reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.17 - Public-Private Partnership Program › Section 11.01.17.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of this chapter is to:
A. Establish a Maryland Department of
				Transportation Public-Private Partnership Program ("Program") to enhance the
				State's transportation systems, assets, functions, and infrastructure;
				and
B. Describe and provide a
				process for the development, solicitation, evaluation, award, and delivery of
				public-private partnerships in the Department's Program.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.17 - Public-Private Partnership Program › Section 11.01.17.02 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. In accordance
				with State Finance and Procurement Article, § 10A -101(g)(2), Annotated
				Code of Maryland, the Department is a reporting agency that may establish
				public-private partnerships and execute public-private partnership agreements
				in connection with any public infrastructure assets for which it is
				responsible.
B. Within the
				Department, the Office of the Secretary shall be responsible for administering
				the Program on behalf of its Modal Administrations.
C. In accordance with State Finance and
				Procurement Article, § 10A -101(g)(2) and (3), Annotated Code of Maryland,
				the Maryland Transportation Authority is a separate reporting agency and its
				public-private partnership program is not included in this chapter.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.17 - Public-Private Partnership Program › Section 11.01.17.04 - Transportation Public-Private Partnerships Steering Committee

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Steering
				Committee is established to advise the Secretary on the structure and
				implementation of the Department's Program, including, but not limited to, the
				following:
(1) Identification of potential
				public-private partnership opportunities for screening;
(2) Screening of public-private partnership
				opportunities, including both high-level and detailed-level;
(3) Prioritization of public-private
				partnership opportunities for solicitation;
(4) Developing presolicitation and
				solicitation plans and processes for public-private partnerships;
(5) Ongoing monitoring of public-private
				partnerships; and
(6) Communication
				and coordination with other State reporting agencies.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.17 - Public-Private Partnership Program › Section 11.01.17.05 - Identification Process

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Public-private partnership concepts and opportunities identified within the
				Department and its Modal Administrations and through other state, regional,
				local, and municipal processes.
(1) Potential
				public-private partnership concepts and opportunities may be identified through
				periodic transportation planning, communication, and evaluation processes that
				are carried out within the Department and its Modal Administrations and through
				other state, regional, local, and municipal processes, including but not
				limited to:
(a) Consolidated transportation
				program;
(b) Statewide
				transportation improvement program;
(c) Long-range transportation plans developed
				by metropolitan planning organizations; and
(d) County priority letters.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.17 - Public-Private Partnership Program › Section 11.01.17.06 - Screening Process

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				purpose of screening is to assist the Department in determining the
				appropriateness, viability, and effectiveness of delivering a public
				infrastructure asset for which it is responsible using a public-private
				partnership methodology.
B. The
				screening methodology is a means to systematically apply uniform and consistent
				factors to both internally generated public-private partnership concepts and
				unsolicited public-private partnership concepts.
C. The screening process shall be organized
				in two phases.
(1) High-Level Screening Phase.
(a) Factors to be considered during the
				high-level screening may include, but are not limited to:
(i) Ability to meet State transportation,
				socioeconomic development, workforce, and environmental goals;
(ii) Technical implementation
				considerations;
(iii) Potential
				need for coordination with other State agencies, including but not limited to
				the Maryland Transportation Authority;
(iv) Opportunities to accelerate asset
				delivery implementation;
(v)
				Ability to allocate and share risks in a cost effective manner that shall be
				consistent with State law and in the best interests of the State;
(vi) Opportunities to reduce reliance on
				public funds or finance, or both;
(vii) Public affordability
				considerations;
(viii) Potential
				for increased revenue generation and revenue sharing with the Department;
				and
(ix) Potential impact on the
				workforce, including existing State employees, if any.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.17 - Public-Private Partnership Program › Section 11.01.17.07 - Pre-solicitation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Pre-solicitation
				Report Development.
(1) The development of a
				pre-solicitation report for submission involves a broad range of activities
				that may run concurrent to the high-level and detailed-level screening
				phases.
(2) In consultation with
				the Steering Committee, the Secretary shall determine:
(a) The tasks required for the development of
				a pre-solicitation report; and
(b)
				The responsible parties within the Department.
(3) The development of a pre-solicitation
				report containing all elements required in State Finance and Procurement
				Article, § 10A -201(b)(1), Annotated Code of Maryland may entail a variety
				of tasks, including but not limited to:
(a)
				Analyses and documentation, including some or all of the following categories:
(i) Scope, design concepts, and phasing
				schedules;
(ii) Compliance with
				federal and State environmental and transportation planning
				requirements;
(iii) Technical and
				financial feasibility analyses;
(iv) Evaluation of operations and maintenance
				requirements;
(v) Asset lifecycle
				costs and revenue estimates;
(vi)
				Risk assessment of key asset delivery elements;
(vii) In the event that a public-private
				partnership delivery method may have a potential impact on existing State
				employees, analysis of potential impact and potential options for mitigating
				the impact; and
(viii) Other
				analyses determined to be necessary to determine the appropriateness,
				viability, and effectiveness of a public-private partnership delivery
				method;
(b) Issuing
				public requests for information to obtain additional information that may help
				the Department confirm or refine key assumptions; and
(c) Organizing public industry forums to
				obtain additional information that may help the Department confirm or refine
				key assumptions.
(4) In
				the event that the proposed public-private partnership delivery method may have
				a potential impact on existing State employees, the Department shall arrange
				for meetings between the Secretary and appropriate bargaining unit
				representatives, if any, for a preliminary discussion of potential impact and
				potential options for mitigating that impact.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.17 - Public-Private Partnership Program › Section 11.01.17.08 - Solicitation Process

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				General.
(1) The solicitation process for
				public-private partnerships shall be competitive, regardless of whether the
				public-private partnership concept originated internally within the Department
				or from an unsolicited proposal.
(2) For each private entity that responds to
				a public notice of solicitation, the Department shall make a responsibility
				determination in accordance with State Finance and Procurement Article, §
				10A -202(c), Annotated Code of Maryland.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.17 - Public-Private Partnership Program › Section 11.01.17.09 - Evaluation, Negotiation, and Award

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department shall conduct evaluations
				of submitted responses to the following: requests for qualifications and
				submitted proposals using the information submitted by the private entity.
(1) Submitted information shall be evaluated
				against the requirements of the solicitation and the evaluation criteria that
				the Department specifies in the solicitation for the particular public-private
				partnership opportunity.
(2) The
				objective of this evaluation process is to select the private entity that
				provides the best value solution for the State.
(3) The Department's evaluation criteria
				shall be clearly set forth in each request for solicitation.
(4) A failure to provide all requested
				information may result in the Department eliminating a response or proposal
				from further consideration.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.17 - Public-Private Partnership Program › Section 11.01.17.10 - Delivery

Current through Register Vol. 51, No. 14, July 12, 2024
Procedures for Public-Private Partnership Agreements. In the
				  development of a public-private partnership agreement, the Secretary shall
				  comply with the provisions established in State Finance and Procurement
				  Article, § 10A -401, Annotated Code of Maryland.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.18 - Tax Credits - Employer-Provided Commuter Benefits - Expansion and Administration › Section 11.01.18.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of this chapter is to implement the requirements
				  of Chapter 118, Acts of 2022, by establishing an application process for
				  employers that provide commuter benefits to receive the tax credit described in
				  Environment Article, §
									2-901, Annotated Code of
				  Maryland, and in compliance with transportation congestion relief and air
				  quality mitigation goals.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.18 - Tax Credits - Employer-Provided Commuter Benefits - Expansion and Administration › Section 11.01.18.02 - Definition

Current through Register Vol. 51, No. 14, July 12, 2024
In this chapter, "business entity" has the meaning stated in
				  Environment Article, §2 "901, Annotated Code of
				  Maryland.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.18 - Tax Credits - Employer-Provided Commuter Benefits - Expansion and Administration › Section 11.01.18.03 - Application for Commuter Tax Credit

Current through Register Vol. 51, No. 14, July 12, 2024
A. A business
				entity shall provide the Department with a completed online
				application.
B. The Department
				shall approve all applications that qualify for a tax credit
				certificate.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.18 - Tax Credits - Employer-Provided Commuter Benefits - Expansion and Administration › Section 11.01.18.04 - Who May Request

Current through Register Vol. 51, No. 14, July 12, 2024
Any business entity may request a commuter tax credit on a
				  tax return for the tax year in which a commuter benefit was
				  paid.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.18 - Tax Credits - Employer-Provided Commuter Benefits - Expansion and Administration › Section 11.01.18.05 - Period of Validity

Current through Register Vol. 51, No. 14, July 12, 2024
A. A claim for
				a refund may not be filed after 3 years from the date of the tax, and, if the
				commuter tax credit is more than the State tax liability, the unused credit may
				not be carried forward to any other year.
B. For any fiscal year, the total amount of
				the tax credit certificates issued by the Department for the credit allowed may
				not exceed $1,000,000.
C. For
				taxable years beginning after December 31, 2012, the income tax credit is
				available only on an electronically filed income tax return for the tax year in
				which the credit is being claimed.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 11.01.18 - Tax Credits - Employer-Provided Commuter Benefits - Expansion and Administration › Section 11.01.18.06 - Required Proofs

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Form
				500CR section of the income tax return shall be completed.
B. State and Local Income Taxes Withheld.
				Form MW508CR shall be submitted with Form MW508, the Maryland Annual Employer
				Withholding Reconciliation Report, in order to claim this credit against
				Maryland income tax withheld. If the tax-exempt entity is required to file the
				MW508 electronically, then the MW508CR shall be filed with an amended MW508A,
				as the MW508CR is not available electronically at this time.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.01 - Applicability and Definitions › Section 11.02.01.01 - Applicability

