PARRIS N. GLENDENING, Governor                             Ch. 347

(1)     THE COMPLAINT SHALL BE INVESTIGATED TO DETERMINE
WHETHER A VIOLATION OF § 5-305 OF THIS SUBTITLE HAS OCCURRED:

(I)      BY THE SECRETARY OR DESIGNEE OF THE SECRETARY; OR

(II)    IF THE DEPARTMENT IS CHARGED IN THE COMPLAINT, BY A
DESIGNEE OF THE GOVERNOR; AND

(2)     THE SECRETARY OR DESIGNEE OR THE GOVERNOR'S DESIGNEE
SHALL:

(I)      TAKE THE ACTION DESCRIBED IN SUBSECTION (D)(1) OR (2) OF
THIS SECTION; AND

(II)     ISSUE TO THE COMPLAINANT AND HEAD OF THE PRINCIPAL
UNIT A WRITTEN DECISION THAT INCLUDES ANY REMEDIAL ACTION TAKEN.

(D)    (1) IF THE SECRETARY OR DESIGNEE OR THE GOVERNOR'S DESIGNEE
DETERMINES THAT A VIOLATION HAS NOT OCCURRED, THE SECRETARY OR
GOVERNOR'S DESIGNEE SHALL DISMISS THE COMPLAINT.

(2) IF THE SECRETARY OR DESIGNEE OR THE GOVERNOR'S DESIGNEE
DETERMINES THAT A VIOLATION HAS OCCURRED, THE SECRETARY OR DESIGNEE
SHALL TAKE APPROPRIATE REMEDIAL ACTION.

(E)     AS A REMEDIAL ACTION FOR A VIOLATION OF § 5-305 OF THIS SUBTITLE,
THE SECRETARY OR DESIGNEE MAY:

(1)     ORDER THE REMOVAL OF ANY RELATED DETRIMENTAL
INFORMATION FROM THE COMPLAINANTS STATE PERSONNEL RECORDS;

(2)     REQUIRE THE HEAD OF THE PRINCIPAL UNIT TO:

(I)      HIRE, PROMOTE, OR REINSTATE THE COMPLAINANT OR END
THE COMPLAINANTS SUSPENSION FROM EMPLOYMENT;

(II)    AWARD THE COMPLAINANT BACK PAY TO THE DAY OF THE
VIOLATION;

(III) GRANT THE COMPLAINANT LEAVE OR SENIORITY;

(IV) TAKE APPROPRIATE DISCIPLINARY ACTION AGAINST ANY
INDIVIDUAL WHO CAUSED THE VIOLATION; AND

(V) TAKE ANY OTHER REMEDIAL ACTION CONSISTENT WITH THE
PURPOSES OF THIS SUBTITLE

5-310.

(A) A COMPLAINANT MAY APPEAL TO THE OFFICE OF ADMINISTRATIVE
HEARINGS:

(1) WITHIN 10 DAYS AFTER RECEIVING A DECISION UNDER § 5-309 OF
THIS SUBTITLE; OR

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