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2002 LAWS OF MARYLAND
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Ch. 296
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CHAPTER 296
(Senate Bill 30)
AN ACT concerning
State Personnel - Disciplinary Actions - Expungement of Information from
Employment Personnel Records
FOR the purpose of requiring that any certain information related to a disciplinary
action be expunged from the employment personnel records of certain State
employees under certain circumstances; and generally relating to disciplinary
actions against State employees.
BY repealing and reenacting, with amendments,
Article - State Personnel and Pensions
Section 11-109, 11-110, 11-112, and 11-113
Annotated Code of Maryland '
(1997 Replacement Volume and 2001 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - State Personnel and Pensions
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 (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 employee has the burden of proof in an appeal under this
subsection.
(3) The limitations in paragraphs (1) and (2) of this subsection 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.
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- 2676 -
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