reglab/statecodes huggingface dataset:
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 5 - Employee Rights and Protections › Subtitle 3 - Maryland Whistleblower Law in the Executive Branch of State Government › Section 5-302 - Effect of Subtitle

(a)    This subtitle does not preclude action for defamation or invasion of privacy.
(b)    This subtitle does not prohibit a personnel action that would have been taken regardless of a disclosure of information.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 5 - Employee Rights and Protections › Subtitle 3 - Maryland Whistleblower Law in the Executive Branch of State Government › Section 5-304 - Notice of Subtitle

(a)    The head of each principal unit shall provide the employees of the unit with written notice of the protections and remedies provided by this subtitle.
(b)    In addition to the requirement specified in subsection (a) of this section, the Secretary of Juvenile Services shall:
(1)    provide all employees of the Department of Juvenile Services with written notice of the protections and remedies provided by § 5–305(2) and (3) of this subtitle; and
(2)    include information on the protections and remedies provided by § 5–305(2) and (3) of this subtitle in the Department’s employee handbook and in any new employee orientation or training.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 5 - Employee Rights and Protections › Subtitle 3 - Maryland Whistleblower Law in the Executive Branch of State Government › Section 5-305 - Disclosure of Information -- Reprisal Prohibited

Subject to the limitations of § 5–306 of this subtitle, a supervisor, appointing authority, or the head of a principal unit may not take or refuse to take any personnel action as a reprisal against:
(1)    an employee who discloses information that the employee reasonably believes evidences:
(i)    an abuse of authority, gross mismanagement, or gross waste of money;
(ii)    a substantial and specific danger to public health or safety; or
(iii)    a violation of law;
(2)    an employee of the Department of Juvenile Services who discloses information to the Director of Juvenile Justice Monitoring or staff of the Juvenile Justice Monitoring Unit relating to the Unit’s duties under § 6–404(1) of the State Government Article; or
(3)    an employee who, following a disclosure under item (1) or (2) of this section, seeks a remedy provided under this subtitle or any other law or policy governing the employee’s unit.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 5 - Employee Rights and Protections › Subtitle 3 - Maryland Whistleblower Law in the Executive Branch of State Government › Section 5-306 - Disclosure of Information -- Protected Disclosures

Section 5-305 of this subtitle applies to a disclosure that is specifically prohibited by law only if that disclosure is made exclusively to the Attorney General in the manner allowed in § 5-313 of this subtitle.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 5 - Employee Rights and Protections › Subtitle 3 - Maryland Whistleblower Law in the Executive Branch of State Government › Section 5-307 - Election of Procedures

(a)    An employee in the State Personnel Management System who seeks relief for a violation of § 5-305 of this subtitle may elect to file:
(1)    a complaint under § 5-309 of this subtitle; or
(2)    a grievance under Title 12 of this article.
(b)    An employee of the University System of Maryland who is eligible to file a grievance under Title 13 of the Education Article and seeks relief for a violation of § 5-305 of this subtitle may elect to file:
(1)    a complaint under § 5-309 of this subtitle; or
(2)    a grievance under Title 13 of the Education Article.
(c)    An employee of Morgan State University who is eligible to file a grievance under Title 14 of the Education Article and seeks relief for a violation of § 5-305 of this subtitle may elect to file:
(1)    a complaint under § 5-309 of this subtitle; or
(2)    a grievance under Title 14 of the Education Article.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 5 - Employee Rights and Protections › Subtitle 3 - Maryland Whistleblower Law in the Executive Branch of State Government › Section 5-308 - Representation; Finality of Decision; Resolution of Complaint

(a)    (1)    A complainant may be represented during the complaint process by any person the complainant chooses.
(2)    Either party may be represented at a hearing by counsel.
(b)    (1)    If a complainant fails to appeal a decision in accordance with this subtitle, the complainant is considered to have accepted the decision.
(2)    A failure to decide a complaint in accordance with this subtitle is considered a denial from which an appeal may be made.
(c)    Each party shall make every effort to resolve a complaint at the lowest level possible.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 5 - Employee Rights and Protections › Subtitle 3 - Maryland Whistleblower Law in the Executive Branch of State Government › Section 5-309 - Filing of Complaints; Actions on Complaint

