reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.05 - Reinstatement › Section 11.02.05.01 - Eligibility for Reinstatement

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Employees eligible for reinstatement include:
(1) Department employees on an approved leave
				of absence applying before the expiration of the leave of absence;
(2) Transportation Service employees who are
				laid off and return within a 5-year period from the time of the employee's
				layoff;
(3) Transportation Service
				employees who have separated in good standing applying within a 5-year period
				following the employee's resignation; and
(4) Department employees who have not
				converted into the Transportation Service, and who:
(a) Are laid off and return within a 2-year
				period from the time of the employee's layoff, and
(b) Have separated in good standing applying
				within a 2-year period following the employee's resignation.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.06 - Medical Examinations and Evaluations › Section 11.02.06.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
The Secretary shall designate a Department Medical Advisor
				  who shall advise the appointing authority or the appointing authority's
				  designee with respect to medical examinations and medical evaluations related
				  to employment with the Department. Reports shall be provided by the Department
				  Medical Advisor to the appointing authority or the appointing authority's
				  designee.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.06 - Medical Examinations and Evaluations › Section 11.02.06.02 - Department Medical Advisor

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department
				Medical Advisor:
(1) Is a licensed physician
				who is an employee of the Department or who is contracted by the Department to
				provide the required Department Medical Advisor services;
(2) May consult with other health care
				professionals to carry out the responsibilities set forth in this chapter
				subject to the approval of the Secretary;
(3) Shall conduct medical examinations as
				provided for under the Department Medical Advisor Policy, and the determination
				of the Department Medical Advisor in these examinations is the final medical
				determination;
(4) Is the
				Department's medical expert on employability and all other related
				matters;
(5) Shall conduct any
				other medical examinations or studies concerning the medical state of employees
				or individuals who have received an offer of employment or a conditional offer
				of employment as directed by the appointing authority or the appointing
				authority's designee; and
(6) May
				advise the appointing authority or the appointing authority's designee that an
				individual has a medical condition which affects the individual's ability to
				perform the essential functions of the position.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.07 - Layoff › Section 11.02.07.01 - General Provisions

Current through Register Vol. 51, No. 14, July 12, 2024
A. This
				chapter does not apply when positions are deleted from the budget by the:
(1) Governor's decision to omit an
				appropriation for a position from the budget bill as evidenced in the
				supporting documentation submitted in the budget;
(2) General Assembly's decision to strike out
				an appropriation for a position as evidenced in the budget bill or in the
				report of the budget committees; or
(3) Governor's decision pursuant to State
				Finance and Procurement Article, §
										7-213,
				Annotated Code of Maryland, with the approval of the Board of Public Works, to
				reduce an appropriation for a position included in the budget bill as enacted,
				as evidenced in the supporting documentation submitted to the Board of Public
				Works.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.07 - Layoff › Section 11.02.07.02 - Retention Points

Current through Register Vol. 51, No. 14, July 12, 2024
A. Formula for
				Establishing Retention Points. The Secretary shall establish a formula which
				reflects the following factors and percentages:
(1) Total State service - 25
				percent;
(2) Total service in the
				Department - 50 percent; and
(3)
				Performance appraisals - 25 percent.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.07 - Layoff › Section 11.02.07.03 - Severance Pay

Current through Register Vol. 51, No. 14, July 12, 2024
A. Employees who
				are laid off who have 1 year or more of service with the Department of
				Transportation shall receive severance pay.
B. The Secretary may also authorize the
				offering of severance pay to employees in designated work units affected by a
				reduction in force who resign instead of a layoff action.
C. Severance pay for employees who are laid
				off, except for employees laid off due to lack of funds, is 1 week of pay for
				each year of service with the State, with a minimum of 4 weeks and a maximum of
				26 weeks.
D. Subject to §A of
				this regulation, employees laid off due to lack of funds shall receive 4 weeks
				severance pay, regardless of length of service.
E. If an employee who is laid off, or resigns
				instead of layoff, returns to employment with the Department within 6 months in
				the same classification, the employee shall reimburse the Department, on a
				prorated basis, for any severance pay received.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.07 - Layoff › Section 11.02.07.04 - Recall

