WILLIAM DONALD SCHAEFER, Governor

Ch. 10

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 certify applicants.

The State Personnel Article Review Committee notes, for consideration by
the General Assembly, that the grounds listed under subsection (a) of this
section differ from the grounds listed for other similar sections in this title.
See §§ 4-204, 4-210, 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

4-304. APPOINTMENTS — IN GENERAL.

EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION I, AN APPOINTING
AUTHORITY MAY FILL A POSITION IN THE CLASSIFIED SERVICE ONLY BY
APPOINTING A CANDIDATE CERTIFIED UNDER § 4-302 OF THIS SUBTITLE.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 64A, § 1(2) and the second clause of the second
sentence of § 17(a).

In this section, the introductory clause, "[e]xcept as otherwise provided in this
Division I", is added to reflect existing exceptions. See §§ 4-306, 12-101, and
12-202 of this article, which provide for temporary and emergency
appointments.

Defined terms: "Appointing authority" § 1-101
"Classified service" § 1-101
"Position" § 1-101

4-305. SAME — PREFERENCES.

(A) PROMOTION.

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