Ch. 543

LAWS OF MARYLAND

(D) (1) AN APPOINTING AUTHORITY MAY REQUEST CERTIFICATION
OF AN ELIGIBLE WITH SPECIFIC JOB-RELATED QUALIFICATIONS OR FOR A
SPECIFIC GEOGRAPHIC AREA. THE APPOINTING AUTHORITY'S WRITTEN
REQUEST FOR SELECTIVE CERTIFICATION SHALL INCLUDE THE REASONS FOR
SELECTIVE CERTIFICATION, INCLUDING THE DUTIES OF THE POSITION
THAT REQUIRE SPECIFIC JOB-RELATED QUALIFICATIONS. THE REQUEST MAY
BE APPROVED OR DENIED BY THE SECRETARY. IF THE SECRETARY APPROVES
A REQUEST FOR SELECTIVE CERTIFICATION, THE CERTIFICATION MAY BE
LIMITED TO PERSONS WHO MEET THOSE SPECIFIC JOB-RELATED
QUALIFICATIONS OR WHO HAVE INDICATED AVAILABILITY FOR THE
SPECIFIED GEOGRAPHIC AREA FOR THAT PARTICULAR POSITION.

(2) THE APPOINTING AUTHORITY SHALL TRANSMIT TO THE
SECRETARY WITH THE REQUEST FOR SELECTIVE CERTIFICATION A
STATEMENT CERTIFYING THAT THE REQUEST IS NOT SUBMITTED ON THE
BASIS OF RACE, COLOR, POLITICAL AFFILIATION, RELIGION, CREED,
NATIONAL ORIGIN, ANCESTRY, MARITAL STATUS, OR SEX.

18.

(e) Promotion is a change from one class to another class
with a higher maximum compensation, and vacancies shall be filled
by promotion as far as is consistent with the best interests of
the classified service, in the judgment of the Secretary.
[Unclassified employees shall have the same right as classified
employees to take promotional examinations for positions in the
classified service, providing they have the necessary
qualifications; and shall also have the right to be temporarily
appointed to such positions, when qualified, under the provisions
of § 24(a) of this Article.]

(I) AN APPLICANT MAY CHALLENGE IN WRITING ANY TEST ITEM
WITHIN 10 WORKING DAYS FROM THE DATE OF THE EXAMINATION. THE
SECRETARY OR THE DESIGNEE OF THE SECRETARY SHALL CONSIDER ANY

TIMELY CHALLENGE. THE DECISION OF THE SECRETARY OR THE

SECRETARY'S DESIGNEE IN THIS MATTER IS NOT SUBJECT TO THE
ADMINISTRATIVE PROCEDURE ACT.

22.

(a) (1) The Secretary of Personnel shall [prepare]
PROMULGATE a list of eligibles consisting of the names of persons
[whose general average and whose marks on any part of the
examination exceed the minimum set by the rules of the Secretary]
WHOSE SCORES EXCEED THE MINIMUM SET BY THE SECRETARY and shall
[publicly post such list in his office] PROVIDE FOR ADEQUATE
PUBLICATION OF THESE LISTS. Eligible lists shall continue in
force for one year from the date of [posting] PROMULGATION and
may be extended by the Secretary by action taken before the
expiration of such year, [and entered in the minutes] provided,
however, that the Secretary shall have power at any time[,] after
a public hearing and notice as prescribed by § 20 of this
article, to cancel the whole or any part of any eligible list by

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