Current through Register Vol. 51, No. 14, July 12, 2024
Employees who are laid off or resign instead of layoff shall
				  be placed on a list of eligibles for their classification for reinstatement for
				  5 years as specified in COMAR 11.02.05.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.08 - Disciplinary Action › Section 11.02.08.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. In the case of
				Career Service employees, disciplinary action may include, as appropriate:
(1) Official written reprimand;
(2) Suspension without pay;
(3) Loss of leave;
(4) Involuntary demotion;
(5) Suspension, with or without pay, pending
				charges for termination;
(6)
				Termination under charges from a Career Service position; or
(7) Rejection on promotional
				probation.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.08 - Disciplinary Action › Section 11.02.08.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meanings indicated.
B. Terms Defined.
(1) "Conviction" means:
(a) A judgment of conviction, whether entered
				upon a finding of guilt or acceptance of a plea of nolo contendere, and the
				imposition of sentence; or
(b) The
				staying of the entry of judgment and the placing of the defendant on probation
				after a finding of guilty or the acceptance of a plea of nolo
				contendere.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.08 - Disciplinary Action › Section 11.02.08.02-1 - Official Written Reprimand

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				The appointing authority or the appointing authority's designee may give an
				employee an official written reprimand because of unacceptable job performance
				or work-related conduct.
B. Time
				Limit for Imposition of an Official Written Reprimand. An official written
				reprimand shall be imposed within the time frame set forth in Regulation .01D
				of this chapter.
C. Written Notice.
				The appointing authority or the appointing authority's designee shall notify an
				employee in writing of the reasons for the official written reprimand, and the
				appropriate appeal procedure, including the time frames for appeal.
D. Appeal of an Official Written Reprimand.
				An employee may appeal an official written reprimand in accordance with the
				procedures set forth in Regulation .10 of this chapter.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.08 - Disciplinary Action › Section 11.02.08.03 - Disciplinary Suspension

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				appointing authority or the appointing authority's designee may suspend an
				employee without pay because of unacceptable job performance or work-related
				conduct.
B. Disciplinary Suspension
				of Fair Labor Standards Act (FLSA) Exempt Employees.
(1) The appointing authority, or the
				appointing authority's designee, may suspend an FLSA exempt employee as
				provided for under §A of this regulation.
(2) FLSA exempt employees shall be suspended
				in increments of 5 workdays, as defined in COMAR
				11.02.03.01B(10).
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.08 - Disciplinary Action › Section 11.02.08.04 - Disciplinary Loss of Leave

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Disciplinary Loss of Leave. The appointing authority or the appointing
				authority's designee may, for disciplinary purposes, remove up to 5 days of
				personal or annual leave, or personal and annual leave, from an employee's
				accumulated leave balance. Personal leave shall be removed before annual leave.
				Disciplinary loss of leave may be imposed because of unacceptable job
				performance or work-related conduct.
B. Time Limit for Imposition of Loss of
				Leave. Loss of leave shall be imposed within the time frame set forth in
				Regulations .01D and .03E of this chapter.
C. Written Notice. The appointing authority
				or the appointing authority's designee shall notify an employee in writing on a
				Transportation Service Loss of Leave form of the reasons for the loss of leave
				and the appropriate appeal route, including the time frame for
				appeal.
D. Appeal of Disciplinary
				Loss of Leave. An employee may appeal a disciplinary loss of leave in
				accordance with the procedures set forth in Regulation .10 of this
				chapter.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.08 - Disciplinary Action › Section 11.02.08.05 - Involuntary Demotion

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				appointing authority or the appointing authority's designee may demote an
				employee for disciplinary or performance reasons, and may reduce the employee's
				salary or wages.
B. Time Limit for
				Imposition of an Involuntary Demotion. An involuntary demotion shall be imposed
				within the time frame set forth in Regulation .01D of this chapter.
C. Written Notice. The appointing authority
				or the appointing authority's designee shall provide an employee in writing
				with the reason or the reasons for the demotion, the proposed new
				classification and grade level, the future effective date of the demotion, and
				the appropriate appeal route, including the time frame for appeal.
D. The appointing authority or the appointing
				authority's designee shall give an employee notice at least 30 days before the
				effective date of a demotion.
E.
				Appeal of an Involuntary Demotion. An employee may appeal an involuntary
				demotion in accordance with the procedures set forth in Regulation .10 of this
				chapter.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.08 - Disciplinary Action › Section 11.02.08.05-1 - Suspension Pending Charges for Termination of a Career Service Employee