(a)    (1)    An employee subject to this subtitle may file with the Secretary a complaint that alleges a violation of § 5-305 of this subtitle.
(2)    A complaint under this subtitle must be filed within 6 months after the complainant first knew of or reasonably should have known of the violation.
(b)    When a complaint is received, the Secretary or designee promptly shall:
(1)    send a copy of the complaint to the head of the principal unit named in the complaint; and
(2)    advise the head of the principal unit to respond in writing to the complaint within 20 days after receiving the copy.
(c)    Within 60 days after a complaint is received:
(1)    the complaint shall be investigated to determine whether a violation of § 5-305 of this subtitle has occurred:
(i)    by the Secretary or designee of the Secretary; or
(ii)    if the Department is charged in the complaint, by a designee of the Governor; and
(2)    the Secretary or designee or the Governor's designee shall:
(i)    take the action described in subsection (d)(1) or (2) of this section; and
(ii)    issue to the complainant and head of the principal unit a written decision that includes any remedial action taken.
(d)    (1)    If the Secretary or designee or the Governor's designee determines that a violation has not occurred, the Secretary or Governor's designee shall dismiss the complaint.
(2)    If the Secretary or designee or the Governor's designee determines that a violation has occurred, the Secretary or designee shall take appropriate remedial action.
(e)    As a remedial action for a violation of § 5-305 of this subtitle, the Secretary or designee may:
(1)    order the removal of any related detrimental information from the complainant's State personnel records;
(2)    require the head of the principal unit to:
(i)    hire, promote, or reinstate the complainant or end the complainant's suspension from employment;
(ii)    award the complainant back pay to the day of the violation;
(iii)    grant the complainant leave or seniority;
(iv)    take appropriate disciplinary action against any individual who caused the violation; and
(v)    take any other remedial action consistent with the purposes of this subtitle.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 5 - Employee Rights and Protections › Subtitle 3 - Maryland Whistleblower Law in the Executive Branch of State Government › Section 5-310 - Appeals

(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.
(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.
(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.
(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.
(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.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 5 - Employee Rights and Protections › Subtitle 3 - Maryland Whistleblower Law in the Executive Branch of State Government › Section 5-311 - Costs and Attorney's Fees

After reviewing a final decision under this subtitle, the court may award costs of litigation and reasonable attorney's fees to a prevailing complainant and any other appropriate relief.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 5 - Employee Rights and Protections › Subtitle 3 - Maryland Whistleblower Law in the Executive Branch of State Government › Section 5-312 - Referral of Suspected Criminal Conduct

If, during an investigation under § 5-309(c) of this subtitle, the Secretary or Governor's designee finds that reasonable grounds exist to believe that a crime has been committed, the Secretary or Governor's designee shall:
(1)    promptly refer the matter to an appropriate prosecutor;
(2)    make all pertinent evidence available to the prosecutor; and
(3)    send to the individual believed to have committed the crime a notice that:
(i)    contains a statement of the allegation;
(ii)    notifies the individual that the matter has been referred to a prosecutor;
(iii)    advises the individual of the individual's right to obtain counsel; and
(iv)    advises the individual of the individual's right to refuse to respond to the allegation if a response might be incriminating.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 5 - Employee Rights and Protections › Subtitle 3 - Maryland Whistleblower Law in the Executive Branch of State Government › Section 5-313 - Disclosure of Protected Information to Attorney General

For purposes of this subtitle, the Attorney General shall:
(1)    designate an assistant Attorney General to receive from applicants and employees any information the disclosure of which is otherwise protected by law;
(2)    investigate each allegation of illegality or impropriety;
(3)    take appropriate legal action; and
(4)    if the investigation concerns an allegation of illegality or impropriety in the Executive Branch, submit a confidential report to the Governor that describes the content of the disclosure.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 5 - Employee Rights and Protections › Subtitle 3 - Maryland Whistleblower Law in the Executive Branch of State Government › Section 5-314 - Confidentiality of Information Obtained Through Investigation

