WILLIAM DONALD SCHAEFER, Governor

Ch. 10

9-206. HEARINGS.

(A)     HEARING REQUIRED.

IF AN EMPLOYEE APPEALS THE CHARGES FOR REMOVAL, THE SECRETARY
SHALL HOLD A HEARING TO DETERMINE WHETHER THERE IS CAUSE FOR
REMOVAL.

(B)     WHEN HELD.

THE HEARING SHALL BE HELD WITHIN 90 DAYS AFTER THE CHARGES FOR
REMOVAL ARE SUBMITTED TO THE SECRETARY.

REVISOR'S NOTE: This section is new language derived without substantive
change from the second clause of former Art. 64A, § 33(b)(2)(ii).

In subsection (a) of this section, the former references to the "board" or
"person" designated by the Secretary to conduct appeal hearings are deleted
as unnecessary and obsolete. Under § 2-302(5) of this article, the Secretary
may delegate this authority to the Office of Administrative Hearings, but not
to any other person.

Also in subsection (a) of this section, the former requirement that the
Secretary "investigate" the matter is deleted as subsumed in the requirement
for holding a hearing and making a determination.

Defined term: "Secretary" § 1-101

9-207. FINDINGS AND DECISION.

(A)     DECISION WITHIN 45 DAYS.

THE SECRETARY SHALL MAKE FINDINGS AND ISSUE A WRITTEN DECISION ON
A CHARGE FOR REMOVAL WITHIN 45 DAYS AFTER THE LATER OF:

(1)      THE CONCLUSION OF THE HEARING; OR

(2)      THE DAY WHEN ALL BRIEFS OR MEMORANDA HAVE BEEN
SUBMITTED.

(B)     COPIES TO PARTIES.

THE SECRETARY SHALL PROVIDE A COPY OF THE FINDINGS AND DECISION TO
EACH PARTY.

(C)     DECISION FINAL.

THE DECISION OF THE SECRETARY IS FINAL.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 64A, § 33(b)(2)(iii) and, except for the reference to
enforcement, § 33(c).

- 785 -