Current through Register Vol. 51, No. 14, July 12, 2024
A. An appointing
				authority or the appointing authority's designee may suspend a Career Service
				employee with or without pay pending final disposition of the charges for
				termination, if the suspension is necessary to protect the interests of the
				Department.
B. Written Notice. The
				appointing authority or the appointing authority's designee shall notify the
				employee in writing of the reason or reasons for the suspension pending charges
				for termination, the effective date of the suspension, and the appropriate
				appeal route, including the time frame for appeal.
C. Thirty Day Limitation for Suspension
				Without Pay Pending Charges for Termination.
(1) If an employee is suspended without pay,
				the appointing authority or designated representative shall provide to the
				Secretary of Transportation the charges for termination within 30 days after
				the first day of the suspension period.
(2) If the appointing authority or designated
				representative has not filed the charges for termination after 30 days, the
				employee shall be placed on leave with pay until the Secretary of
				Transportation receives charges for termination.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.08 - Disciplinary Action › Section 11.02.08.07 - Discipline or Termination of an Executive Service or Commission Plan Employee

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				appointing authority may recommend to the Secretary of Transportation the
				discipline or termination of an Executive Service or Commission Plan employee.
				The Secretary shall review the request and, at the Secretary's discretion,
				approve or disapprove the recommended discipline or termination. After approval
				by the Secretary, the appointing authority shall send the employee written
				notice of the discipline or termination, and the appropriate appeal route,
				including the time frame for appeal to the Office of Administrative
				Hearings.
B. Appeal of Discipline
				or Termination.
(1) An Executive Service or
				Commission Plan employee may appeal the discipline or termination in writing to
				the Office of Administrative Hearings within 15 days of receipt of the
				discipline or termination notice. However, the employee has the burden of proof
				at the Office of Administrative Hearings, and the hearing is limited to the
				legal and constitutional basis for the discipline or termination.
(2) If the employee does not appeal the
				action within 15 days or if the employee does not appear for a scheduled
				hearing, the action is final.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.08 - Disciplinary Action › Section 11.02.08.07-1 - Nondisciplinary Administrative Terminations of Police Officers of the Department

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Termination.
(1) An appointing authority may
				recommend to the Secretary of Transportation the nondisciplinary administrative
				termination of a police officer of the Department.
(2) The Secretary or the Secretary's designee
				shall review the request and, at the discretion of the Secretary or the
				Secretary's designee, approve or disapprove the recommended
				termination.
(3) On approval of the
				termination by the Secretary or the Secretary's designee, the appointing
				authority shall send the police officer written notice of the termination and
				the appropriate appeal route, including the time frame for appeal.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.08 - Disciplinary Action › Section 11.02.08.08 - Rejection on Promotional Probation

Current through Register Vol. 51, No. 14, July 12, 2024
A. An employee may be rejected on promotional
				probation in accordance with COMAR
				11.02.02.05B.
B. Time Limit for Imposition of
				Rejection on Promotional Probation. A rejection on promotional probation shall
				be imposed within the time frame set forth in Regulation .01D of this
				chapter.
C. Written Notice. The
				employee shall be provided written notice of the rejection on promotional
				probation in accordance with COMAR
				11.02.02.05B.
D. Appeal of Rejection on
				Promotional Probation. An employee may appeal a rejection on promotional
				probation in accordance with procedures set forth in Regulation .10 of this
				chapter.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.08 - Disciplinary Action › Section 11.02.08.09 - Authority to Conduct Hearings and Appeals

Current through Register Vol. 51, No. 14, July 12, 2024
The Office of Administrative Hearings shall conduct hearings
				  and issue a final decision for Department of Transportation personnel
				  cases.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.08 - Disciplinary Action › Section 11.02.08.10 - Appeal Procedure

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				Career Service employee may appeal an Official Written Reprimand, Suspension
				without Pay, Loss of Leave, Involuntary Demotion, Suspension pending charges
				for Termination, Charges for Termination, and Rejection on Promotional
				Probation, in writing, to the Secretary or the Secretary's designee within 15
				days of receipt of the written notice.
B. If an employee does not appeal the action
				within the specified time frames, the action is final.
C. Filing an Appeal.
(1) An appeal is considered filed on the date
				the appeal is received by the Secretary or the Secretary's designee.
(2) The employee shall include with the
				appeal, the reason for the appeal, the requested remedy, and a copy of the
				notice of disciplinary action, with any documentation that was
				attached.
(3) A copy of the appeal
				shall be forwarded to the Appointing Authority.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.09 - Grievances › Section 11.02.09.01 - Definitions and Application