Current through Register Vol. 51, No. 14, July 12, 2024
A. These
				regulations apply to employees of the Transportation Service Human Resources
				System (Transportation Service) established under the authority of
				Transportation Article, §
									2-103.4, Annotated
				Code of Maryland.
B. Exceptions.
(1) These regulations do not apply to
				Maryland Transit employees who are included under a collective bargaining
				agreement.
(2) AG employees are
				subject only to COMAR 11.02.03 and 11.02.13.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.01 - Applicability and Definitions › Section 11.02.01.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this
				subtitle, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Administration" means the:
(a) Maryland Aviation
				Administration;
(b) Motor Vehicle
				Administration;
(c) State Highway
				Administration;
(d) Maryland
				Transportation Authority;
(e)
				Maryland Port Administration;
(f)
				Maryland Transit Administration; and
(g) Secretary's Office.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.02 - Hiring, Appointment, Promotion, and Resignation › Section 11.02.02.01 - Employee Categories

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				Transportation Service may employ the categories of employees set forth in
				§§B-G of this regulation.
B. Career Service Employees. Career service
				is intended to facilitate a career commitment. Employees appointed as Career
				Service employees shall be hired from a competitive list of eligibles. Upon
				satisfactory completion of a required probation period, employees may only be
				terminated for cause.
C. Executive
				Service Employees. Employees appointed as Executive Service employees shall be
				hired based on their experience or other relevant qualifications for the
				position. Executive Service employees serve at the pleasure of the appointing
				authority.
D. Temporary Employees.
(1) Employees appointed as temporary
				employees shall:
(a) Be hired for a specific
				period not to exceed 12 months or the limits established under a special
				employment program, such as a student intern program; and
(b) Meet the minimum qualifications for the
				classification for which they are appointed.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.02 - Hiring, Appointment, Promotion, and Resignation › Section 11.02.02.02 - Career Service Examinations and Selections

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as provided under §O of this
				regulation, Career Service positions shall be filled competitively.
B. Examination methods shall be job related,
				and may only assess the applicant's job-related skills, knowledge, abilities,
				education, and experience. Examinations may be specific to a particular
				position, a class, or a classification series.
C. A written selection plan shall be
				established which sets forth the steps in the recruitment, examination, and
				selection process, their relative value in the total process, and the sequence
				of the steps.
D. Lists of eligibles
				shall be established which group job candidates into categories. The categories
				shall range from the qualified to the best qualified.
E. Geographic Area Limitation. Applicants
				shall select those geographic areas for which they wish to be
				considered.
F. An appointing
				authority shall select a candidate from the highest rating category of a list
				of eligibles, except as specified in §H of this regulation or if the
				highest rating category contains an insufficient number of candidates.
				Selection may be further limited to those applicants who have elected to work
				in the areas in which the positions' functions are performed.
G. An appointing authority may select a job
				candidate for a vacant Career Service position from a listing of qualified
				candidates supplied by the Human Resources Office. If an appointing authority
				or the appointing authority's designee cannot make an adequate selection from
				among those candidates, the appointing authority shall document the reasons and
				may request the Human Resources Office to provide additional job candidates
				from the list of eligibles.
H. Job
				Specific Selections. An appointing authority who is filling a vacant Career
				Service position that requires specific job skills not found among job
				candidates on the existing list of eligibles shall document the reasons for not
				filling the position from the existing list of eligibles, and may request the
				Human Resources Office to establish a list of job candidates who possess the
				specific job skills required.
I.
				Before selection, candidates on the list of eligibles may be required to
				demonstrate other job-related qualifications for the specific job to be
				filled.
J. Removal from Lists of
				Eligibles.
(1) A candidate shall be removed
				from a list of eligibles:
(a) For deceptive or
				fraudulent conduct or other misconduct in the employment process;
(b) For failing to respond to two notices for
				interviews; or
(c) If the candidate
				is selected for a position from the list of eligibles.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.02 - Hiring, Appointment, Promotion, and Resignation › Section 11.02.02.03 - Career Service Promotion

