Ch. 10                                      1993 LAWS OF MARYLAND

The references to a "principal department or other independent unit" are
substituted for the former references to "department[s]" for clarity and
consistency. Cf. COMAR 06.01.01.40, which refers to transfers between "State
department[s]".

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

4-603. PROMOTIONAL TRANSFERS.

(A)     IN GENERAL.

IF A CLASSIFIED SERVICE EMPLOYEE IS TRANSFERRED TO A DIFFERENT CLASS
THAT HAS A HIGHER' MAXIMUM RATE OF PAY, THE TRANSFER IS A PROMOTION.

(B)     APPLICABLE PROCEDURES.

A TRANSFER THAT IS A PROMOTION IS CONSIDERED A NEW APPOINTMENT
AND MAY BE MADE ONLY IN ACCORDANCE WITH SUBTITLES 2 AND 3 OF THIS TITLE.

REVISOR'S NOTE: This section is new language derived without substantive
change from the third sentence of former Art. 64A, § 31.

Defined terms: "Class" § 1-101
"Classified service" § 1-101

4-604. INVOLUNTARY DEMOTIONAL TRANSFERS.

(A)     IN GENERAL.

IF A CLASSIFIED SERVICE EMPLOYEE IS TRANSFERRED INVOLUNTARILY TO A
DIFFERENT CLASS THAT HAS A LOWER MAXIMUM RATE OF PAY, THE TRANSFER IS A
DEMOTION.

(B)     APPLICABLE PROCEDURES.

(1)      A TRANSFER THAT IS A DEMOTION UNDER THIS SECTION MAY BE
MADE ONLY FOR CAUSE, ON WRITTEN CHARGES SUBMITTED TO THE SECRETARY.

(2)      THE EMPLOYEE MAY APPEAL THE PROPOSED DEMOTION TO THE
SECRETARY WITHIN THE TIME AND IN THE MANNER REQUIRED BY REGULATION.

(3)      IF THE EMPLOYEE FAILS TO APPEAL WITHIN THE TIME AND IN THE
MANNER REQUIRED, THE DEMOTION IS FINAL.

(C)     HEARING.

(1)      IF THE EMPLOYEE APPEALS THE DEMOTION, THE SECRETARY
SHALL HOLD A HEARING TO DETERMINE WHETHER THERE IS CAUSE FOR THE
DEMOTION.

(2)      THE HEARING SHALL BE HELD WITHIN 90 DAYS AFTER THE
WRITTEN CHARGES FOR THE DEMOTION ARE SUBMITTED TO THE SECRETARY.

(D)     FINDINGS AND DECISION.

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