HARRY HUGHES, Governor

3583

and shall be certified to the appointing authority and shall be
forthwith enforced by such authority.

(D) (1) The Secretary shall, by rule, prescribe what may
constitute cause for removal, but no removal shall be allowed
because of the religious or political opinions or affiliations of
any employee.

(2) The provisions of this section shall apply to the
demotion of an employee as described in § 31 of this article.

(E)  (1) IF AN EMPLOYEE IS SUSPENDED WITHOUT PAY PENDING A
HEARING ON DISPOSITION OF CHARGES FOR REMOVAL, THE APPOINTING
AUTHORITY SHALL INFORM THE EMPLOYEE IN WRITING OF THE REASONS FOR
THE SUSPENSION AT THE TIME OF THE NOTICE OF THE SUSPENSION.

(2)  WITHIN 5 WORKING DAYS OF THE NOTICE OF SUSPENSION
THE EMPLOYEE MAY REQUEST IN WRITING THAT THE SECRETARY OF
PERSONNEL TO CONDUCT A PRELIMINARY HEARING TO DETERMINE WHETHER
OR NOT THE EMPLOYEE MAY CONTINUE TO WORK WITH PAY PENDING THE
DISPOSITION OF THE CHARGES. THIS PRELIMINARY HEARING SHALL BE
DIFFERENT FROM IS IN ADDITION TO THE HEARING OF ON THE MERITS
DESCRIBED AS PROVIDED IN SUBSECTION (B) OF THIS SECTION.

(3)  THE SUBJECT OF THE PRELIMINARY HEARING SHALL BE
LIMITED TO THE REASONS FOR THE SUSPENSION OF THE EMPLOYEE ISSUES
OF WHETHER OR NOT SUSPENSION WITHOUT PAY IS NECESSARY TO PROTECT
THE INTERESTS OF THE STATE OR THE EMPLOYEE PENDING FINAL
DISPOSITION OF THE CHARGES, AND WHETHER OTHER EMPLOYMENT AND
STATUS ALTERNATIVES SHOULD BE CONSIDERED. THE EMPLOYEE SHALL
HAVE THE RIGHT AT THE PRELIMINARY HEARING, THE EMPLOYEE MAY:

(I)  TO REBUT THE REASONS FOR SUSPENSION GIVEN
REBUT THE REASONS GIVEN FOR THE SUSPENSION;

(II)  TO ALLEGE MITIGATING CIRCUMSTANCES; AND

(III)  TO OFFER ALTERNATIVES TO THE SUSPENSION,
INCLUDING BUT NOT LIMITED TO:

1.  RETURN TO THE POSITION WITH PAY;

2.  TRANSFER TO ANOTHER POSITION WITH PAY;
OR

3.  SUSPENSION WITH PAY.

(4)  THE SECRETARY OR HIS DESIGNEE SHALL CONDUCT A
PRELIMINARY HEARING WITHIN 5 WORKING DAYS AFTER THE SECRETARY
RECEIVES IN WRITING THE REQUEST FROM THE SUSPENDED EMPLOYEE FOR
THE PRELIMINARY HEARING.

(5) THE SECRETARY MAY DELEGATE THE AUTHORITY TO
CONDUCT A PRELIMINARY HEARING TO ANOTHER MEMBER OR BOARD OF THE
DEPARTMENT OF PERSONNEL AS DESIGNATED BY THE SECRETARY.