Ch. 10

1993 LAWS OF MARYLAND

2-302. HEARINGS AND PROPOSED DECISIONS.

THE SECRETARY MAY DELEGATE TO THE OFFICE OF ADMINISTRATIVE
HEARINGS THE AUTHORITY TO CONDUCT A HEARING AND ISSUE A PROPOSED
DECISION FOR APPROVAL BY THE SECRETARY IN:

(1)' A WHISTLEBLOWER LAW HEARING UNDER § 3-308 OF THIS ARTICLE;

(2)      A HEARING UNDER § 4-504 OF THIS ARTICLE ON AN
UNSATISFACTORY WORK OR CONDUCT REPORT;

(3)      AN APPEAL UNDER § 4-604 OF THIS ARTICLE FROM THE PROPOSED
DEMOTION OF AN EMPLOYEE;

(4)      AN APPEAL UNDER § 9-103 OF THIS ARTICLE BY AN EMPLOYEE WHO
IS REJECTED WHILE ON PROBATION AS A RESULT OF A PROMOTION;

(5)      AN APPEAL UNDER § 9-205 OF THIS ARTICLE FROM CHARGES FOR
REMOVAL OF AN EMPLOYEE;

(6)      A PRELIMINARY HEARING UNDER § 9-303 OF THIS ARTICLE ON THE
SUSPENSION OF AN EMPLOYEE PENDING REMOVAL;

(7)      AN APPEAL UNDER § 9-406 OF THIS ARTICLE FROM THE
DISCIPLINARY SUSPENSION OF AN EMPLOYEE; OR

(8)      AN APPEAL UNDER ARTICLE 29, § 11-109(B) OF THE CODE FROM THE
REMOVAL OF AN EMPLOYEE OF THE WASHINGTON SUBURBAN SANITARY
COMMISSION.

REVISOR'S NOTE: Item (1) of this section is new language added to conform to
practice.

Items (2) through (8) of this section are new language derived without
. substantive change from former Art. 64A, § 36A(b) and (c)(2).

In this section, the term "Office of Administrative Hearings" is substituted for
the former obsolete reference to "an arbitrator of ... the Department of
Personnel" to conform to the recently enacted requirements of Title 9,
Subtitle 16 of the State Government Article.

In item (2) of this section, the reference to a "hearing" is substituted for the
former reference to an "appeal" to conform to the language used in § 4-504 of
this article.

Former Art. 64A, § 36A(c)(2), which related to an employee who is rejected
while on probation as a result of a promotion, expressly allowed the Secretary
to delegate the authority to approve a proposed decision, but - apparently by
inadvertence - not the lesser authority to conduct a hearing and issue a
proposed decision. That oversight is corrected by transferring the substance of
former § 36A(c)(2) to this section as new item (4).

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