Ch. 543

LAWS OF MARYLAND

(II) THE SECRETARY OR THE SECRETARY'S DESIGNEE
SHALL TAKE THE WRITTEN RESPONSE INTO CONSIDERATION WHEN DECIDING
WHETHER THE PERSON'S NAME SHOULD BE REMOVED FROM THE ELIGIBLE
LIST.

(4)  THE SECRETARY MAY REFUSE TO EXAMINE AN APPLICANT
OR TO CERTIFY AN APPLICANT WHO HAS BEEN EXAMINED IF THE
APPLICANT:

(I)  IS FOUND TO LACK THE REQUIREMENTS FOR
ADMISSION TO THE EXAMINATION OR FOR APPOINTMENT TO THE POSITION;

(II)  IS FOUND TO HAVE A PHYSICAL OR MENTAL
DISABILITY WHICH PRECLUDES PERFORMANCE OF THE JOB;

(III)  HAS INTENTIONALLY FALSIFIED INFORMATION
PRESENTED IN THE APPLICATION; OR

(IV)  HAS BEEN DECEPTIVE OR FRAUDULENT IN ANY
PHASE OF THE EXAMINATION OR APPOINTMENT PROCESS.

(5)  (I) A PERSON MAY NOT BE DISQUALIFIED PURSUANT TO
PARAGRAPH (4) OF THIS SUBSECTION UNLESS A WRITTEN EXPLANATION IS
ISSUED AND THE PERSON IS GIVEN AN OPPORTUNITY TO SUBMIT A
REBUTTAL AND MEET WITH THE SECRETARY OR THE SECRETARY'S DESIGNEE.

(II)  NOTWITHSTANDING THE PROVISIONS OF THIS
SUBSECTION, THE SECRETARY MAY INVESTIGATE THE QUALIFICATIONS AND
BACKGROUND OF A PERSON AFTER AN APPOINTMENT IS MADE. IF
FRAUDULENT OR IRREGULAR INFORMATION IS DISCOVERED SUBSEQUENT TO
AN APPOINTMENT, THE SECRETARY MAY REVOKE THE CERTIFICATION,
WITHDRAW THE OFFER AND APPOINTMENT, AND DIRECT THAT EMPLOYMENT BE
TERMINATED. IN ORDER TO TERMINATE PERMANENT EMPLOYEES WHO HAVE
COMPLETED AN ORIGINAL PROBATION, THE APPOINTING AUTHORITY MUST
FILE CHARGES FOR REMOVAL UNDER § 33 OF THIS ARTICLE.

(III)  EXCEPT IN THE CASE OF FRAUD, THE STATUTE
OF LIMITATIONS FOR DECERTIFYING ELIGIBLE CANDIDATES AND
TERMINATING EMPLOYMENT FOR VIOLATIONS CITED IN THIS SUBSECTION
SHALL BE 3 YEARS.

27.

(A) THE SECRETARY SHALL RECOMMEND TO THE GOVERNOR A PAY
PLAN FOR ALL CLASSIFIED AND UNCLASSIFIED POSITIONS FOR WHICH THE
SECRETARY HAS AUTHORITY TO ADMINISTER PAY. PAY TO THE END THAT
ALL POSITIONS IN THE SERVICE INVOLVING COMPARABLE SKILLS,
KNOWLEDGE, EFFORT, RESPONSIBILITY, AND WORKING CONDITIONS SHALL
BE PAID COMPARABLE SALARIES IN ACCORDANCE WITH THE RELATIVE VALUE
OF THE SERVICES TO BE PERFORMED. IN ESTABLISHING RATES OF PAY,
THE SECRETARY SHALL GIVE CONSIDERATION TO EXPERIENCE, THE
PREVAILING RATES OF PAY FOR THE SERVICES PERFORMED, COMPARABLE
SERVICES IN PUBLIC AND PRIVATE EMPLOYMENT, LIVING COSTS,

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