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Definitions.
(1) "Days" means calendar
				days.
(2) "Exclusive
				representative" means an employee organization that has been certified by the
				State Labor Relations Board as an exclusive representative under State
				Personnel and Pensions Article, Division I, Title 3, Subtitle 4, Annotated Code
				of Maryland.
(3) Grievance.
(a) "Grievance" means a cause of complaint,
				unless otherwise provided for by law or regulation, arising between a
				Transportation Service employee and the Department over the interpretation and
				application of Department regulations, rules, or policies over which management
				has control or over a term or condition of a memorandum of understanding
				between the State and the exclusive representative.
(b) "Grievance" does not include a dispute
				about:
(i) A pay grade or range for a
				classification;
(ii) The amount or
				the effective date of a Statewide pay increase;
(iii) The establishment of a
				classification;
(iv) The assignment
				of a classification to a service category;
(v) A mid-year performance appraisal;
				or
(vi) An oral reprimand or
				counseling memoranda.
(4) "Party" means:
(a) An employee having a grievance;
				or
(b) An aggrieved employee's
				appointing authority or the appointing authority's designee, or
				both.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.09 - Grievances › Section 11.02.09.02 - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. Time Limits -
				Employee. An employee shall file a grievance in writing, on a grievance form
				supplied by the Human Resources Office, within 30 days of the alleged cause of
				complaint or knowledge of the complaint. Failure to file or appeal any step of
				the grievance process within the time limits specified results in dismissal of
				the grievance.
B. Time Limits -
				Appointing Authority or Appointing Authority's Designee. Failure to render a
				decision within the time limits specified constitutes a denial which the
				employee may appeal, within the appropriate time limits, to the next step of
				the grievance process.
C. Waiver of
				Time Limits or Steps. By mutual agreement, both parties may waive time limits
				or steps of the grievance process.
D. Failure of Grievant to Appear at Scheduled
				Grievance Conference. Failure of a grievant to appear at a scheduled grievance
				conference shall result in dismissal of the grievance, unless a valid or
				documented reason acceptable to the grievance conference officer is provided to
				explain the grievant's absence.
E.
				Efforts to Resolve a Grievance and Consolidation of Similar Grievances. Both
				parties shall endeavor to resolve a grievance at the lowest possible step.
				Similar grievances may be consolidated and processed together as a single
				grievance.
F. The employee may be
				represented at any step of the grievance procedure by any person of the
				employee's choosing.
G. In a
				reclassification grievance, the Office of Administrative Hearings may award
				back pay to the employee for a maximum of 1 year before the date the employee
				presented the grievance in writing to the appointing authority or the
				appointing authority's designee.
H.
				Burden of Proof.
(1) Decisions shall be based
				upon a preponderance of the evidence.
(2) The appointing authority or the
				appointing authority's designee bears the burden of proof in the following
				grievances:
(a) Appeal of a less than "Meets
				Standards" annual performance appraisal rating; and
(b) Appeal of a denial of a salary increase
				due to an annual performance appraisal rating.
(3) The employee bears the burden of proof in
				all other grievances.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.09 - Grievances › Section 11.02.09.03 - Grievance Process

Current through Register Vol. 51, No. 14, July 12, 2024
A. Step One. An
				employee shall initiate a grievance appeal in writing to the employee's
				appointing authority or the appointing authority's designee within 30 days of
				the alleged cause of complaint or knowledge of the complaint. In addition, the
				employee may discuss the grievance orally with the employee's supervisor within
				the same 30-day period. The appointing authority or the appointing authority's
				designee shall hear the grievance within 10 days or on a mutually agreed upon
				date. The appointing authority or the appointing authority's designee shall
				render a written decision within 20 days of hearing the grievance. If the
				employee chooses to appeal to Step Two, the appeal shall be filed within 10
				days after receipt of the written decision.
B. Step Two. An employee may appeal the
				grievance within 10 days to the Secretary or the Secretary's designee. The
				Secretary or the Secretary's designee shall hear the grievance within 15 days
				of receipt of the appeal or on a mutually agreed upon date. The Secretary or
				the Secretary's designee shall render a decision within 40 days of hearing the
				grievance. If the employee chooses to appeal to Step Three, the appeal shall be
				filed within 15 days after receipt of the written decision.
C. Step Three. An employee may submit the
				grievance complaint to the Office of Administrative Hearings on a grievance
				form provided by the Human Resources Office. An administrative law judge of the
				Office of Administrative Hearings shall render a written decision, which is
				binding on all parties, within 45 calendar days after a hearing is held, or
				within 45 days after all legal memoranda or briefs have been filed.
D. An aggrieved party may seek judicial
				review of the final decision in accordance with the provisions of the
				Administrative Procedure Act, State Government Article, §
									10-222, Annotated
				Code of Maryland.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.09 - Grievances › Section 11.02.09.04 - Freedom from Reprisal