Information obtained as part of an investigation conducted under this subtitle is confidential within the meaning of Title 4 of the General Provisions Article.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 5 - Employee Rights and Protections › Subtitle 4 - Mental Health Services for Traumatic Events › Section 5-401 - Mental Health Support Services for Traumatic Events

(a)    (1)    In this subtitle the following words have the meanings indicated.
(2)    “State facility” has the meaning stated in § 8–306(a) of the State Government Article.
(3)    “Unit” means a unit of the Executive Branch of State government.
(b)    If a traumatic event occurs in a State facility of a unit and results in the death of an individual, the unit shall obtain mental health support services for any employee of the unit affected by the traumatic event.
(c)    The services required under this section shall be provided within 48 hours after the traumatic event occurs.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 6 - State Personnel Management System Generally › Subtitle 1 - State Personnel Management System Established; Purpose › Section 6-102 - Purposes

The basic purpose of the State Personnel Management System is to provide a system of employment for employees under the authority of the Secretary. The State Personnel Management System:
(1)    (i)    establishes categories of service for employees based on the general nature of the employee's duties or method of appointment; and
(ii)    provides procedures for the appointment, discipline, and termination of employees in each service;
(2)    (i)    groups employees into classes based on specific duties that employees perform; and
(ii)    provides a system of pay for employees;
(3)    provides for a system of merit employment in the skilled service and professional service, regardless of an applicant's political or religious opinions or affiliations or of any standard other than business efficiency;
(4)    provides a process for the:
(i)    promotion and training of employees; and
(ii)    prompt removal of employees; and
(5)    provides for other aspects of human resources management.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 6 - State Personnel Management System Generally › Subtitle 2 - Responsibilities of Appointing Authorities in State Personnel Management System › Section 6-202 - Compliance With Division; Cooperation With Secretary

(a)    An appointing authority shall take any personnel action governed by Division I of this article consistent with the provisions of Division I and the regulations, guidelines, policies, and procedures adopted under it.
(b)    An appointing authority shall cooperate with the Secretary to ensure that Division I of this article is properly enforced.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 6 - State Personnel Management System Generally › Subtitle 2 - Responsibilities of Appointing Authorities in State Personnel Management System › Section 6-203 - Prerequisites to Appointments

An appointing authority may appoint an employee to a position in the skilled service, professional service, management service, or executive service only if the position has been assigned to a class in accordance with Title 4, Subtitle 2 of this article.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 6 - State Personnel Management System Generally › Subtitle 3 - Positions in State Personnel Management System › Section 6-301 - Elected and Constitutional Positions Excluded

Except to the extent otherwise provided by law, the following positions in State government are excluded from the State Personnel Management System:
(1)    a position to which an individual is elected by popular vote; and
(2)    a position to which an individual's election or appointment is provided for by the Maryland Constitution.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 6 - State Personnel Management System Generally › Subtitle 3 - Positions in State Personnel Management System › Section 6-302 - Positions in the Executive Branch

(a)    Except as provided in this subsection or otherwise by law, all positions in the Executive Branch of State government are in the State Personnel Management System.
(b)    Except to the extent otherwise provided by law, all positions in a unit in the Executive Branch of State government with an independent personnel system are excluded from the State Personnel Management System.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 6 - State Personnel Management System Generally › Subtitle 3 - Positions in State Personnel Management System › Section 6-306 - Eligibility of Individuals 70 or Older for State Employment

Any individual 70 years old or older is eligible for appointment to any nontemporary position in the State Personnel Management System for which the individual qualifies, and the appointment is subject to the provisions of this article.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 6 - State Personnel Management System Generally › Subtitle 4 - Employment Categories in the State Personnel Management System › Section 6-401 - Skilled Service

(a)    Except as provided in this title or otherwise by law, all positions in the Executive Branch of State government that are included in the State Personnel Management System are in the skilled service.
(b)    The skilled service includes any other position that is specified by law to be in the skilled service.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 6 - State Personnel Management System Generally › Subtitle 4 - Employment Categories in the State Personnel Management System › Section 6-402 - Professional Service

