PARRIS N. GLENDENING, Governor

Ch. 347

(2) SUBMIT THE GRIEVANCE TO THE PEER REVIEW PANEL AFTER STEP
ONE OF THE GRIEVANCE PROCEDURE

12-302.

THE PEER REVIEW PANEL SHALL REVIEW EACH GRIEVANCE SUBMITTED TO IT
IN ACCORDANCE WITH ESTABLISHED PROCEDURES.

12-303.

(1)     AFTER A REVIEW, THE PANEL SHALL ISSUE A WRITTEN DECISION TO
THE PARTIES AND MAY GRANT ANY APPROPRIATE REMEDY UNDER § 12-402(A) OF
THIS TITLE

(2)     THE DECISION OF THE PEER REVIEW PANEL IS FINAL THE FINAL
ADMINISTRATIVE DECISION.

SUBTITLE 4. MISCELLANEOUS PROVISIONS.

12-401.

A DECISION MAKER AT ANY STEP IN THE GRIEVANCE PROCEDURE SHALL
DETERMINE THE:

(1)     PROPER INTERPRETATION OR APPLICATION OF THE POLICY,
PROCEDURE, OR REGULATION INVOLVED IN THE GRIEVANCE; AND

(2)     APPROPRIATE REMEDY.

[10-210.] 12-402

(A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, THE
REMEDIES AVAILABLE TO A GRIEVANT UNDER THIS TITLE ARE LIMITED TO THE
RESTORATION OF THE RIGHTS, PAY, STATUS, OR BENEFITS THAT THE GRIEVANT
OTHERWISE WOULD HAVE HAD IF THE CONTESTED POLICY, PROCEDURE, OR
REGULATION HAD BEEN APPLIED APPROPRIATELY AS DETERMINED BY THE FINAL
DECISION MAKER.

[(a)](B) (1) [The Secretary] A DECISION MAKER AT STEP TWO OR STEP
THREE OF THE GRIEVANCE PROCEDURE may order an appointing authority to grant
back pay [ in any grievance proceeding].

[(b)] (2) (I) In a reclassification grievance [proceeding in which], IF the
Secretary determines that the grievant is working outside of classification or in a position
that is improperly classified, the Secretary[, in the Secretary's discretion,] may order
back pay BACK PAY MAY BE AWARDED for a period not exceeding 1 year before the
grievance procedure was initiated.

(II) A BACK PAY ORDER UNDER THIS PARAGRAPH IS SOLELY IN
THE DISCRETION OF THE SECRETARY AND THE OFFICE OF ADMINISTRATIVE
HEARINGS.

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