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Ch. 600 2006 LAWS OF MARYLAND
actions and the costs of appeals to the Office of Administrative Hearings.
BY repealing and reenacting, with amendments,
Article - State Personnel and Pensions
Section 11-110
Annotated Code of Maryland
(2004 Replacement Volume and 2005 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - State Personnel and Pensions
11-110.
(a) (1) Within 10 days after receiving a decision under § 11-109 of this
subtitle, an employee or an employee's representative may appeal the decision in
writing to the Secretary.
(2) An appeal shall state, to the extent possible, the issues of fact and
law that are the basis for the appeal.
(b) Within 30 days after receiving an appeal, the Secretary or designee shall:
(1) (i) mediate a settlement between the employee and the unit; or
(ii) refer the appeal to the Office of Administrative Hearings; and
(2) advise the employee in writing of the Secretary's action.
(c) (1) Within 30 days after receiving the appeal, the Office of
Administrative Hearings shall schedule a hearing and notify the parties of the
hearing date.
(2) The Office of Administrative Hearings shall dispose of the appeal or
conduct a hearing on each appeal in accordance with Title 10, Subtitle 2 of the State
Government Article. The Office is bound by any regulation, declaratory ruling, prior
adjudication, or other settled, preexisting policy, to the same extent as the
Department is or would have been bound if it were hearing the case.
(d) (1) Except as otherwise provided by this subtitle, the Office of
Administrative Hearings may:
(i) uphold the disciplinary action;
(ii) rescind or modify the disciplinary action taken and restore to
the employee any lost time, compensation, status, or benefits; or
(iii) order:
1. reinstatement to the position that the employee held at
dismissal;
2. full back pay; or
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