(a)    Except as otherwise provided by law, a position in the Executive Branch of State government is in the professional service if the position:
(1)    requires knowledge of an advanced type in a field of science or learning customarily acquired by a course of specialized intellectual instruction and study; and
(2)    normally requires a professional license, advanced degree, or both.
(b)    The professional service includes any other position that is determined by the Secretary to be in the professional service.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 6 - State Personnel Management System Generally › Subtitle 4 - Employment Categories in the State Personnel Management System › Section 6-403 - Management Service

(a)    Except as otherwise provided by law, a position in the Executive Branch of State government is in the management service if the position:
(1)    primarily involves direct responsibility for the oversight and management of personnel and financial resources;
(2)    requires the exercise of discretion and independent judgment; and
(3)    is not in the executive service.
(b)    The management service includes any other position that is determined by the Secretary to be in the management service.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 6 - State Personnel Management System Generally › Subtitle 4 - Employment Categories in the State Personnel Management System › Section 6-404 - Executive Service

(a)    Except as otherwise provided by law, the following positions in the Executive Branch of State government are in the executive service:
(1)    the chief administrator of a principal unit or a comparable position that is not excluded from the State Personnel Management System under § 6-301 of this title as a constitutional or elected office; and
(2)    a deputy secretary or assistant secretary of a principal unit or a position that the Secretary determines has similar stature.
(b)    The executive service includes any other position that is determined by the Secretary to be in the executive service.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 6 - State Personnel Management System Generally › Subtitle 4 - Employment Categories in the State Personnel Management System › Section 6-405 - Special Appointees

(a)    Except as otherwise provided by law, individuals in the following positions in the skilled service and professional service are considered special appointments:
(1)    a position to which an individual is directly appointed by the Governor by an appointment that is not provided for by the Maryland Constitution;
(2)    a position to which an individual is directly appointed by the Board of Public Works;
(3)    as determined by the Secretary, a position which performs a significant policy role or provides direct support to a member of the executive service;
(4)    a position that is assigned to the Government House;
(5)    a position that is assigned to the Governor’s Office; and
(6)    any other position that is specified by law to be a special appointment.
(b)    Except as provided under § 6–105(a) of the State Government Article, a position that is a special appointment may be filled with regard to political affiliation, belief, or opinion if the Secretary determines that the position:
(1)    relates to political interests or concerns so as to warrant that political affiliation be a requirement for the position; and
(2)    (i)    requires the provision of meaningful direct or indirect input into the policy–making process; or
(ii)    provides access to confidential information and:
1.    requires substantial intervention or collaboration in the formulation of public policy; or
2.    requires the provision of direct advice or the rendering of direct services to an appointing authority.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 6 - State Personnel Management System Generally › Subtitle 4 - Employment Categories in the State Personnel Management System › Section 6-406 - Temporary Employees

(a)    (1)    A contractual employee is a temporary employee whose employment is governed by Title 13 of this article.
(2)    An emergency employee is a temporary employee who is appointed under § 7-301 of this article.
(b)    A temporary employee:
(1)    is not included in the skilled service, professional service, management service, or executive service; and
(2)    is not a special appointment described in § 6-405 of this subtitle.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 7 - Employment in the State Personnel Management System › Subtitle 1 - General Provisions › Section 7-101 - Scope of Title

(a)    Except as provided in subsection (b) of this section, this title applies to all employees in the State Personnel Management System.
(b)    This subtitle does not apply to a temporary employee.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 7 - Employment in the State Personnel Management System › Subtitle 1 - General Provisions › Section 7-102 - Position Descriptions

