WILLIAM DONALD SCHAEFER, Governor

Ch. 232

(2)  If the Secretary, or Governor's designee,
determines that a violation has not occurred, the complaint shall
be dismissed.

(3)  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] TAKING disciplinary

action against the employee found to have caused the
violation . ; OR

(V) TAKING 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, Title 10, Subtitle
2 of the State Government Article, when:

(1)  The complainant or the appointing authority
challenges the findings of the initial investigation of a
complaint;

(2)  The complainant challenges the adequacy of the
corrective action taken by the Secretary; or

(3)  The Secretary, or Governor's designee, fails to
issue findings within [90] 45 60 days of the filing of ' a
complaint and the complainant requests a hearing.

(b)  (1) Testimony taken at the hearing shall be under oath
and recorded, and any party may be represented by counsel.

(2) At the earliest practicable date, a written
decision and reasons therefor shall be issued.

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