Ch. 10                                           1993 LAWS OF MARYLAND

TO THE EXTENT THAT THE SECRETARY CONSIDERS THAT IT IS IN THE BEST
INTERESTS OF THE CLASSIFIED SERVICE, AN APPOINTING AUTHORITY SHALL FILL A'
VACANT POSITION IN THE CLASSIFIED SERVICE BY PROMOTING AN EMPLOYEE
FROM A CLASS WITH A LOWER MAXIMUM COMPENSATION.

(B)      STATE RESIDENT.

AN APPOINTING AUTHORITY MAY NOT APPOINT A NONRESIDENT OF THIS
STATE FROM A CERTIFIED LIST OF ELIGIBLE CANDIDATES IF THERE IS A RESIDENT
OF THIS STATE WHO HAS THE SAME OR A HIGHER STANDING ON THAT LIST.

(C)      MILITARY SERVICE PREFERENCE.

(1)      UNLESS THERE IS SUBSTANTIAL REASON TO PASS OVER A
CANDIDATE WHO IS ENTITLED TO A MILITARY SERVICE PREFERENCE UNDER § 4-205
OF THIS TITLE, AN APPOINTING AUTHORITY MAY NOT APPOINT A CANDIDATE WHO
IS NOT ENTITLED TO THE PREFERENCE IF THERE IS A CANDIDATE WHO IS ENTITLED
TO THE PREFERENCE AND HAS THE SAME OR A HIGHER STANDING ON THE
CERTIFIED LIST OF ELIGIBLE CANDIDATES.

(2)      AN APPOINTING AUTHORITY WHO PROPOSES TO PASS OVER A
CANDIDATE ENTITLED TO THE PREFERENCE SHALL SUBMIT TO THE SECRETARY A
STATEMENT THAT GIVES A SUBSTANTIAL REASON FOR PASSING OVER THAT
CANDIDATE.

(3)      THE STATEMENT:

(I)       SHALL BECOME PART OF THE RECORD OF THE CANDIDATE;
AND

(II)     SHALL BE MADE AVAILABLE ON REQUEST TO THE CANDIDATE
OR THE DESIGNEE OF THE CANDIDATE.

(4)      THE SECRETARY SHALL DETERMINE THE SUFFICIENCY OF THE
REASON GIVEN IN THE STATEMENT.

(5)      THE SECRETARY MAY REQUIRE THE APPOINTING AUTHORITY TO
SUBMIT MORE DETAILED INFORMATION TO SUPPORT THE DECISION TO PASS OVER
THE CANDIDATE.

(6)      IF THE SECRETARY FINDS THAT THE APPOINTING AUTHORITY
LACKS SUBSTANTIAL REASON FOR PASSING OVER THE CANDIDATE, THE
SECRETARY SHALL:

(I)       ORDER THE APPOINTING AUTHORITY TO APPOINT THE
CANDIDATE; AND

(II)     SEND A COPY OF THE ORDER TO THE CANDIDATE OR THE
DESIGNEE OF THE CANDIDATE.

REVISOR'S NOTE: Subsection (a) of this section is new language substituted for
former Art. 64A, § 18(e). This substitution is made to clarify the duties of an
appointing authority in filling vacancies by promotions.

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