Ch. 347

1996 LAWS OF MARYLAND

11-110. 11-109.

(A)    (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, THIS
SECTION APPLIES ONLY TO EMPLOYEES IN THE SKILLED SERVICE OR THE
PROFESSIONAL SERVICE.

(2) THIS SECTION DOES NOT APPLY TO AN EMPLOYEE UNDER A
SPECIAL APPOINTMENT DESCRIBED IN § 6-405 OF THIS ARTICLE.

(B)     (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) (3) OF THIS SUBSECTION,
AN EMPLOYEE IN THE SKILLED SERVICE OR THE PROFESSIONAL SERVICE MAY
APPEAL A DISCIPLINARY ACTION TAKEN WHILE THE EMPLOYEE IS ON PROBATION
ONLY ON THE BASIS THAT THE ACTION WAS ILLEGAL OR UNCONSTITUTIONAL.

(2)     THE EMPLOYER EMPLOYEE HAS THE BURDEN OF PROOF IN AN
APPEAL UNDER THIS SECTION.

(3)     THE LIMITATION IN PARAGRAPH (1) LIMITATIONS IN PARAGRAPHS
(1) AND (2) OF THIS SUBSECTION DOES DO NOT APPLY TO AN EMPLOYEE IN THE
SKILLED SERVICE OR THE PROFESSIONAL SERVICE WHO IS ON PROBATION
FOLLOWING A PROMOTION OR REINSTATEMENT.

(C)     (1) AN EMPLOYEE OR AN EMPLOYEE'S REPRESENTATIVE MAY FILE
WITH THE HEAD OF THE PRINCIPAL UNIT A WRITTEN APPEAL OF A DISCIPLINARY
ACTION THAT STATES, TO THE EXTENT POSSIBLE, THE ISSUES OF FACT AND LAW
THAT THE EMPLOYEE BELIEVES WOULD WARRANT RESCINDING THE DISCIPLINARY
ACTION.

(2) AN APPEAL UNDER THIS SUBTITLE MUST BE FILED WITHIN 15 DAYS
AFTER THE EMPLOYEE RECEIVES NOTICE OF THE APPOINTING AUTHORITY'S
ACTION.

(D)    THE HEAD OF THE PRINCIPAL UNIT MAY CONFER WITH THE EMPLOYEE
BEFORE MAKING A DECISION.

(E)     (1) THE HEAD OF THE PRINCIPAL UNIT MAY:

(I)      UPHOLD THE DISCIPLINARY ACTION; OR

(II)     RESCIND OR MODIFY THE DISCIPLINARY ACTION TAKEN AND
RESTORE TO THE EMPLOYEE ANY LOST TIME, COMPENSATION, STATUS, OR
BENEFITS.

(2) WITHIN 15 DAYS AFTER RECEIVING AN APPEAL, THE HEAD OF THE
PRINCIPAL UNIT SHALL ISSUE TO THE EMPLOYEE A WRITTEN DECISION THAT
ADDRESSES EACH POINT RAISED IN THE APPEAL

11-111. 11-110.

(A) (1) WITHIN 10 DAYS AFTER RECEIVING A DECISION UNDER § 11-110 §
11-109 OF THIS SUBTITLE, AN EMPLOYEE OR AN EMPLOYEE'S REPRESENTATIVE MAY
APPEAL THE DECISION IN WRITING TO THE SECRETARY.

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