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ROBERT L. EHRLICH, JR., Governor S.B. 784
Senate Bill No. 784
AN ACT concerning
State Personnel - Disciplinary Actions - Costs of Appeals to the Office of
Administrative Hearings
FOR the purpose of requiring principal units that employ certain employees who
appeal certain decisions concerning certain disciplinary actions to pay the costs
related to the appeal incurred by the Office of Administrative Hearings;
providing for a delayed effective date; and generally relating to disciplinary
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.
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