PARRIS N. GLENDENING, Governor

Ch. 200

Article - State Personnel and Pensions

4-204.

(a) Subject to the requirements of subsection (b) of this section, the Secretary or
[appointing authority] THE HEAD OF A PRINCIPAL DEPARTMENT OR OTHER
INDEPENDENT UNIT for a unique class may disqualify and refuse to examine an
applicant if the applicant:

(1)     does not meet the requirements for taking the examination or for
appointment to the position;

(2)     has a mental or physical disability that precludes performance of the
duties of the position;

(3)     intentionally falsified information in the application; or

(4)     has been deceptive or fraudulent in any phase of the examination or
appointment process.

4-209.

(a)     (1) For each class, the Secretary or [an appointing authority] THE MEAD
OF A PRINCIPAL DEPARTMENT OR OTHER INDEPENDENT UNIT for a unique class shall
issue a list of eligible candidates that names, in the following sequence:

(i) in the order of seniority established under § 9-506 of this article,
individuals who, under § 9-504 of this article, were laid off in good standing from
positions in the class; and

(ii) in the order of merit, candidates who have been examined and
determined by the Secretary to be qualified for positions in the class.

(2) A new list of eligible candidates for a class shall be combined with an
existing list of eligible candidates in accordance with regulations adopted by the
Secretary.

(b)     (1) If the Secretary or [an appointing authority] THE HEAD OF A
PRINCIPAL DEPARTMENT OR OTHER INDEPENDENT UNIT for a unique class receives a
request to fill a vacancy and a list of eligible candidates does not exist, the Secretary or
the [appointing authority] HEAD OF THE PRINCIPAL DEPARTMENT OR OTHER
INDEPENDENT UNIT FOR A UNIQUE CLASS shall:

(i) immediately schedule an examination; and

(ii) issue the list of eligible candidates that results from the
examination within 60 days after the examination.

(2) If a list of eligible candidates does not result from an examination
conducted under this subsection, the Secretary or [an appointing authority] THE HEAD
OF THE PRINCIPAL DEPARTMENT OR OTHER INDEPENDENT UNIT FOR A UNIQUE
CLASS shall conduct additional examinations until a list results.

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