WILLIAM DONALD SCHAEFER, Governor

Ch. 10

Subsections (b) and (c)(2) through (6) of this section are new language
derived without substantive change from the fourth sentence and the first,
second, and third clauses of the fifth sentence of former Art. 64A, § 17(a).

Subsection (c)(1) of this section is new language added to state expressly that
which only was implied in the first clause of the fifth sentence of former Art.
64A, § 17(a) - i.e., absent a substantial reason, an appointing authority may
not pass over an individual with a military service preference in favor of a
nonveteran with the same or a lower standing on the list.

In subsection (b) of this section, the reference to a "certified list of eligible
candidates" is substituted for the former reference to a "list" for clarity and
consistency.

In subsection (c)(2) of this section, the defined term "appointing authority" is
substituted for the former term "appointing officer" for consistency.
Correspondingly, in subsection (c)(5) and (6), the defined term "appointing
authority" is added.

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

4-306. TEMPORARY APPOINTMENTS PENDING CERTIFICATION.

(A)     WHEN ALLOWED.

IF A REQUEST TO FILL A VACANCY IS RECEIVED AND A LIST OF ELIGIBLE
CANDIDATES DOES NOT EXIST, THE SECRETARY:

(1)      SHALL ESTABLISH A LIST OF ELIGIBLE CANDIDATES IN
ACCORDANCE WITH THIS TITLE; AND

(2)      IF NECESSARY TO PREVENT THE STOPPAGE OF PUBLIC BUSINESS
PENDING ESTABLISHMENT OF THE LIST, MAY CERTIFY, WITH OR WITHOUT A
COMPETITIVE EXAMINATION, A QUALIFIED INDIVIDUAL AS ELIGIBLE FOR
TEMPORARY APPOINTMENT AS A TEMPORARY PENDING EMPLOYEE.

(B)     TERM.

A TEMPORARY PENDING EMPLOYEE APPOINTED UNDER THIS SUBSECTION
MAY CONTINUE IN THE POSITION ONLY UNTIL A LIST OF ELIGIBLE CANDIDATES IS
ESTABLISHED.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 64A, § 1(19), the sixth sentence of § 17(a), and the
first and third sentences of § 22(b).

In subsection (a)(1) of this section, the requirement to establish a list of
eligible candidates is substituted for the former requirement to "call an
examination", because the Secretary must take all steps to establish the list.

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