PARRIS N. GLENDENING, Governor

Ch. 347

7-209.

(A)    EXCEPT AS OTHERWISE PROVIDED BY LAW, AN APPOINTING AUTHORITY
SHALL MAKE AN APPOINTMENT FROM AMONG THE CANDIDATES IN A RATING
CATEGORY ON A LIST OF ELIGIBLE CANDIDATES AS FOLLOWS:

(1)     IF THERE ARE AT LEAST FIVE CANDIDATES RATED BEST
QUALIFIED, FROM THAT RATING CATEGORY;

(2)     IF THERE ARE FEWER THAN FIVE CANDIDATES RATED BEST
QUALIFIED, FROM THE CANDIDATES IN THE BEST QUALIFIED AND BETTER
QUALIFIED CATEGORIES; AND

(3)     IF THERE ARE FEWER THAN FIVE CANDIDATES RATED BEST
QUALIFIED AND BETTER QUALIFIED, FROM CANDIDATES IN BEST QUALIFIED,
BETTER QUALIFIED, AND QUALIFIED CATEGORIES.

(B)     (1) IN MAKING A SELECTION, THE APPOINTING AUTHORITY MAY
INTERVIEW ANY OF THE CANDIDATES IN THE RATING CATEGORY FROM WHICH THE
SELECTION WILL BE MADE

(2) IF WHEN INTERVIEWS ARE CONDUCTED UNDER THIS SECTION, THE
APPOINTING AUTHORITY MUST INTERVIEW AT LEAST THREE CANDIDATES.

(C)     THE APPOINTING AUTHORITY MUST APPROVE THE APPOINTMENT OF
THE SUCCESSFUL CANDIDATE AND CERTIFY TO THE SECRETARY THAT THE HIRING
PROCESS WAS CONDUCTED IN ACCORDANCE WITH THE SELECTION PLAN AND THIS
SUBTITLE.

7-210.

(1) (A) ANY APPLICANT UNDER THIS TITLE WHO IS NOT SELECTED FOR A
POSITION MAY APPEAL THE DECISION.

(2) (B) AN APPEAL:

(I) (1) MAY BE MADE ONLY ON THE GROUNDS THAT THE DECISION
WAS UNCONSTITUTIONAL OR ILLEGAL; AND

(II) (2) MAY ONLY BE MADE TO THE APPOINTING AUTHORITY.

(3) (C) THE DECISION OF THE APPOINTING AUTHORITY IS FINAL.

[Subtitle 3. Certification and Appointment.]
[4-301.

(a)     Except as otherwise provided in this Division I, to fill a vacancy in any position
in the classified service, the appointing authority shall request the Secretary to certify a
list of eligible candidates for the position.

(b)     (1) The appointing authority may request from the Secretary a selective
certification of eligible candidates for a specific geographic area or with specific
job-related qualifications.

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