2522                                  LAWS OF MARYLAND                                Ch. 726

grievance heard by the Secretary of Personnel, the Secretary
shall render his written decision within 45 days after the
hearing is held by him or his authorized representative or
within 45 days after all legal memoranda or briefs have been

filed in the grievance hearing.____In the event of

arbitration, the parties shall select an arbitrator by
mutual agreement. If they are unable to reach a mutual
agreement, an arbitrator shall be supplied by the American
Arbitration Association in accordance with its procedures.
Any fees resulting from arbitration shall be assessed by the
arbitrator equally between the two parties. The decision of
the arbitrator shall be advisory to the Secretary of
Personnel and no additional appeals or hearings may be
considered. The Secretary of Personnel shall make the final
decision which shall be binding on all parties. The written
decision of the Secretary shall be rendered within 15 days
after the receipt of the decision of the arbitrator.

(6) (B) THE SECRETARY OF PERSONNEL SHALL HAVE
THE POWER TO ORDER AN APPOINTING AUTHORITY TO GRANT BACK PAY
IN ANY GRIEVANCE AND AN APPOINTING AUTHORITY SHALL ENFORCE
ANY SUCH ORDER.

(7) (C) IN ANY RECLASSIFICATION CASE IN WHICH
THE SECRETARY OF PERSONNEL OR HIS AUTHORIZED REPRESENTATIVE
DETERMINES THAT AN EMPLOYEE IS ENTITLED TO BACK PAY BECAUSE
THE EMPLOYEE HAS BEEN MISCLASSIFIED OR HAS BEEN WORKING OUT
OF CLASSIFICATION, THE SECRETARY MAY, IN HIS DISCRETION?
AWARD BACK PAY TO THE EMPLOYEE FOR A PERIOD NOT TO EXCEED
ONE YEAR PRIOR TO THE INITIAL FILING OF THE GRIEVANCE.

56.

[In any administrative or judicial proceeding held
pursuant to this or any other article or pursuant to the
rules and regulations of the Secretary of Personnel, where
charges for separation, disciplinary suspensions, and
involuntary demotions of State employees are to be
adjudicated, the defense of sovereign immunity is not
available to the appointing authority.]

(A)  IN THIS SECTION THE "STATE" INCLUDES ANY OFFICER,
DEPARTMENT, AGENCY, BOARD, COMMISSION, APPOINTING AUTHORITY,
OR OTHER UNIT OF STATE GOVERNMENT.

(B)  THE DEFENSE OF SOVEREIGN IMMUNITY MAY NOT BE
AVAILABLE TO THE STATE, UNLESS OTHERWISE SPECIFICALLY
PROVIDED BY THE LAWS OF MARYLAND, IN ANY ADMINISTRATIVE,
ARBITRATION, OR JUDICIAL PROCEEDING HELD PURSUANT TO THIS OR
ANY OTHER ARTICLE, TO THE RULES AND REGULATIONS OF THE
SECRETARY OF PERSONNEL, OR THE PERSONNEL POLICIES, RULES,
AND REGULATIONS FOR CLASSIFIED EMPLOYEES OF THE UNIVERSITY
OF MARYLAND INVOLVING ANY TYPE OF EMPLOYEE GRIEVANCE OR
HEARING, INCLUDING, BUT NOT LIMITED TO, CHARGES FOR REMOVAL,
DISCIPLINARY SUSPENSIONS, INVOLUNTARY DEMOTIONS, OR
RECLASSIFICATIONS.