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Ch. 584 2005 LAWS OF MARYLAND
Article - State Personnel and Pensions
12-205.
(a) (1) Within 10 days after receiving a decision under § 12-204 of this
subtitle, a grievant or a grievant's representative may appeal the decision in writing
to the Secretary.
(2) An appeal shall include a copy of the decision being appealed and any
prior decisions.
(b) (1) Within 30 days after an appeal is received, the Secretary or designee
shall:
(i) review the grievance record;
(ii) if the grievance is based on a position reclassification, order an
audit of the position if it has not been audited within the last year; and
(iii) take the action described in paragraph (2) of this subsection and
give the parties written notice of that action.
(2) (i) If the Secretary or designee does not concur with the decision of
the unit, the Secretary or designee shall attempt to resolve the grievance with a
settlement that is binding on all parties.
(ii) THE SECRETARY OR DESIGNEE SHALL DETERMINE WHETHER
THE PRINCIPAL UNIT THAT EMPLOYS THE GRIEVANT WILL ACCEPT A SETTLEMENT.
(III) If the grievance is not settled, the Secretary or designee shall
refer the grievance to the Office of Administrative Hearings.
(c) (1) (i) The Office of Administrative Hearings shall dispose of the
grievance or conduct a hearing on each grievance received from the Secretary in
accordance with Title 10, Subtitle 2 of the State Government Article.
(ii) 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.
(iii) The employee has the burden of proof by a preponderance of the
evidence.
(2) (i) Within 45 days after the close of the hearing record, the Office
of Administrative Hearings shall issue a written decision to the parties and may grant
any appropriate remedy under § 12-402 of this title.
(ii) The decision of the Office of Administrative Hearings is the
final administrative decision.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2005.
Approved May 26, 2005.
- 3326 -
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