Ch. 10                                       1993 LAWS OF MARYLAND

(2)      THE SECRETARY MAY ORDER A UNIT TO TAKE APPROPRIATE
ACTION TO BRING A POSITION INTO COMPLIANCE WITH THE CLASSIFICATION AUDIT
AND FINDINGS OF THE SECRETARY.

(E)     RECLASSIFICATIONS GENERALLY.

(1) IF THE SECRETARY DETERMINES THAT A POSITION IS CLASSIFIED
IMPROPERLY, THE SECRETARY SHALL RECLASSIFY THE POSITION TO A CLASS THAT
IS MORE APPROPRIATE FOR THAT POSITION.

(2). A RECLASSIFICATION UNDER THIS SECTION MAY BE TO ANY
APPROPRIATE CLASS THAT IS AT THE SAME OR AT A HIGHER OR LOWER SALARY
LEVEL.

(3)      AN EMPLOYEE WHOSE POSITION IS RECLASSIFIED TO A CLASS AT A
LOWER SALARY LEVEL MAY GRIEVE THE RECLASSIFICATION UNDER TITLE 10 OF
THIS ARTICLE.

(4)      THE SECRETARY SHALL ADOPT REGULATIONS TO PROVIDE FOR
THE EFFECTIVE DATE OF ANY RECLASSIFICATION.

(F)     RECLASSIFICATIONS OF FILLED POSITIONS.

(1)      THE RECLASSIFICATION OF A FILLED POSITION SHALL BE
EFFECTIVE AS PROVIDED IN THIS SUBSECTION.

(2)      IF THE SECRETARY DETERMINES THAT A FILLED POSITION IS
UNDERCLASSIFIED, THE SECRETARY SHALL RECLASSIFY THE POSITION EFFECTIVE
IMMEDIATELY OR AT ANY OTHER TIME ON OR BEFORE THE FIRST DAY OF THE
NEXT FISCAL YEAR AFTER THE DETERMINATION.

(3)      IF THE SECRETARY DETERMINES THAT A FILLED POSITION IS
OVERCLASSIFIED, THE SECRETARY SHALL RECLASSIFY THE POSITION EFFECTIVE
ON THE FIRST DAY OF THE THIRD FISCAL YEAR AFTER THE DETERMINATION.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 64A, § 1(4) and (16) and § 16. It is revised to
encompass not only the classified service but, also, the unclassified service,
reflecting long-standing Departmental understanding and administrative
practice.

Subsection (a) of this section is rephrased to specify the duties of the
Secretary and to clarify the standard to be used in classifications. The
substantive provisions of former Art. 64A, § 1(4), which defined "[c]lass", are
incorporated in this subsection. See § 1-101(c) of this article and its
accompanying Revisor's Note.

In subsection (d) of this section, the word "classification" is added to modify
the word "audit" to conform to former Art. 64A, § 1(5), which used and
defined the term "[classification audit". The substance of that definition is
incorporated in subsection (d) of this section and, therefore, the definition is
deleted as unnecessary.

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