Ch. 10

1993 LAWS OF MARYLAND

(2) ISSUE A WRITTEN DECISION WITHIN THE TIME SPECIFIED BY THE
REGULATIONS OF THE SECRETARY.

(C)     EFFECT OF DELAY.

IF, AS A RESULT OF MANAGEMENT DELAY, THE APPEAL IS NOT HEARD AND
DECIDED WITHIN THE TIMES REQUIRED BY THIS SECTION, THE APPOINTING
AUTHORITY SHALL REINSTATE THE SUSPENDED EMPLOYEE WITH FULL BACK PAY.

(D)     FURTHER APPEALS.

IF AN EMPLOYEE APPEALS UNDER THIS SECTION, THE EMPLOYEE MAY NOT
FURTHER APPEAL THE SUSPENSION EXCEPT IN ACCORDANCE WITH STEP THREE OF
THE GRIEVANCE PROCEDURES UNDER § 10-209 OF THIS ARTICLE.

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

Subsections (b) through (d) of this section are new language derived without
substantive change from the fourth sentence of former Art. 64A, § 36, §
55(f)(3), and the second and third sentences of § 55(f)(2).

In subsection (b)(1) of this section, the reference to "workdays" is substituted
for the former reference to "days" to reflect long-standing Departmental
understanding and administrative practice. See also Art. 94, § 2 of the Code.

Subsection (b)(2) of this section is revised to reflect the authority of the
Secretary to specify the time within which a written decision is to be made. See
COMAR 06.01.01.57A(2).

In subsection (c) of this section, the phrase "not... decided" is substituted for
the former term "unanswered" for clarity.

As to the use of the term "reinstate" in subsection (c) of this section, see §
1-101(k) of this article and its accompanying Revisor's Note.

Defined terms: "Appointing authority" § 1-101
"Reinstate" § 1-101
"Secretary" § 1-101

9-406. SAME — BY SECRETARY.

(A)     FINDINGS AND DECISION.

IF AN APPEAL IS MADE TO THE SECRETARY, THE SECRETARY SHALL ISSUE A
WRITTEN DECISION 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)     RESTORATION OF PAY ALLOWED.

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