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				employee may not be subject to coercion, discrimination, interference,
				reprisal, or restraint as a result of pursuing a grievance.
B. An employee of the Department may not
				intentionally take or assist in taking an act of coercion, discrimination,
				interference, reprisal, or restraint against another employee as a result of
				pursuing a grievance.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.10 - Employee Performance Appraisal › Section 11.02.10.01 - Standards

Current through Register Vol. 51, No. 14, July 12, 2024
The Secretary shall establish standards for the evaluation of
				  attendance, work quantity, work quality, and any other pertinent factors of
				  employee performance, and may amend these standards as may be necessary from
				  time to time.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.10 - Employee Performance Appraisal › Section 11.02.10.02 - Appraisals

Current through Register Vol. 51, No. 14, July 12, 2024
A. The appointing
				authority or the appointing authority's designee shall ensure that written
				appraisals of the performance of all Career Service, Commission Plan, and
				Executive Service employees working under the jurisdiction of the appointing
				authority or the appointing authority's designee be made at least once each
				year.
B. The performance appraisal
				shall be made by the employee's immediate supervisor, whenever practicable, and
				shall be reviewed and approved by the next level of supervision.
C. The performance appraisal may be reviewed
				by the appointing authority or the appointing authority's designee.
D. The employee's immediate supervisor shall
				discuss the performance appraisal with the employee.
E. Less-than-standard appraisals shall be
				reported to the appointing authority or the appointing authority's
				designee.
F. An employee may appeal
				a performance appraisal or denial of salary increase in accordance with COMAR
				11.02.09.
G. An employee with a
				written performance appraisal rating equivalent to overall "meets standards" or
				higher may only grieve the evaluation up to Step Two of the grievance procedure
				outlined in COMAR 11.02.09.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.11 - Testing for Drugs and Alcohol › Section 11.02.11.01 - Illegal Use of Drugs and Alcohol

Current through Register Vol. 51, No. 14, July 12, 2024
A. The purpose of these regulations is to
				define and elaborate on the State's policy that employees are prohibited from
				the illegal use of drugs and from using or being under the influence of alcohol
				while on duty.
B. In accordance
				with the documents incorporated by reference in Regulation .02 of this chapter,
				employees and applicants for employment are subject to:
(1) Drug and alcohol testing; and
(2) Disciplinary actions for violations of
				these regulations.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.11 - Testing for Drugs and Alcohol › Section 11.02.11.02 - Incorporation by Reference

