Ch. 347                                    1996 LAWS OF MARYLAND

(2) costs of litigation and reasonable attorney's fees.

(g) (1) A complainant or appointing authority may appeal the decision issued
under subsection (e) of this section in accordance with §§ 10-222 and 10-223 of the State
Government Article.

(2) In addition to any other appropriate relief, the court may award costs of
litigation and reasonable attorney's fees to a prevailing complainant.]

5-307.

AN EMPLOYEE IN THE STATE PERSONNEL MANAGEMENT SYSTEM WHO SEEKS
RELIEF FOR A VIOLATION OF § 5-305 OF THIS SUBTITLE MAY ELECT TO FILE:

(1)     A COMPLAINT UNDER § 5-309 OF THIS SUBTITLE; OR

(2)     A GRIEVANCE UNDER TITLE 10 12 OF THIS ARTICLE.
5-308.

(A)     (1) A COMPLAINANT MAY BE REPRESENTED DURING THE COMPLAINT
PROCESS BY ANY PERSON THE COMPLAINANT CHOOSES.

(2) EITHER PARTY MAY BE REPRESENTED AT A HEARING BY COUNSEL.

(B)     (1) IF A COMPLAINANT FAILS TO APPEAL A DECISION IN ACCORDANCE
WITH THIS SUBTITLE, THE COMPLAINANT IS CONSIDERED TO HAVE ACCEPTED THE
DECISION.

(2) A FAILURE TO DECIDE A COMPLAINT IN ACCORDANCE WITH THIS
SUBTITLE IS CONSIDERED A DENIAL FROM WHICH AN APPEAL MAY BE MADE.

(C)     EACH PARTY SHALL MAKE EVERY EFFORT TO RESOLVE A COMPLAINT AT
THE LOWEST LEVEL POSSIBLE.

5-309.

(A)     (1) AN EMPLOYEE SUBJECT TO THIS SUBTITLE MAY FILE WITH THE
SECRETARY A COMPLAINT THAT ALLEGES A VIOLATION OF § 5-305 OF THIS
SUBTITLE.

(2) A COMPLAINT UNDER THIS SUBTITLE MUST BE FILED WITHIN 6
MONTHS AFTER THE COMPLAINANT FIRST KNEW OF OR REASONABLY SHOULD
HAVE KNOWN OF THE VIOLATION.

(B)     WHEN A COMPLAINT IS RECEIVED, THE SECRETARY OR DESIGNEE
PROMPTLY SHALL:

(1)     SEND A COPY OF THE COMPLAINT TO THE HEAD OF THE PRINCIPAL
UNIT NAMED IN THE COMPLAINT; AND

(2)     ADVISE THE HEAD OF THE PRINCIPAL UNIT TO RESPOND IN
WRITING TO THE COMPLAINT WITHIN 20 DAYS AFTER RECEIVING THE COPY.

(C)     WITHIN 60 DAYS AFTER A COMPLAINT IS RECEIVED:

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