(a)    (1)    Each employee in the skilled service, professional service, and management service, including special appointments in each classification of each of those services, shall be provided with a written position description which describes the essential duties and responsibilities the employee is expected to perform and the standards for satisfactory performance on a form approved by the Secretary.
(2)    A successful applicant for a position in the skilled service, professional service, or management service shall be provided with a position description for review before accepting appointment to the position.
(b)    The appointing authority or designee shall approve position descriptions and revised position descriptions for the positions in the unit.
(c)    (1)    A supervisor shall:
(i)    ensure the preparation of a position description for each position over which the supervisor has primary direct responsibility;
(ii)    maintain position descriptions for the positions under the supervisor’s jurisdiction; and
(iii)    give each supervised employee a copy of the position description for the employee’s position.
(2)    The supervisor and employee shall review the position description for the employee’s position and make any necessary revision:
(i)    whenever there is a change in the essential functions of the position; and
(ii)    as part of the employee’s performance appraisal.
(3)    When there is no position description for a new or vacant position, the primary direct supervisor of the position shall:
(i)    prepare a position description for the position; and
(ii)    submit it as part of the selection plan to fill the position.
(d)    A position description shall contain information required by the Secretary, including a description of the essential functions of the position.
(e)    (1)    The duties and responsibilities assigned to a position shall be consistent with the duties and responsibilities for the position’s assigned class.
(2)    An employee may grieve the assignment of duties and responsibilities only if those assigned duties and responsibilities clearly are applicable to a different class.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 7 - Employment in the State Personnel Management System › Subtitle 1 - General Provisions › Section 7-103 - Request for Criminal History Records Check. -- in General

(a)    In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.
(b)    (1)    An appointing authority may request a State and national criminal history records check from the Central Repository for:
(i)    a person who is selected for a position in the State Personnel Management System; or
(ii)    a current employee who is eligible and is being recommended for transfer, promotion, or reassignment to a position in the State Personnel Management System.
(2)    The appointing authority shall apply to the Central Repository for a State and national criminal history records check for each prospective or current employee for whom a records check is sought under paragraph (1) of this subsection.
(3)    As part of the application for a criminal history records check, the appointing authority shall submit to the Central Repository:
(i)    two complete sets of the prospective or current employee’s legible fingerprints taken in a format approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;
(ii)    the fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to criminal history record information; and
(iii)    the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.
(4)    In accordance with Title 10, Subtitle 2 of the Criminal Procedure Article, the Central Repository shall forward to the prospective or current employee and the appointing authority the prospective or current employee’s criminal history record information.
(5)    Information obtained from the Central Repository under this subsection:
(i)    is confidential and may not be redisseminated; and
(ii)    may be used only for employment purposes authorized under Division I of this article.
(c)    A person who is the subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article.
(d)    The Secretary may adopt regulations, guidelines, and policies to carry out this section.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 7 - Employment in the State Personnel Management System › Subtitle 2 - Appointment in Skilled Service and Professional Service › Section 7-201 - Scope of Subtitle; Regulations; Position Selection Plan; Duties of Department

(a)    (1)    This subtitle does not apply to a special appointment position in the skilled service or professional service.
(2)    (i)    This subtitle does not apply to the recruitment for or the appointment to a position in the skilled service or professional service if the appointing authority:
1.    decides to recruit for the position under § 7–203(2) of this subtitle;
2.    demonstrates that the position, based on the position description, is difficult to fill;
3.    demonstrates that the recruitment must occur in a timely manner; and
4.    notifies the Department of the recruitment.
(ii)    A recruitment and appointment under this paragraph shall occur in accordance with regulations adopted by the Department.
(iii)    1.    The Department shall adopt regulations to implement this paragraph.
2.    The regulations adopted under this subparagraph shall provide, at a minimum, that for positions designated as special appointments on January 1, 2009, an appointing authority shall retain the same recruitment authority that the appointing authority possessed on January 1, 2009.
(b)    Each unit shall fill vacant skilled service and professional service positions in accordance with a position selection plan.
(c)    To ensure compliance with State and federal employment laws and to ensure consistency in recruitment and hiring practices in the State Personnel Management System, the Department shall:
(1)    assist units in developing application forms, position selection plans, selection tests, and announcement forms; and
(2)    review and audit recruitment and hiring practices of all appointing authorities at least once every 3 years.
(d)    On request of a unit that is not able to conduct all or part of its own recruitment or selection testing for a position because it lacks the appropriate resources, the Department, consistent with its resources, shall assist the unit in conducting the requested recruitment and selection testing.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 7 - Employment in the State Personnel Management System › Subtitle 2 - Appointment in Skilled Service and Professional Service › Section 7-202 - Position Selection Plans

