PARRIS N. GLENDENING, Governor                              Ch. 347

[4-602.

A classified service employee may not be transferred from one principal department
or other independent unit to a different principal department or other independent unit
without the consent of the respective appointing authorities.]

[4-603.

(a)     If a classified service employee is transferred to a different class that has a
higher maximum rate of pay, the transfer is a promotion.

(b)     A transfer that is a promotion is considered a new appointment and may be
made only in accordance with Subtitles 2 and 3 of this title.]

[4-604.

(a)     If a classified service employee is transferred involuntarily to a different class
that has a lower maximum rate of pay, the transfer is a demotion.

(b)     (1) A transfer that is a demotion under this section may be made only for
cause, on written charges submitted to the Secretary.

(2)     The employee may appeal the proposed demotion to the Secretary
within the time and in the manner required by regulation.

(3)     If the employee fails to appeal within the time and in the manner
required, the demotion is final.

(c)     (1) If the employee appeals the demotion, the Secretary shall hold a hearing
to determine whether there is cause for the demotion.

(2) The hearing shall be held within 90 days after the written charges for the
demotion are submitted to the Secretary.

(d)     (1) The Secretary shall make findings and issue a written decision on an
appeal within 45 days after the later of:

(i) the conclusion of the hearing; and

(ii) the day when all briefs or memoranda have been submitted.

(2)     The Secretary shall provide a copy of the findings and decision to each
party.

(3)     The decision of the Secretary is final.

(e)     The appointing authority immediately shall enforce a final decision issued
under this section.]

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