HARRY HUGHES, Governor                                    1593

DESIGNEE shall make available to the prosecuting authority all
pertinent evidence under his control.

(3) Whenever the Secretary, OR GOVERNOR'S DESIGNEE,
refers any evidence of criminal conduct, he shall notify the
individual alleged to have engaged in the conduct. This notice
shall contain:

(i) A statement of the allegation;

(ii) Notice of the right to obtain legal
representation;

(iii) Notice of the right to refuse to respond
if a response might tend to be incriminating; and

(iv) Notice that the matter has been referred
to a prosecutorial agency.

(d) (1) Upon completion of the investigation, the
Secretary, OR GOVERNOR'S DESIGNEE, shall determine whether a
violation of § 12G has occurred.

(2)  If the Secretary, OR GOVERNOR'S DESIGNEE,
determines that a violation has not occurred, the complaint shall
be dismissed.

(3)  [Upon determining that a violation has occurred,]

IF THE SECRETARY, OR GOVERNOR'S DESIGNEE, DETERMINES THAT A

VIOLATION HAS OCCURRED, the Secretary shall take remedial action
consistent with the purposes of this article, including but not
limited to:

(i) Eliminating from the complainant's State
personnel record any detrimental insertion resulting from the
violation;

(ii) Hiring, reinstating, promoting, or
terminating the suspension of the complainant;

(iii) Awarding back pay to the date of the
violation; or

(iv) Making appropriate recommendations to the
appointing authority with respect to disciplinary action against
the employee found to have caused the violation.

12-I.

(a) The Secretary, OR GOVERNOR'S DESIGNEE OTHER THAN THE
DESIGNEE WHO HAS CONDUCTED THE INVESTIGATION UNDER § 12H OF THIS

ARTICLE, shall hold a hearing consistent with the procedural
standards of the Administrative Procedure Act, Article 41, §§ 252
through 254, when: