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PARRIS N. GLENDENING, Governor Ch. 296
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TO RESCIND A DISCIPLINARY ACTION, THE DISCIPLINARY ACTION SHALL BE
EXPUNGED FROM THE EMPLOYEE'S PERSONNEL RECORDS.
11-113.
(a) This section only applies to an employee:
(1) in the management service;
(2) in executive service; or
(3) under a special appointment described in § 6-405 of this article.
(b) (1) An employee or an employee's representative may file a written
appeal of a disciplinary action with the head of the principal unit.
(2) An appeal:
(i) must be filed within 15 days after the employee receives notice
of the disciplinary action; and
(ii) may only be based on the grounds that the disciplinary action is
illegal or unconstitutional.
(3) The employee has the burden of proof in an appeal under this section.
(c) The head of the principal unit may confer with the employee before making
a decision.
(d) (1) The head of the principal unit may:
(i) uphold the disciplinary action; or
(ii) rescind or modify the disciplinary action 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 the employee a written decision.
(3) The decision of the head of the principal unit is the final
administrative decision.
(E) WITHIN 15 DAYS AFTER ISSUANCE OF A DECISION TO RESCIND A
DISCIPLINARY ACTION, ANY INFORMATION RELATED TO THE DISCIPLINARY ACTION
SHALL BE EXPUNGED FROM THE EMPLOYEE'S EMPLOYMENT PERSONNEL RECORDS.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2002.
Approved May 6, 2002.
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- 2679 -
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