Ch. 10

1993 LAWS OF MARYLAND

3-305. COMPLAINT.

(A)     IN GENERAL.

AN APPLICANT OR EMPLOYEE MAY CHARGE AN APPOINTING AUTHORITY
WITH A VIOLATION OF § 3-304 OF THIS SUBTITLE BY SUBMITTING A COMPLAINT TO
THE SECRETARY.

(B)     TIME FOR SUBMISSION.

A COMPLAINT UNDER THIS SUBTITLE MUST BE SUBMITTED WITHIN 1 YEAR OF
THE DAY ON WHICH THE COMPLAINANT FIRST KNEW OR SHOULD HAVE KNOWN OF
THE VIOLATION.

REVISOR'S NOTE: This section is new language derived without substantive
change from the first and third sentences of former Art. 64A, § 12H(b).

In subsection (b) of this section, the word "complainant" is substituted for the
former reference to an "employee" because either an employee or an
applicant may file a complaint under this subtitle.

Defined terms: "Appointing authority" § 1-101
"Secretary" § 1-101

3-306. ACTION ON COMPLAINT.

(A)     NOTICE REQUIRED. .
THE SECRETARY SHALL:

(1)      PROMPTLY SEND A COPY OF THE COMPLAINT TO THE APPOINTING
AUTHORITY AND TO ANY INDIVIDUAL NAMED IN THE COMPLAINT AS HAVING
VIOLATED § 3-304 OF THIS SUBTITLE; AND

(2)      PROVIDE THE APPOINTING AUTHORITY WITH AN OPPORTUNITY TO
RESPOND IN WRITING TO THE COMPLAINT.

(B)     INVESTIGATION.

THE COMPLAINT SHALL BE INVESTIGATED BY:

(1)      THE SECRETARY; OR

(2)      IF THE DEPARTMENT IS CHARGED IN A COMPLAINT, A DESIGNEE OF
THE GOVERNOR.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 64A, § 12H(c)(l) and the second sentence of §
12H(b).

In subsection (a)(1) of this section, the reference to an "individual" is

substituted for the former reference to a "person" to clarify that only

individuals named in a complaint are to be provided with a copy of the
complaint.

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