Ch. 10

1993 LAWS OF MARYLAND

As to the time frame for establishing a list, see § 4-209(b) of this title.

The State Personnel Article Review Committee notes, for consideration by
the General Assembly, that subsection (b) allows a temporary pending
employee to work only until a list of eligible' candidates is established.
Generally, some time necessarily elapses between the establishment of a list
and the interviewing and hiring of a permanent employee. The General
Assembly may wish to amend this section to expressly allow for this lapse of
time.

Defined term: "Secretary" § 1-101

4-307. DECERTIFICATIONS AFTER APPOINTMENT.

(A)     INVESTIGATION ALLOWED.

NOTWITHSTANDING ANY OTHER PROVISION OF THIS TITLE, THE SECRETARY
MAY INVESTIGATE THE BACKGROUND AND QUALIFICATIONS OF AN INDIVIDUAL
EVEN AFTER THE INDIVIDUAL IS APPOINTED TO A POSITION IN THE CLASSIFIED
SERVICE.

(B)     ACTIONS TO TERMINATE EMPLOYMENT.

(1)      SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, IF FRAUDULENT
OR IRREGULAR INFORMATION IS DISCOVERED AFTER THE APPOINTMENT OF AN
INDIVIDUAL, THE SECRETARY MAY REVOKE CERTIFICATION FOR THE INDIVIDUAL,
WITHDRAW THE APPOINTMENT OF THE INDIVIDUAL, AND DIRECT THAT THE
EMPLOYMENT OF THE INDIVIDUAL BE TERMINATED.

(2)      IF THE INDIVIDUAL HAS COMPLETED AN ORIGINAL PERIOD OF
PROBATION, THE EMPLOYMENT OF THE INDIVIDUAL MAY BE TERMINATED UNDER
THIS SECTION ONLY IF THE APPOINTING AUTHORITY FILES CHARGES FOR
REMOVAL OF THE EMPLOYEE AND OTHERWISE COMPLIES WITH THE
REQUIREMENTS OF TITLE 9, SUBTITLE 2, OF THIS ARTICLE.

(C)     PERIOD FOR TERMINATION.

EXCEPT FOR FRAUD, THE SECRETARY MAY NOT TAKE ACTION AGAINST AN
INDIVIDUAL UNDER THIS SECTION AFTER 3 YEARS FROM THE DAY ON WHICH THE
INDIVIDUAL WAS APPOINTED.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 64A, § 22(a)(5)(ii) and (iii).

In subsection (a) of this section, the reference to "any other provision of this
title" is substituted for the former, narrower reference to the "provisions of
this subsection" to reflect the reorganization made by this revision and to
indicate that no other provisions in this title are intended to limit the
applicability of this section.

In subsection (b)(1) of this section, the former reference to withdrawing an
"offer" is deleted as unnecessary in light of the' authority to withdraw an
appointment.

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