECTIVE TERM OF THE
CERTIFICATION REQUIRED UNDER SUBSECTION (B), BUT IN NO EVENT
MAY THE SECRETARY ISSUE A CERTIFICATION WITH AN EFFECTIVE
TERM WHICH EXCEEDS THE TERM OF THE EMPLOYMENT CONTRACT OR
AGREEMENT BETWEEN THE EXECUTIVE AGENCY AND THE CONTRACTUAL
EMPLOYEE.

(D) RECRUITMENT AND SELECTION OF ANY CONTRACTUAL