2620

LAWS OF MARYLAND

Ch. 493

performed by a contractual employee should be performed by an
employee in the classified service, he shall refuse to renew the
certificate issued under subsection (b); and he shall recommend
to the Department of Budget and Fiscal Planning that a classified
position be established.

[(g)] (H) If, as the result of an audit pursuant to
subsection (e), the Secretary determines that the guidelines
required under subsection (d) have not been followed, he shall
advise the contracting authority as to the nature of the
deviation from the guidelines, and he shall suggest to the
contracting authority alternate methods or criteria which would
have resulted in compliance with the guidelines.

[(h)] (I) The provisions of this section do not apply to

the contractual employment of any type designated by the

Secretary of Personnel to be exempt from provisions of this
section.

[(i)] (J) The Secretary of Personnel shall include the
following information in the annual reports required by Section
10 of this article:

(1)  A summary by department of all certificates
issued pursuant to subsection (b) during the previous fiscal
year;

(2)  A summary of the results of audits undertaken
pursuant to subsection (e) during the previous fiscal year;

(3)  A detailed report of any actions taken under
subsections (f) and (g) during the previous fiscal year; and

(4)  A listing of any exemptions granted under
subsection (h) during the previous fiscal year.

51B.

(A)  WHENEVER THE SECRETARY REPLACES A CONTRACTUAL POSITION
IS REPLACED WITH A BUDGETED POSITION, SUBJECT TO SUBSECTION (B)
OF THIS SECTION, A CONTRACTUAL EMPLOYEE WHO HAS 24 CONTINUOUS
MONTHS OF SATISFACTORY CONTINUOUS SERVICE AS OF THE DATE OF
REPLACEMENT MAY TRANSFER TO THE BUDGETED POSITION IN THE STATE
CLASSIFIED OR UNCLASSIFIED SERVICE.

(B)  BEFORE APPOINTMENT TO THE BUDGETED POSITION, ANY
EMPLOYEE PROPOSED FOR TRANSFER UNDER THIS SECTION SHALL:

(1)  RECEIVE A FAVORABLE PERFORMANCE EVALUATION BY THE
DEPARTMENT APPOINTING AUTHORITY; AND

(2)  EXCEPT IN THOSE INSTANCES WHERE THAT
CLASSIFICATION DOES NOT REQUIRE TESTING, PASS THE MERIT SYSTEM
TEST FOR THAT CLASSIFICATION.