Current through Register Vol. 51, No. 14, July 12, 2024
A. In
				this chapter, the following documents are incorporated by reference.
B. Documents Incorporated.
(1) Governor's Executive Order
				01.01.1991.16J.
(2)
										14 CFR §
											61.14 (1993), as amended and published in 59
				FR 7388-----7389 (1994).
(3)
										14 CFR §
											63.12b (1993), as amended and published in 59
				FR 7389 (1994).
(4)
										14 CFR §
											65.23 (1993), as amended and published in 59
				FR 7389 (1994).
(5) 14 CFR 65.46a
				and 65.46b, as published in 59 FR 7389 (1994).
(6) 14 CFR 121.458 and 121.459 and 14 CFR
				121, Appendix J, as published in 59 FR 7389-----7396 (1994).
(7)
										14 CFR §
											135.1 (1993), as amended and published in 59
				FR 7396 (1994).
(8) 14 CFR 135.253
				and 135.255, as published in 59 FR 7396-----7397 (1994).
(9) 49 CFR 40, 382, 653, and 654, as
				published in 59 FR 7354-----7366, 7505-----7514, 7549-----7557, 7589-----7595,
				and 43000-----43019 (1994).
(10)
										49 CFR §
											392.5 (1993), and the amendments published in
				59 FR 7514-----7515 (1994).
(11)
				"On-duty time" as defined in 49 CFR §
											395.2(8), as published in 59
				FR 7515 (1994).
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.12 - Pilot Programs, Research Projects, and Demonstration Projects › Section 11.02.12.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meanings indicated.
B. Terms Defined.
(1) "Pilot program" means a program designed
				to determine whether a specified change in human resource policies, procedures,
				or practices results in improved human resource management.
(2) "Research or demonstration project" means
				a study of human resource operational methodology, a study of the effects of
				human resource operational policies and practices, or a study of comparative
				alternatives in human resource management.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.12 - Pilot Programs, Research Projects, and Demonstration Projects › Section 11.02.12.02 - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. Notwithstanding
				any other provisions of this subtitle, the Secretary may establish pilot
				programs, research projects, or demonstration projects in the Transportation
				Service.
B. A pilot program,
				research project, or demonstration project may not exceed 5 years in
				length.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.13 - Family Medical Leave › Section 11.02.13.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations implement the provisions of the Family and
				  Medical Leave Act of 1993 (FMLA) and are intended to balance the demands of the
				  work place with the needs of families, to promote stability and economic
				  security of families, and to promote national interests in preserving family
				  integrity.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.13 - Family Medical Leave › Section 11.02.13.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meanings indicated.
B. Terms Defined.
(1) "Chronic serious health condition" means
				a condition which:
(a) Requires periodic
				visits for treatment by a health care provider, or by a nurse or physician's
				assistant under the direct supervision of a health care provider;
(b) Continues over an extended period of
				time, including recurring episodes of a single underlying condition;
				and
(c) May cause episodic, rather
				than continuing, periods of incapacity, for example, asthma, diabetes, or
				epilepsy.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.13 - Family Medical Leave › Section 11.02.13.03 - Eligibility and Use

Current through Register Vol. 51, No. 14, July 12, 2024
A. In order to
				be entitled to FMLA leave, an employee shall have a minimum of 12 months
				employment with the State.
B. An
				employee may not be disqualified on the basis that fewer than 50 employees work
				within a 75-mile radius of the work site.
C. FMLA leave may be used for:
(1) The birth of a child and subsequent
				care;
(2) The care of a child
				placed with the employee for adoption or foster care;
(3) The care of a seriously ill spouse,
				child, or parent; or
(4) A serious
				health condition that makes an employee unable to perform the essential
				functions of the employee's position.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.13 - Family Medical Leave › Section 11.02.13.04 - Continuation of Health Care Benefits

Current through Register Vol. 51, No. 14, July 12, 2024
A. During the period of FMLA leave, the
				employee shall be entitled to continuation of health benefits coverage, and
				shall be entitled to any added coverage or changes in health care benefits that
				are made available to other employees.
B. During periods in which the employee is
				receiving pay, the employee's share of health insurance premiums shall continue
				to be deducted from the employee's pay.
C. During periods of unpaid FMLA leave, the
				Department shall pay both the employer and employee portions of health
				insurance premiums.
D. Within six
				pay periods of the employee's return to work, the employee shall reimburse the
				Department for the employee's portion paid by the Department while on unpaid
				leave. Repayment shall be by payroll deduction unless the employee elects to
				make repayment by lump sum.
E. If
				the employee does not return to work, the employee shall repay both the
				employee's and the Department's portion of any health insurance premiums paid
				by the Department during periods of unpaid FMLA leave. The employee may elect
				to repay the Department either by a lump sum or by a mutually agreeable payment
				plan.
F. Employee Not Returning to
				Work Due to Serious Health Condition.
(1) The
				Department may not require the employee to repay health insurance premiums paid
				by the Department if the employee does not return to work due to a serious
				health condition that would entitle the employee to FMLA leave or because of
				other circumstances beyond the employee's control.
(2) If an employee does not return to work
				due to a serious health condition of the employee or a family member, the
				Department may require medical certification of the serious health
				condition.
(3) If the certification
				specified in §E(1) of this regulation is not provided within 30 days, the
				employee may be required to repay the Department all costs of health insurance
				payments made during unpaid FMLA leave.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.13 - Family Medical Leave › Section 11.02.13.05 - Restoration to Work

Current through Register Vol. 51, No. 14, July 12, 2024
A. An employee
				returning from FMLA leave shall be returned to the employee's former position
				or an equivalent position.
B. If
				special qualifications that are required for the position have lapsed during
				the employee's leave, the employee shall be given reasonable opportunity to
				fulfill the requirements after returning to work.
C. An employee returning to work has no
				greater right to the employee's former job or an equivalent position, or to
				other benefits, than if the employee had been continuously employed during the
				period of leave.
D. An employee who
				is hired for a specific term, or only to perform work on a specific project,
				has no right to the employee's former job or an equivalent position if the
				employment term or project is over and the employer would not otherwise have
				continued employment.
E. Employees
				who did not choose to continue health care coverage or other employer-provided
				insurance coverage during periods of FMLA leave shall have benefits resumed at
				the same level as when leave began without a new qualification
				period.
F. If an employee is unable
				to perform an essential function of the employee's former position or an
				equivalent position because of a physical or mental condition, including the
				continuation of a serious health condition, the employee has no right to
				restoration to another position under the FMLA. However, the provisions of the
				Americans with Disabilities Act shall apply, as appropriate.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.13 - Family Medical Leave › Section 11.02.13.06 - Certification by Health Care Provider

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the certification required by this
				regulation is not provided by the health care provider, the Department may deny
				FMLA leave until the certification is received.
B. Leave to Care for Family Member.
(1) The Department may require an employee
				applying for FMLA leave to care for a family member to provide certification
				from a health care provider that the employee is needed to care for the family
				member.
(2) Care for a family
				member includes providing psychological comfort and arranging for third-party
				care.
(3) Certification by a health
				care provider shall indicate that:
(a)
				Third-party care is necessary for the family member; or
(b) The employee's presence would provide
				psychological comfort and be beneficial to the family member.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.13 - Family Medical Leave › Section 11.02.13.07 - Fitness for Duty

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				administration may require fitness for duty certification for employees who
				return to work from FMLA leave only if the administration has a uniformly
				applied policy or procedure that requires employees in the same occupation and
				with the same serious health condition who take FMLA leave for this condition
				to obtain and present certification from the employee's health care provider
				that the employee is able to resume work.
B. A fitness for duty certification is only
				in regard to the particular health condition that caused the employee's need
				for FMLA leave.
C. A fitness for
				duty medical evaluation shall be job related.
D. The department may not require a second or
				third opinion for a fitness for duty certification.
E. The Department shall notify an employee
				applying for FMLA leave that a fitness for duty certification is required
				before the employee returns to work.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.13 - Family Medical Leave › Section 11.02.13.08 - Intermittent FMLA Leave and Reduced Work Schedules

Current through Register Vol. 51, No. 14, July 12, 2024
A. Intermittent FMLA leave or a reduced work
				schedule due to a serious health condition of an employee or family member may
				be arranged when medically necessary. Medical necessity includes planned
				medical treatment and recovery from serious health conditions.
B. Intermittent leave or a reduced work
				schedule for birth or placement of a child for adoption or foster care may be
				taken with the Department's consent.
C. An employee who requests intermittent FMLA
				leave may be temporarily reassigned to an alternative position for which the
				employee is qualified and which better accommodates recurring periods of leave
				than does the employee's regular position.
D. An alternative position has equivalent pay
				and benefits but does not necessarily have equivalent duties. However, benefits
				earned based upon hours worked, such as vacation and sick leave, are reduced
				accordingly.
E. The Department may
				request the employee to provide the reason why the leave must be taken on an
				intermittent leave or reduced work schedule basis, and the schedule for
				treatment, if applicable.
F. An
				employee requesting intermittent FMLA leave or a reduced work schedule due to a
				serious health condition may be required to provide certification from the
				health care provider that the leave is medically necessary. The expected
				duration and schedule of the leave must also be provided.
G. Only the leave actually taken is counted
				toward the 12-week entitlement. The amount of FMLA leave used is calculated
				based upon the proportion of the normal workweek. If an employee's schedule
				varies from week to week, a weekly average of the hours worked over the 12
				weeks before the beginning of the leave period is used for calculating the
				employee's normal workweek.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 03 - MARYLAND AVIATION ADMINISTRATION › Chapter 11.03.01 - Baltimore/Washington International Thurgood Marshall Airport › Section 11.03.01.01-1 - Incorporation by Reference

