Ch. 347

1996 LAWS OF MARYLAND

11-102.

THIS SUBTITLE APPLIES TO ALL EMPLOYEES IN THE STATE PERSONNEL
MANAGEMENT SYSTEM WITHIN THE EXECUTIVE BRANCH EXCEPT TEMPORARY
EMPLOYEES.

11-103.

(A)    ALL DISCIPLINARY ACTIONS ALLOWED UNDER THIS SUBTITLE SHALL BE
BASED ON A PREPONDERANCE OF THE EVIDENCE EXCEPT AS OTHERWISE
PROVIDED. THE APPOINTING AUTHORITY HAS THE BURDEN OF PROOF BY A
PREPONDERANCE OF THE EVIDENCE IN ANY PROCEEDING UNDER THIS SUBTITLE
THE HEAD OF A PRINCIPAL UNIT, THE SECRETARY, AND THE OFFICE OF
ADMINISTRATIVE HEARINGS SHALL APPLY THAT STANDARD OF PROOF IN APPEALS
UNDER THIS SUBTITLE

(B)     AFTER TAKING A DISCIPLINARY ACTION AGAINST AN EMPLOYEE FOR
MISCONDUCT, AN APPOINTING AUTHORITY MAY NOT IMPOSE AN ADDITIONAL
DISCIPLINARY ACTION AGAINST THAT EMPLOYEE FOR THE SAME OFFENSE EXCEPT
FOR A GOOD CAUSE THAT BECOMES CONDUCT UNLESS ADDITIONAL INFORMATION IS
MADE KNOWN TO THE APPOINTING AUTHORITY AFTER THE INITIAL DISCIPLINARY
ACTION WAS TAKEN.

(C) THE SUSPENSION OF AN EMPLOYEE WHO IS EXEMPT FROM THE
OVERTIME PAY REQUIREMENTS OF THE FAIR LABOR STANDARDS ACT, AND UNDER
ANY CHANGES TO THE FAIR LABOR STANDARDS ACT, SHALL BE DONE SO THAT THE
EMPLOYEE'S OVERTIME EXEMPTION WILL NOT BE LOST.

(D) AN EMPLOYEE MAY CHOOSE ANY PERSON TO ASSIST OR REPRESENT THE
EMPLOYEE DURING AN APPEAL UNDER THIS SUBTITLE AND SHALL NOTIFY THE
EMPLOYER OF THAT CHOICE.

11-104.

AN APPOINTING AUTHORITY MAY TAKE THE FOLLOWING DISCIPLINARY
ACTIONS AGAINST ANY EMPLOYEE:

(1)      GIVE THE EMPLOYEE A WRITTEN REPRIMAND;

(2)     DIRECT THE FORFEITURE OF UP TO 15 WORK DAYS OF THE
EMPLOYEE'S ACCRUED ANNUAL LEAVE;

(3)     DIRECT UP TO 3 WORK DAYS OF EMERGENCY SUSPENSION OF THE
EMPLOYEE, WITH PAY, TO IMMEDIATELY REMOVE THE EMPLOYEE FROM THE
WORKPLACE WHEN THE APPOINTING AUTHORITY BELIEVES THAT THE EMPLOYEE:

(I)      POSES A THREAT TO SELF, ANOTHER INDIVIDUAL, OR STATE
PROPERTY; OR

(II)     IS INCAPABLE OF PROPERLY PERFORMING THE EMPLOYEE'S
DUTIES BECAUSE OF EXTRAORDINARY CIRCUMSTANCES;

(4)     SUSPEND THE EMPLOYEE WITHOUT PAY;

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