Ch. 10

1993 LAWS OF MARYLAND

The former references to the Secretary's "authorized representative" and the
"board" or "person" designated by the Secretary to conduct proceedings 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.                                         

In subsection (a) of this section, the requirement that a decision be "written"
is added for clarity and consistency with similar provisions elsewhere in this
Division I.

Subsection (b) of this section is revised to require the Secretary to provide a
copy of the findings and decision to each party - rather than, as in former Art.
64A, § 33(c); only to the appointing authority - so that the due process rights
are satisfied. This change conforms to Departmental regulations.

As to procedures governing a decision made by individuals who have not
heard the evidence, including the opportunity of parties to file exceptions, see
SG § 10-212.

Defined term: "Secretary" § 1-101

9-208. ENFORCEMENT.

THE APPOINTING AUTHORITY IMMEDIATELY SHALL ENFORCE A FINAL
DECISION ISSUED UNDER THIS SUBTITLE.

REVISOR'S NOTE: This section is new language derived without substantive
change from the reference to enforcement of the final decision of the
Secretary by the appointing authority in former Art. 64A, § 33(c).

Defined term: "Appointing authority" § 1-101

SUBTITLE 3. SUSPENSIONS PENDING DISPOSITION.
9-301. SCOPE OF SUBTITLE.                                                                                       

THIS SUBTITLE APPLIES ONLY TO CLASSIFIED SERVICE EMPLOYEES.

REVISOR'S NOTE: This section is new language added for clarity.               

Defined term: "Classified service" § 1-101
9-302. SUSPENSIONS WITHOUT PAY ALLOWED.

(A)     IN GENERAL.

AN APPOINTING AUTHORITY MAY SUSPEND A CLASSIFIED SERVICE EMPLOYEE
WITHOUT PAY PENDING DISPOSITION OF A CHARGE FOR REMOVAL.

(B)     NOTICE REQUIRED.

THE APPOINTING AUTHORITY SHALL NOTIFY THE EMPLOYEE IN WRITING OF
THE SUSPENSION AND THE REASONS FOR IT.

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