3994

VETOES

(II) SUBMIT A WRITTEN REPORT OF THE BOARD'S
DETERMINATION TO THE SECRETARY.

(3) ON THE EMPLOYEE'S OR APPLICANT'S OWN INITIATIVE
OR AT THE REQUEST OF THE BOARD, THE EMPLOYEE OR APPLICANT MAY
SUBMIT INFORMATION OR PRESENT TESTIMONY TO THE BOARD.

(4) IF THE BOARD DETERMINES THAT THE EMPLOYEE OR
APPLICANT IS ABLE TO PERFORM THE ESSENTIAL DUTIES AND FUNCTIONS
OF THE POSITION WHEN PROVIDED WITH REASONABLE ACCOMODATION, THE
SECRETARY MAY NOT DISQUALIFY THE EMPLOYEE OR APPLICANT.

(F)(1) THE SECRETARY MAY APPOINT AN EMERGENCY EMPLOYEE,
UNDER § 24(B) OF THIS ARTICLE, TO ANY VACANCY CREATED BY THE
OPERATION OF THIS SECTION.

(2) THE SECRETARY SHALL:

(I) ADOPT RULES AND REGULATIONS CONSISTENT WITH
THIS SECTION;

(II) REPEAL RULES AND REGULATIONS THAT CONFLICT
WITH THIS SECTION; AND

(III) CONSULT WITH THE GOVERNOR'S OFFICE FOR
HANDICAPPED INDIVIDUALS IN DEVELOPING RULES AND REGULATIONS
GOVERNING THIS SECTION.

(A) BEFORE A PERSON MAY BE DENIED A POSITION IN STATE
EMPLOYMENT FOR MEDICAL REASONS, THE SECRETARY OR A DESIGNEE OF
THE SECRETARY SHALL DOCUMENT , IN WRITING;

(1) THAT REASONABLE ACCOMMODATIONS WERE CONSIDERED;

(2) THE SPECIFIC ACCOMMODATIONS THE ACCOMMODATIONS
THAT WERE CONSIDERED; AND

(3) THE REASONS THE ACCOMMODATIONS WERE DETERMINED TO
BE UNREASONABLE FOR REFUSING THE ACCOMMODATIONS.

(B) IN DECIDING WHETHER AN ACCOMMODATION IS REASONABLE, THE
SECRETARY OR A DESIGNEE OF THE SECRETARY SHALL USE AS A REFERENCE

THE RELEVANT PROVISIONS OF ANY GUIDELINES ON HANDICAP

DISCRIMINATION ADOPTED BY THE MARYLAND COMMISSION ON HUMAN
RELATIONS STATE LAW AND REGULATIONS.

(3) (C) Nothing herein contained, however, shall
prevent the Secretary from adopting reasonable minimum and/or
maximum age requirements for positions such as policemen,
firemen, prison guard, or other positions which require
extraordinary physical effort, except where age limits for such
positions are already prescribed by law.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1986.