Ch. 10

1993 LAWS OF MARYLAND

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

4-204. REFUSALS TO EXAMINE.

(A)     IN GENERAL.

SUBJECT TO THE REQUIREMENTS OF SUBSECTION (B) OF THIS SECTION, THE
SECRETARY MAY DISQUALIFY AND REFUSE TO EXAMINE AN APPLICANT IF THE
APPLICANT:

(1)      DOES NOT MEET THE REQUIREMENTS , FOR TAKING THE
EXAMINATION OR FOR APPOINTMENT TO THE POSITION;

(2)      HAS A MENTAL OR PHYSICAL DISABILITY THAT PRECLUDES
PERFORMANCE OF THE DUTIES OF THE POSITION;

(3)      INTENTIONALLY FALSIFIED INFORMATION IN THE APPLICATION; OR

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

(B)   .. NOTICE AND OPPORTUNITY FOR RESPONSE.

THE SECRETARY MAY NOT DISQUALIFY AN APPLICANT UNDER THIS SECTION
UNLESS THE SECRETARY OR THE DESIGNEE OF THE SECRETARY:

(1)      GIVES THE APPLICANT WRITTEN NOTICE OF THE REASON FOR THE
PROPOSED DISQUALIFICATION;

(2)      ALLOWS THE APPLICANT AN OPPORTUNITY TO SUBMIT A WRITTEN
RESPONSE; AND

(3)      ALLOWS THE APPLICANT AN OPPORTUNITY TO MEET WITH THE
SECRETARY OR THE SECRETARY'S DESIGNEE.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 64A, §§ 22(a)(4) and 22(a)(5)(i), as they related to
refusals to examine applicants.

The State Personnel Article Review Committee notes, for consideration by
the General Assembly, that the grounds stated in subsection (a) of this section
differ from the grounds listed in other similar sections in this title. See §§
4-210, 4-303, and 4-307 of this title and their respective Revisor's Notes.

As to disqualifications for medical reasons, see also § 3-501 of this article.

Defined terms: "Position" § 1-101

"Secretary" § 1-101                                     

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