HARRY HUGHES, Governor

3001

(III)  NOTICE OF THE RIGHT TO REFUSE TO
RESPOND IF A RESPONSE MIGHT TEND TO BE INCRIMINATING; AND

(IV)  NOTICE THAT THE MATTER HAS BEEN
REFERRED TO A PROSECUTORIAL AGENCY.

(D) (1) UPON COMPLETION OF THE INVESTIGATION, THE
SECRETARY SHALL DETERMINE WHETHER A VIOLATION OF § 12G HAS
OCCURRED.

(2)  IF THE SECRETARY DETERMINES THAT A VIOLATION
HAS NOT OCCURRED, THE COMPLAINT SHALL BE DISMISSED.

(3) UPON DETERMINING THAT A VIOLATION HAS

OCCURRED, THE SECRETARY MAY:

(I) TAKE ANY CORRECTIVE ACTION NECESSARY
TO ELIMINATE FROM THE OFFICIAL STATE PERSONNEL RECORD OF THE
COMPLAINANT ANY DETRIMENT RESULTING FROM THE VIOLATION;

(II) HIRE, REINSTATE, OR TERMINATE THE
SUSPENSION OF THE COMPLAINANT;

(III) AWARD BACK PAY TO THE DATE OF THE
VIOLATION; AND

(IV) TAKE APPROPRIATE ACTION WITH RESPECT
TO THE EMPLOYEE OF THE APPOINTING AUTHORITY FOUND TO HAVE
CAUSED THE VIOLATION.

(3)  UPON DETERMINING THAT A VIOLATION HAS
OCCURRED, THE SECRETARY SHALL TAKE REMEDIAL ACTION
CONSISTENT WITH THE PURPOSES OF THIS ARTICLE, INCLUDING BUT
NOT LIMITED TO;

(I)  ELIMINATING FROM THE COMPLAINANT'S
STATE PERSONNEL RECORD ANY DETRIMENTAL INSERTION RESULTING
FROM THE VIOLATION;

(II)  HIRING, REINSTATING, PROMOTING, OR
TERMINATING THE SUSPENSION OF THE COMPLAINANT;

(III)  AWARDING BACK PAY TO THE DATE OF THE
VIOLATION; OR

(IV)  MAKING APPROPRIATE RECOMMENDATIONS TO
THE APPOINTING AUTHORITY WITH RESPECT TO DISCIPLINARY ACTION
AGAINST THE EMPLOYEE FOUND TO HAVE CAUSED THE VIOLATION.

12-I.

(A) THE SECRETARY SHALL HOLD A HEARING CONSISTENT WITH
THE PROCEDURAL STANDARDS OF THE ADMINISTRATIVE PROCEDURE
ACT, ARTICLE 41, §§ 252 THROUGH 254, WHEN:

(1) THE COMPLAINANT OR THE APPOINTING AUTHORITY
CHALLENGES THE FINDINGS OF THE SECRETARY'S INITIAL
INVESTIGATION OF A COMPLAINT;