(a)    When a skilled service or professional service position is to be filled, the unit shall complete a position selection plan for the position.
(b)    A position selection plan shall contain the information about the position that the Secretary requires, including:
(1)    a position description described in § 7–102 of this title;
(2)    the minimum qualifications for the class of the position and any selective qualifications required for appointment to the position;
(3)    any limitations on selection for the position, including those that limit consideration to:
(i)    current State or unit employees;
(ii)    current contractual employees;
(iii)    promotional candidates; or
(iv)    candidates indicating a willingness to work in a location; and
(4)    if applicants for the position are to be recruited, the:
(i)    location for submitting applications;
(ii)    manner for posting the position announcement in the unit;
(iii)    method and length of time for advertising the position;
(iv)    closing date to receive applications for the position;
(v)    plan of development of any selection test to be administered to qualified applicants; and
(vi)    duration of the list of eligibles that results from the recruitment.
(c)    The appointing authority shall:
(1)    approve or disapprove each position selection plan;
(2)    authorize funding for approved plans; and
(3)    send a copy of an approved selection plan to the equal employment opportunity officer of the unit.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 7 - Employment in the State Personnel Management System › Subtitle 2 - Appointment in Skilled Service and Professional Service › Section 7-203 - Selection of Candidates

(a)    An appointing authority may select candidates for a position:
(1)    from an existing list of eligible candidates;
(2)    if the appointing authority decides to recruit for the position, by recruitment;
(3)    from a special list of eligible candidates whom the Division of Rehabilitation Services of the Department of Education certifies as being physically capable and adequately trained to qualify for the position;
(4)    from a list of contractual employees performing the same or similar duties of the position; or
(5)    as provided in subsection (b) of this section.
(b)    (1)    An appointing authority may select a disabled veteran for a position if:
(i)    the disabled veteran:
1.    served in any branch of the armed forces of the United States; and
2.    A.    is included on a United States armed forces permanent disability list with a disability rating of at least 30%; or
B.    has been rated by the United States Department of Veterans Affairs as having a compensable service–connected disability of at least 30%;
(ii)    the disabled veteran presents to the appointing authority written documentation:
1.    issued by an appropriate department of the federal government within the year preceding selection; and
2.    certifying the existence and extent of the veteran’s disability;
(iii)    the appointing authority determines that the disabled veteran is qualified to perform the duties and responsibilities of the position;
(iv)    the appointing authority notifies the Secretary in writing that the position is to be filled by a disabled veteran on a noncompetitive basis in accordance with this subsection; and
(v)    the disabled veteran does not hold a permanent appointment or have mandatory reinstatement rights to a permanent appointment.
(2)    The requirements of § 7–209 of this subtitle do not apply to a disabled veteran selected for a vacant position under paragraph (1) of this subsection.
(3)    If an appointing authority elects to select a disabled veteran for a vacant position under paragraph (1) of this subsection, the appointing authority may interview any disabled veteran who:
(i)    has expressed an interest to the appointing authority in applying for the position; and
(ii)    satisfies the requirements under paragraph (1) of this subsection.
(4)    Except as provided in paragraph (3) of this subsection, if an appointing authority elects to select a disabled veteran for a vacant position under paragraph (1) of this subsection, the appointing authority is not required to interview any other qualified applicants for appointment to the position.
(5)    This subsection does not require an appointing authority to select a disabled veteran for a vacant position or prohibit an appointing authority from filling a vacant position in accordance with the requirements of this subtitle.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 7 - Employment in the State Personnel Management System › Subtitle 2 - Appointment in Skilled Service and Professional Service › Section 7-204 - Job Announcements

(a)    To recruit candidates for a position, an appointing authority shall prepare a job announcement for the position and conduct recruitment in accordance with the position selection plan.
(b)    A job announcement shall contain:
(1)    a summary of the position description;
(2)    the minimum qualifications for the class and any selective qualifications necessary for consideration;
(3)    the type of selection test that will be administered to those meeting the position’s minimum qualifications;
(4)    the location and deadline for submitting applications; and
(5)    the duration of the list of eligibles derived from the announcement.
(c)    For a vacant position under this subtitle, the appointing authority shall:
(1)    send a copy of the selection plan and job announcement to the Secretary at least 1 week before posting the job announcement to assure public access;
(2)    if current employees or contractual employees in the unit may be eligible for the position:
(i)    post the job announcement for at least 2 weeks before the deadline for submitting applications, in at least one centralized location in that unit that is accessible to all employees; and
(ii)    use any other method reasonably calculated to give eligible employees notice of the vacancy; and
(3)    advertise the position vacancy at least 2 weeks before the deadline for submitting applications by:
(i)    making available a job announcement to all appropriate State agencies, based on selection limitations; and
(ii)    using any other method that is reasonably calculated to ensure a sufficient pool of applicants, including printed advertisements in newspapers and journals, paper and electronic bulletin board postings, and special notices.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 7 - Employment in the State Personnel Management System › Subtitle 2 - Appointment in Skilled Service and Professional Service › Section 7-205 - Qualified Applicants

