WILLIAM DONALD SCHAEFER, Governor

Ch. 10

A SUSPENDED CLASSIFIED SERVICE EMPLOYEE OR A REPRESENTATIVE OF THE
EMPLOYEE MAY SUBMIT A WRITTEN APPEAL OF A DISCIPLINARY SUSPENSION:

(1)      WITHIN 3 WORKDAYS AFTER RECEIPT OF A NOTICE OF SUSPENSION,
TO THE HEAD OF THE EMPLOYEE'S PRINCIPAL DEPARTMENT OR OTHER
INDEPENDENT UNIT; OR

(2)      (I) EXCEPT FOR AN EMPLOYEE OF THE DEPARTMENT OF
PERSONNEL, WITHIN 5 WORKDAYS AFTER RECEIPT OF A NOTICE OF SUSPENSION, TO
THE SECRETARY IN ACCORDANCE WITH REGULATIONS ADOPTED BY THE
SECRETARY; OR

(II) FOR AN EMPLOYEE OF THE DEPARTMENT OF PERSONNEL,
WITHIN 5 WORKDAYS AFTER RECEIPT OF A NOTICE OF SUSPENSION, TO THE OFFICE
OF ADMINISTRATIVE HEARINGS.

REVISOR'S NOTE: Subsection (a) of this section is new language added to avoid
repetition of the phrase "or designee".

Subsection (b) of this section is new language derived without substantive
change from former Art. 64A, § 55(f)(1), the first sentence of § 55(f)(2), and
the fourth sentence and the second clause of the second sentence of § 36.

In subsection (b) of this section, the requirement that an appeal be in writing
is added to conform to long-standing Departmental understanding and
administrative practice and to reflect a similar provision in former Art. 64A, §
55(f), which related to grievance procedures.

Also in subsection (b) of this section, the references to "workdays" are
substituted for the former references to "days" and the phrases "after receipt
of a notice of suspension" are added for clarity and to reflect long-standing
Departmental understanding and administrative practice. See also Art. 94, § 2
of the Code.

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

9-405. HEARINGS ON APPEAL — BY UNIT HEAD.

(A)     DELEGATION BY UNIT HEAD.

THE HEAD OF A PRINCIPAL DEPARTMENT OR OTHER INDEPENDENT UNIT MAY
AUTHORIZE A DESIGNEE TO HEAR APPEALS UNDER THIS SECTION.

(B)      HEARING AND DECISION.

IF AN APPEAL IS MADE TO THE HEAD OF A PRINCIPAL DEPARTMENT OR OTHER
INDEPENDENT UNIT, THE HEAD OF THE DEPARTMENT OR UNIT SHALL:

(1) HEAR THE APPEAL WITHIN 3 WORKDAYS AFTER RECEIVING THE
APPEAL; AND

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