3582

LAWS OF MARYLAND

Ch. 769

33.

(A)  (1) An employee may be permanently separated from the
classified service through resignation, rejection on probation or
removal, and may be temporarily separated through layoff,
suspension or leave of absence.

(2) The Secretary of Personnel shall by rule
prescribe what shall constitute resignation.

(B)  (1) (I) The appointing authority may at any time before
the expiration of the probation period reject any person
appointed to a position in his department upon statement in
writing to the Secretary of Personnel of the cause for rejection;
the probation period shall be for a period not exceeding 90 days,
except for positions higher than the pay scale numbered 7 on
January 1, 1967, in which positions the probation period shall be
for a period not exceeding six months, unless the appointing
authority shall suggest and the Secretary shall approve a longer
period, which shall in no event under any circumstances,
including changes of job classifications, exceed six months,
except for positions higher than the pay scale numbered 12 on
January 1, 1967, in which positions the period of probation shall
not exceed one year, provided that no appointing authority shall
have power to remove a probationer who has been appointed by
promotion from another class without the consent of the
Secretary.

(II) The employee so rejected shall be
considered permanently separated from such position, but the
Secretary may keep the name of the person thus rejected on the
eligible list from which he was appointed for future
certification to another position in the class to which the list
applies.

(2) (I) No employee who has completed his probation
may be permanently removed from the classified service except for
cause, upon written charges and after an opportunity to be heard
in his own defense.

(II)   Such charges may be filed by the
appointing authority or by any citizen, provided, however, that
no such charges may be filed by a citizen, without the consent of
the appointing authority or of the Secretary, and such charge
shall within ninety days after filing, be heard, investigated and
determined by the Secretary or by some person or board appointed
by the Secretary to hear, investigate and determine the same.

(III)  The Secretary of Personnel shall render
his decision within 45 days after a hearing is held before him or
his authorized representative or within 45 days after all legal
memoranda or briefs have been filed.

(C)  The finding and decision of the Secretary or of such
person or board when approved by the Secretary shall be final,