(a)    After the close of a position announcement, the appointing authority shall:
(1)    review the applications received to determine the applicants who meet the minimum qualifications for the position;
(2)    prepare a register of qualified applicants in random order;
(3)    send to unqualified applicants a notice that they have failed to meet the minimum qualifications for the position; and
(4)    except as provided in subsection (b) of this section, if a competitive examination that requires attendance at a test site is required for the position, send a notice of the examination to qualified applicants on the register at least 10 days before the test administration date.
(b)    If less than ten but more than two applicants meet the minimum requirements for a position, the appointing authority may:
(1)    make a selection from the register without the need for further selection testing; or
(2)    readvertise the position vacancy.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 7 - Employment in the State Personnel Management System › Subtitle 2 - Appointment in Skilled Service and Professional Service › Section 7-206 - Rating Qualified Applicants

(a)    (1)    An appointing authority may use any appropriate selection process to rate qualified applicants.
(2)    A unit must be able to establish the job relatedness, reliability, and validity of the selection tests that it uses.
(b)    (1)    A selection test must be:
(i)    free of charge; and
(ii)    except as provided in paragraph (2) of this subsection, open to all qualified applicants.
(2)    An appointing authority:
(i)    may disqualify and refuse to examine an otherwise qualified applicant who intentionally falsifies information in the application; and
(ii)    shall give the applicant a written notice of the reason for the proposed disqualification.
(3)    An applicant who is disqualified under this subsection may submit a written response to the notice.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 7 - Employment in the State Personnel Management System › Subtitle 2 - Appointment in Skilled Service and Professional Service › Section 7-208 - Categorization of Candidates

(a)    The appointing authority shall:
(1)    based on appropriate standards, place the candidates within the following categories:
(i)    best qualified;
(ii)    better qualified;
(iii)    qualified;
(iv)    unsatisfactory;
(v)    certified by the Division of Rehabilitation Services;
(vi)    eligible for reinstatement after layoff or after a separation under § 11-302 of this article;
(vii)    eligible for reinstatement; or
(viii)    eligible for transfer; and
(2)    place the candidates on a list of eligible candidates by category in random order within the category except for candidates eligible for reinstatement after layoff or separation under § 11-302 of this article who shall be placed in that category in seniority point order.
(b)    On request, an appointing authority shall notify eligible candidates of their relative standing on the list of eligible candidates.
(c)    (1)    The appointing authority shall file the list of eligible candidates with the Department for use by other agencies requesting it; or
(2)    if the Department develops a list of eligible candidates, the Department shall send the list to the appropriate appointing authorities, on request, in accordance with regulations adopted by the Secretary.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 7 - Employment in the State Personnel Management System › Subtitle 2 - Appointment in Skilled Service and Professional Service › Section 7-209 - Appointments

(a)    Except as otherwise provided by law, an appointing authority shall make an appointment from among the candidates in a rating category on a list of eligible candidates as follows:
(1)    if there are at least five candidates rated best qualified, from that rating category;
(2)    if there are fewer than five candidates rated best qualified, from the candidates in the best qualified and better qualified categories; and
(3)    if there are fewer than five candidates rated best qualified and better qualified, from candidates in best qualified, better qualified, and qualified categories.
(b)    A candidate who is an eligible veteran under § 7-207(c) of this subtitle shall be identified as an eligible veteran on the list of eligible candidates.
(c)    (1)    In making a selection, the appointing authority may interview any of the candidates in the rating category from which the selection will be made.
(2)    When interviews are conducted under this section, the appointing authority must interview at least three candidates.
(d)    The appointing authority must certify to the Secretary that the hiring process was conducted in accordance with the selection plan and this subtitle.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 7 - Employment in the State Personnel Management System › Subtitle 2 - Appointment in Skilled Service and Professional Service › Section 7-210 - Appeals

