3000

LAWS OF MARYLAND

Ch. 850

(B) AN EMPLOYEE OR APPLICANT FOR EMPLOYMENT SHALL HAVE
THE SAME PROTECTIONS PROVIDED IN SUBSECTION (A) OF THIS
SECTION REGARDING ANY DISCLOSURE WHICH IS SPECIFICALLY
PROHIBITED BY LAW IF THE DISCLOSURE IS MADE EXCLUSIVELY TO
THE ATTORNEY GENERAL AS PROVIDED IN § 12J OF THIS SUBTITLE.

12H.

(A)  THE SECRETARY OF PERSONNEL SHALL DEVELOP RULES AND
PROCEDURES FOR THE HANDLING AND RESOLUTION OF ALLEGATIONS OF
VIOLATIONS OF THIS SUBTITLE AND OF PERSONNEL ACTIONS IN
WHICH A VIOLATION OF THIS SUBTITLE IS ASSERTED.

(B) (1) AN EMPLOYEE OR APPLICANT FOR EMPLOYMENT MAY
CHARGE AN APPOINTING AUTHORITY WITH A VIOLATION OF § 12G OF
THIS SUBTITLE IN A COMPLAINT FILED WITH THE SECRETARY OF
PERSONNEL. THE SECRETARY SHALL NOTIFY THE APPOINTING
AUTHORITY OF THE COMPLAINT AND SHALL PROVIDE AN OPPORTUNITY
FOR THE AUTHORITY TO RESPOND TO THE COMPLAINT IN WRITING.

(2) THE APPOINTING AUTHORITY SHALL INVESTIGATE
ANY DISCLOSURE MADE BY THE COMPLAINANT AND SHALL REPORT ITS
FINDINGS TO THE SECRETARY AS SOON AS PRACTICABLE. ANY
ACTION TAKEN IN RESPONSE TO THE DISCLOSURE SHALL BE INCLUDED
IN THE REPORT OF FINDINGS.

(C) (1) THE SECRETARY SHALL INVESTIGATE ALL COMPLAINTS
FILED PURSUANT TO SUBSECTION (B) OF THIS SECTION. THE
SECRETARY SHALL PROMPTLY SEND A COPY OF A COMPLAINT TO ANY
PERSON NAMED IN THE COMPLAINT AS HAVING VIOLATED THIS
SUBTITLE.

(2) IF A COMPLAINT ALLEGES THAT AN INDIVIDUAL
HAS ENGAGED IN CRIMINAL CONDUCT, OR IF IN THE COURSE OF AN
INVESTIGATION EVIDENCE OF CRIMINAL CONDUCT IS REVEALED, THE

SECRETARY SHALL REFER THE MATTER TO AN APPROPRIATE

PROSECUTORIAL AGENCY.

(2)  IF THE SECRETARY, IN THE COURSE OF
INVESTIGATING A COMPLAINT, FINDS THAT THERE ARE REASONABLE
GROUNDS TO BELIEVE THAT A CRIMINAL OFFENSE HAS BEEN
COMMITTED, THE MATTER SHALL BE REFERRED PROMPTLY TO AN
APPROPRIATE PROSECUTING AUTHORITY. THE SECRETARY SHALL MAKE
AVAILABLE TO THE PROSECUTING AUTHORITY ALL PERTINENT
EVIDENCE UNDER HIS CONTROL.

(3)  WHENEVER THE SECRETARY INVESTIGATES REFERS
ANY EVIDENCE OF CRIMINAL CONDUCT, HE SHALL NOTIFY THE
INDIVIDUAL ALLEGED TO HAVE ENGAGED IN THE CONDUCT. THIS
NOTICE SHALL CONTAIN:

(I)  A STATEMENT OF THE ALLEGATION:

(II)  NOTICE OF THE RIGHT TO OBTAIN LEGAL
REPRESENTATION;