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§ 5-310. Appeals

West's Annotated Code of MarylandState Personnel and PensionsEffective: October 1, 2014

West's Annotated Code of Maryland
State Personnel and Pensions (Refs & Annos)
Division I. State Personnel [Titles 1-19]
Title 5. Employee Rights and Protections
Subtitle 3. Maryland Whistleblower Law in the Executive Branch of State Government (Refs & Annos)
Effective: October 1, 2014
MD Code, State Personnel and Pensions, § 5-310
§ 5-310. Appeals
In general
(a) A complainant may appeal to the Office of Administrative Hearings:
(1) within 10 days after receiving a decision under § 5-309 of this subtitle; or
(2) when a decision is not issued within 60 days after the complaint is filed and the complainant requests a hearing.
Hearings
(b)(1) The Office of Administrative Hearings shall 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.
(2) A record that is protected from disclosure under Title 4 of the General Provisions Article may be used as evidence in a hearing only if:
(i) the material is essential to the conduct of the hearing; and
(ii) names and other identifying information are deleted to the extent necessary to maintain confidentiality.
(3) The confidentiality of records and information protected from disclosure under Title 4 of the General Provisions Article shall be maintained in each hearing.
Written decisions issued by Office of Administrative Hearings
(c)(1) Within 45 days after the close of the hearing record, the Office of Administrative Hearings shall issue to the parties a written decision and may grant any appropriate relief under subsection (d) of this section.
(2) The decision of the Office of Administrative Hearings is final.
Relief
(d) A complainant who prevails at a hearing may be awarded any appropriate relief, including:
(1) any remedial action allowed under § 5-309(e) of this subtitle; and
(2) costs of litigation and reasonable attorney's fees.
Appeals of decision
(e) A complainant or appointing authority may appeal the decision issued under subsection (c) of this section in accordance with § 10-222 of the State Government Article.

Credits

Added by Acts 1996, c. 347, § 1, eff. Oct. 1, 1996. Amended by Acts 2014, c. 104, § 2, eff. Oct. 1, 2014.
MD Code, State Personnel and Pensions, § 5-310, MD ST PERS & PENS § 5-310
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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