(a)    Any applicant under this title who is not selected for a position may appeal the decision.
(b)    An appeal:
(1)    may be made only on the grounds that the decision was unconstitutional or illegal; and
(2)    may only be made to the appointing authority.
(c)    The decision of the appointing authority is final.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 7 - Employment in the State Personnel Management System › Subtitle 3 - Other Appointments › Section 7-301 - Guidelines; Duration of Emergency Appointments

(a)    In accordance with guidelines issued by the Secretary, an appointing authority shall appoint individuals to the executive service, the management service, as special appointments, or as emergency appointments.
(b)    These guidelines shall require that the individual appointed shall be qualified to perform the work described in the position description required by § 7-102 of this title.
(c)    An emergency appointment under this section may not exceed 6 months and may not be renewed.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 7 - Employment in the State Personnel Management System › Subtitle 4 - Probation › Section 7-401 - Scope of Subtitle

(a)    Except as provided in this section, this subtitle applies to all employees in the:
(1)    skilled service; and
(2)    professional service.
(b)    This subtitle does not apply to an employee in:
(1)    the management service; and
(2)    a special appointment position in any service.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 7 - Employment in the State Personnel Management System › Subtitle 4 - Probation › Section 7-402 - Probation After Appointment or Promotion

(a)    Each employee subject to this subtitle is required to complete a 6-month probationary period as the final step in:
(1)    the employee's initial appointment to a position in the State Personnel Management System;
(2)    the employee's appointment to a position in the skilled or professional service following a competitive promotion; and
(3)    except as provided in subsection (b) of this section, the employee’s appointment to a position in the skilled or professional service following a reinstatement.
(b)    An employee is not required to serve a probationary period if the employee is reinstated within 1 year after the employee’s separation from State service to a classification in which the employee had previously completed a probationary period.
(c)    To successfully complete a probationary period, an employee is required to demonstrate proficiency in the assigned duties and responsibilities of the position to which the employee is appointed.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 7 - Employment in the State Personnel Management System › Subtitle 4 - Probation › Section 7-403 - Extension of Probationary Period

(a)    Subject to subsection (b) of this section and at the sole discretion of the employee's appointing authority, an employee's probationary period may be extended if:
(1)    the appointing authority decides that additional time is necessary to allow the employee to demonstrate proficiency in the performance of the employee's assigned duties and responsibilities;
(2)    in the appointing authority's judgment, the period of the employee's absence on approved leave is sufficient to prevent the appointing authority from making a reasonable decision regarding the proficiency of the employee's performance; or
(3)    the employee requests to extend the probationary period.
(b)    (1)    Except as provided in paragraph (2) of this subsection, an employee’s probationary period may be extended under subsection (a) of this section up to one additional 6-month period.
(2)    For an employee appointed to a skilled service position below grade 7, an employee’s probationary period may be extended under subsection (a) of this section up to one additional 3-month period.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 7 - Employment in the State Personnel Management System › Subtitle 4 - Probation › Section 7-404 - Orientation and Evaluations

(a)    Each appointing authority and, where applicable, supervisor has the responsibility of properly explaining the duties and responsibilities of an employee's position to the employee, providing the employee with a written position description and otherwise orienting the employee to the operations of the employee's unit.
(b)    Periodically during the probationary period, an appointing authority or an employee's supervisor, as appropriate, shall confer with the employee about the employee's performance and improvements in that performance that are necessary to satisfactorily complete probation.
(c)    (1)    An appointing authority shall ensure that at the end of an employee's first 90 days of probation the employee receives a written evaluation of the employee's performance and any recommendations for improvement.
(2)    If the appointing authority extends an employee's probationary period, the appointing authority shall ensure that the employee receives additional written evaluations:
(i)    at the end of the employee's initial probationary period; and
(ii)    at the mid-point of the extension period.