PARRIS N. GLENDENING, Governor                             Ch. 347

(2) AN APPEAL SHALL STATE, TO THE EXTENT POSSIBLE, THE ISSUES OF
FACT AND LAW THAT ARE THE BASIS FOR THE APPEAL

(B)     WITHIN 30 DAYS AFTER RECEIVING AN APPEAL, THE SECRETARY OR
DESIGNEE SHALL:

(1)     (I) MEDIATE A SETTLEMENT BETWEEN THE EMPLOYEE AND THE
UNIT; OR

(II) UPHOLD THE UNITS DECISION AND REFER THE APPEAL TO
THE OFFICE OF ADMINISTRATIVE HEARINGS FOR A HEARING; AND

(2)     ADVISE THE EMPLOYEE IN WRITING OF THE SECRETARY'S ACTION.

(C)     (1) WITHIN 30 DAYS AFTER RECEIVING THE APPEAL, THE OFFICE OF
ADMINISTRATIVE HEARINGS SHALL SCHEDULE A HEARING AND NOTIFY THE
PARTIES OF THE HEARING DATE

(2) THE OFFICE OF ADMINISTRATIVE HEARINGS SHALL DISPOSE OF THE
APPEAL OR CONDUCT A HEARING ON EACH APPEAL IN ACCORDANCE WITH TITLE 10,
SUBTITLE 2 OF THE STATE GOVERNMENT ARTICLE THE OFFICE IS BOUND BY ANY
REGULATION, DECLARATORY RULING, PRIOR ADJUDICATION, OR OTHER SETTLED,
PREEXISTING POLICY, TO THE SAME EXTENT AS THE DEPARTMENT IS OR WOULD
HAVE BEEN BOUND IF IT WERE HEARING THE CASE.

(D)    (1) EXCEPT AS OTHERWISE PROVIDED BY THIS SUBTITLE, THE OFFICE
OF ADMINISTRATIVE HEARINGS MAY:

(I)      UPHOLD THE DISCIPLINARY ACTION;

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

(III) ORDER:

1.       REINSTATEMENT TO THE POSITION THAT THE EMPLOYEE
HELD AT DISMISSAL OR, IF THAT IS IMPRACTICAL, TO A COMPARABLE POSITION
WITHIN THE UNIT;

2.       FULL BACK PAY, WITH A DEDUCTION FOR INTERIM
EARNINGS FROM EMPLOYMENT ELSEWHERE OR AMOUNTS EARNABLE WITH
REASONABLE DILIGENCE; OR

3.       BOTH 1 AND 2.

(2)     WITHIN 45 DAYS AFTER THE CLOSE OF THE HEARING RECORD, THE
OFFICE OF ADMINISTRATIVE HEARINGS SHALL ISSUE TO THE PARTIES A WRITTEN
DECISION.

(3)     THE DECISION OF THE OFFICE OF ADMINISTRATIVE HEARINGS IS
FINAL THE FINAL ADMINISTRATIVE DECISION.

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