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Martin O'Malley, Governor
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H.B. 879
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(3) THE SECRETARY SHALL SPECIFY THE FORM OF THE NOTICE.
(C) A FORENSIC LABORATORY MAY NOT DISCRIMINATE OR RETALIATE
AGAINST AN EMPLOYEE OF THE LABORATORY BECAUSE THAT EMPLOYEE OR
ANY OTHER PERSON HAS PRESENTED A GRIEVANCE OR COMPLIANT OR HAS
INITIATED OR COOPERATED IN AN INVESTIGATION OR PROCEEDING RELATING
TO THE TESTS PERFORMED BY THE LABORATORY OR TO OTHER REQUIREMENTS
OR PROHIBITIONS OF THIS SUBTITLE.
(B) AN EMPLOYEE WHO WORKS IN A FORENSIC LABORATORY MAY
DISCLOSE INFORMATION TO THE SECRETARY THAT THE EMPLOYEE BELIEVES
EVIDENCES A VIOLATION OF STANDARDS AND REQUIREMENTS FOR FORENSIC
LABORATORIES IN THE STATE.
(C) A FORENSIC LABORATORY MAY NOT DISCRIMINATE OR RETALIATE
AGAINST AN EMPLOYEE BECAUSE THE EMPLOYEE:
(1) DISCLOSES INFORMATION UNDER SUBSECTION (B) OF THIS
SECTION; OR
(2) HAS AGREED TO COOPERATE WITH AN INVESTIGATION OF
THE FORENSIC LABORATORY.
(D) (1) THE SECRETARY SHALL DEVELOP, THROUGH REGULATION, A
DOCUMENT THAT INFORMS THE EMPLOYEES OF A FORENSIC LABORATORY OF
THE PROCEDURES TO REPORT INSTANCES OF NONCOMPIANCE OR OTHER
VIOLATIONS OF THE STANDARDS AND REQUIREMENTS FOR FORENSIC
LABORATORIES IN THE STATE.
(2) THE SECRETARY SHALL DISTRIBUTE THE DOCUMENT
DEVELOPED UNDER PARAGRAPH (1) OF THIS SUBSECTION TO FORENSIC
LABORATORIES IN THE STATE.
(E) A FORENSIC LABORATORY SHALL POST THE DOCUMENT
DEVELOPED UNDER SUBSECTION (D) OF THIS SECTION IN A CONSPICUOUS
PLACE.
(D) (F) AN EMPLOYEE OF A FORENSIC LABORATORY WHO HAS BEEN
DISCRIMINATED OR RETALIATED AGAINST IN VIOLATION OF SUBSECTION (C) OF
THIS SECTION MAY INITIATE JUDICIAL AN ACTION AND, ON PREVAILING, SHALL
BE ENTITLED TO:
(1) REINSTATEMENT;
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- 4773 -
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