WILLIAM DONALD SCHAEFER, Governor                              Ch. 10

Also in subsection (a)(1) of this section, the former requirement that the
Secretary "notify" the appointing authority of a complaint is deleted as
unnecessary in light of the requirement that the Secretary give the appointing
authority a copy of the complaint.

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

3-307. DETERMINATIONS.

(A)     IN GENERAL.

ON COMPLETION OF THE INVESTIGATION, THE SECRETARY OR THE
GOVERNOR'S DESIGNEE SHALL DETERMINE WHETHER A VIOLATION OF § 3-304 OF
THIS SUBTITLE HAS OCCURRED.

(B)      WHEN NO VIOLATION FOUND.

IF THE SECRETARY OR THE GOVERNOR'S DESIGNEE DETERMINES THAT A
VIOLATION HAS NOT OCCURRED, THE SECRETARY OR THE GOVERNOR'S DESIGNEE
SHALL DISMISS THE COMPLAINT.

(C)      WHEN VIOLATION FOUND.

(1)      IF THE SECRETARY OR THE GOVERNOR'S DESIGNEE DETERMINES
THAT A VIOLATION HAS OCCURRED, THE SECRETARY SHALL TAKE REMEDIAL
ACTION CONSISTENT WITH THE PURPOSES OF THIS SUBTITLE.

(2)      THE REMEDIAL ACTION MAY INCLUDE:

(I)       CAUSING THE REMOVAL FROM THE COMPLAINANT'S STATE
PERSONNEL RECORD OF ANY RELATED DETRIMENTAL INFORMATION;

(II)     REQUIRING THE APPOINTING AUTHORITY TO HIRE, PROMOTE,
OR REINSTATE THE COMPLAINANT OR END THE SUSPENSION OF THE
COMPLAINANT;

(III)    REQUIRING THE APPOINTING AUTHORITY TO AWARD THE
COMPLAINANT BACK PAY TO THE DAY OF THE VIOLATION;

(IV)    RECOMMENDING TO THE APPOINTING AUTHORITY
APPROPRIATE DISCIPLINARY ACTION AGAINST THE INDIVIDUAL WHO CAUSED THE
VIOLATION; AND

(V)     TAKING DISCIPLINARY ACTION AGAINST THE INDIVIDUAL
WHO CAUSED THE VIOLATION.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 64A, § 12H(d).

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