Home Table of Contents

§ 11-113. Appeals within unit

West's Annotated Code of MarylandState Personnel and PensionsEffective: March 14, 2016

West's Annotated Code of Maryland
State Personnel and Pensions (Refs & Annos)
Division I. State Personnel [Titles 1-19]
Title 11. Disciplinary Actions, Layoffs, and Employment Terminations in State Personnel Management System (Refs & Annos)
Subtitle 1. Disciplinary Actions (Refs & Annos)
Effective: March 14, 2016
MD Code, State Personnel and Pensions, § 11-113
§ 11-113. Appeals within unit
Application of section
(a) This section applies only 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.
Written appeals of disciplinary actions
(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.
Conference with employee prior to making decision
(c) The head of the principal unit may confer with the employee before making a decision.
Actions by head of principal unit
(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.
Expungement of disciplinary action from records
(e) Within 15 days after issuance of a decision to rescind a disciplinary action, the disciplinary action shall be expunged from the employee's personnel records.

Credits

Added by Acts 1996, c. 347, § 1, eff. Oct. 1, 1996. Amended by Acts 2002, c. 296, § 1, eff. Oct. 1, 2002; Acts 2007, c. 592, § 1, eff. June 1, 2007; Acts 2016, c. 8, § 1, eff. March 14, 2016.
MD Code, State Personnel and Pensions, § 11-113, MD ST PERS & PENS § 11-113
Current through legislation effective through April 25, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document