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this
				subtitle, the following documents are incorporated by reference.
B. Documents Incorporated
(1) NFPA 1, Uniform Fire Code, as
				incorporated by reference in COMAR
				29.06.01.06B(1)
				and as amended in COMAR
				29.06.01.08 and .09.
(2) A compendium of Codes and Standards
				referenced in NFPA 1 as incorporated by reference in COMAR
				29.06.01.06B(2)
				and as amended in COMAR
				29.06.01.07, including:
(a) National Electrical Code (NFPA
				70);
(b) Life Safety Code (NFPA
				101);
(c) Standard for Aircraft Fuel
				Servicing (NFPA 407);
(d) Standard
				on Aircraft Hangars (NFPA 409);
(e)
				Standard on Aircraft Maintenance (NFPA 410); and
(f) Standard on Airport Terminal Buildings,
				Fueling Ramp Drainage, and Loading Walkways (NFPA 415).
(3) The International Building Code as
				incorporated by reference in COMAR
				29.06.01.06B(3).
(4)
										29 CFR §
											1910.1200 Toxic and Hazardous Substances, as
				amended.
(5) The certified
				Baltimore/Washington International Thurgood Marshall Airport (BWI) Noise Zone,
				consisting of the 65, 70, and 75 Ldn contours overprinted on county tax maps as
				indicated below:
(a) Airport Noise Zone
				Map;
(b) Tax Map Index;
(c) Anne Arundel County Tax Maps 3, 4, 7, 8,
				9, and 15;
(d) Howard County Tax
				Map 44.
(6) The Martin
				State Airport - Airport Noise Zone, certified by the Executive Director, and
				consisting of the 65, 70, and 75 Ldn contours overprinted on county tax maps as
				indicated below:
(a) Airport Noise Zone
				Map;
(b) Tax Map index;
(c) Baltimore County Tax Maps 90 and
				91.
(7) Airport Design
				(U.S. Department of Transportation, Federal Aviation Administration Advisory
				Circular 150/5300-13, September 29, 1989, and Changes 1 through 12, January 3,
				2008.
(8) Heliport Design (U.S.
				Department of Transportation, Federal Aviation Administration Advisory Circular
				150/5390-2B, September 30, 2004.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 03 - MARYLAND AVIATION ADMINISTRATION › Chapter 11.03.01 - Baltimore/Washington International Thurgood Marshall Airport › Section 11.03.01.02 - Aircraft Rules

Current through Register Vol. 51, No. 14, July 12, 2024
A. Negligent
				Operations Prohibited.
(1) Operating an
				aircraft in a careless or negligent manner or in disregard of the rights and
				safety of others, or without due caution and circumspection or at a speed or in
				a manner which does or is likely to endanger persons or property, is
				prohibited.
(2) Operation of an
				aircraft that is so constructed, equipped, or loaded as to endanger or is
				likely to endanger persons or property is prohibited.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 03 - MARYLAND AVIATION ADMINISTRATION › Chapter 11.03.01 - Baltimore/Washington International Thurgood Marshall Airport › Section 11.03.01.03 - Fire Hazards

Current through Register Vol. 51, No. 14, July 12, 2024
A. Cleaning of
				Equipment. The use of flammable or combustible liquids in the cleaning of
				aircraft, aircraft engines, propellers, or other appliances, equipment, or
				parts of aircraft is prohibited, unless those cleaning operations are conducted
				in facilities specifically approved by the Administration for that purpose and
				are performed in accordance with COMAR 29.06.01.
B. Cleaning Fluids. All cleaning fluids of a
				vaporizing nature shall be stored or transported in containers with dispensing
				devices which comply with the applicable sections of COMAR 29.06.01.
C. Open Flame Operations. Open flame
				operations may be conducted on the Airport only after obtaining either a
				Welding and Burning permit or a Special Use permit through the Airport Fire
				Marshal's Office.
D. Storage of
				Material.
(1) The storage of combustible
				materials in hangars at the Airport shall be conducted in accordance with NFPA
				1 Uniform Fire Code, Chapter 10 and Chapter 34.
(2) The height of stored material may not
				exceed that of the lower or bottom side of roof trusses or of a point 18 inches
				below sprinkler lines or heads, whichever is lower. Storage areas shall have
				spaces between them as well as aisles throughout the areas of sufficient size
				to allow passage of fire department personnel and equipment. Sufficient spaces
				for aisles shall be determined through inspection by the fire marshal in
				compliance with COMAR 29.06.01.