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				The Transportation Service shall provide notice to current employees of
				promotional job recruiting opportunities through the posting of job vacancy
				notices and test schedules on bulletin boards and through other appropriate
				recruiting methods.
B.
				Transportation Service promotional practices shall be in accordance with
				applicable federal and State equal opportunity laws and regulations.
C. An appointing authority may limit the
				selection of employees for promotion to Transportation Service vacancies to
				current Department of Transportation employees as provided for in Regulation
				.02 of this chapter.
D. Commission
				Plan, Executive Service, contractual, and temporary employees with at least 6
				months service are entitled to promotional status for purposes of examination
				and selection.
E. Career Service
				employees with at least 6 months service are entitled to promotional status for
				purposes of examination and selection.
F. Other Department employees who have 6
				months of service in a position and, if applicable, have completed an original
				probation period, are entitled to promotional status for purposes of
				examination and selection.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.02 - Hiring, Appointment, Promotion, and Resignation › Section 11.02.02.04 - Resignation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Notice. An
				employee may resign a position by providing at least 2 weeks notice, or a
				lesser time period if acceptable, to the appointing authority. Failure to
				provide an acceptable notice period may be grounds for issuing a notice of
				disqualification for future employment.
B. Automatic Resignation. An employee who
				does not report to work or provide notice to the supervisor of the reason for
				an absence from work for 5 consecutive workdays is considered to have resigned
				effective as of the last day of work. Automatic resignation may be considered
				grounds for issuing a notice of disqualification for future
				employment.
C. An Executive Service
				or Commission Plan employee who resigns may be granted severance pay at the
				discretion of the Secretary.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.02 - Hiring, Appointment, Promotion, and Resignation › Section 11.02.02.06 - Service Credits

Current through Register Vol. 51, No. 14, July 12, 2024
A. An employee
				of the Department who converts into the Transportation Service shall retain
				credit for years of service credited by the Department to the employee at the
				time of conversion.
B. State
				employees who are hired into the Transportation Service shall receive credit
				for years of State service.
C.
				Contractual and temporary employees who are hired into a Transportation Service
				position shall receive service and leave earning rate credit for the period of
				their uninterrupted contractual, temporary, or contractual and temporary
				service which took place immediately before their appointment to a
				Transportation Service position.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.02 - Hiring, Appointment, Promotion, and Resignation › Section 11.02.02.07 - Voluntary Demotion

Current through Register Vol. 51, No. 14, July 12, 2024
An employee may request a voluntary demotion without
				  prejudice, which may be granted at the discretion of 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 11.02.02 - Hiring, Appointment, Promotion, and Resignation › Section 11.02.02.08 - Background Investigation

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				appointing authority or the appointing authority's designee shall make a
				determination regarding the necessity of investigating the background of n
				eligible individual for purposes of verification of suitability for employment.
				When appropriate and job-related, areas of investigation may include, but are
				not limited to, employment history, academic credentials, military records,
				criminal conviction records, and personal references.
B. In conducting the background
				investigation, the appointing authority or the appointing authority's designee
				shall:
(1) Provide written notification to the
				eligible individual that:
(a) A background
				investigation may be conducted; and
(b) Consequences for fraudulent or irregular
				information may include, but are not limited to, nonselection, removal from the
				list of eligibles, termination of employment in situations where employment has
				begun, and criminal prosecution; and
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.02 - Hiring, Appointment, Promotion, and Resignation › Section 11.02.02.09 - Denial of Promotional Opportunity While on Sick or Maternity Leave

Current through Register Vol. 51, No. 14, July 12, 2024
A. Applicability.
				This regulation applies to all Transportation Service employees except
				contractual employees.
B. An
				employee may not be denied the opportunity to seek, qualify for, or receive any
				promotion solely because the employee is on leave for maternity reasons or on
				leave due to illness or injury, if the employee is expected to return to work
				60 days after receiving a request to call for an interview for the
				position.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.03 - Leave Benefits › Section 11.02.03.01 - 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) "Allotted leave" means a benefit which
				the Department is either required to provide, for example, personal leave, or
				which the Department has the option of providing, for example, advanced sick
				leave.
(1-1) "Disaster service leave" means leave with pay that may
				  be allotted to an employee to serve during a disaster.
(1-2) "Donated leave" means leave donated under the
				  Employee-to-Employee Leave Donation Program specified in Regulation .15 of this
				  chapter by one employee to another employee for a serious and prolonged medical
				  condition.
(2) "Earned
				leave" means a benefit which an employee obtains by performing work, for
				example, annual leave.
(3)
				"Employee" means a member of the Career Service, Commission Plan, or Executive
				Service.
(4) "Full-time employee"
				means an employee whose standard workweek is at least 40 hours during a 7-day
				period between Wednesday and Tuesday.
(5) "Leave" means an approved absence from
				work, with a minimum use rate of 0.1 hour.
(5-1) "Leave bank leave" means leave granted to an employee
				  who is a member of the State Employees' Leave Bank, as specified in Regulation
				  .15 of this chapter, for a serious and prolonged medical condition.
(6) "Leave with pay" means leave
				during which an employee receives compensation.
(7) "Leave without pay" means leave during
				which an employee does not receive cash compensation.
(8) "Overtime" means time spent performing
				work in excess of 40 hours during a 7-day period between Wednesday and Tuesday
				or in excess of a tour of duty designated by the appointing authority or the
				appointing authority's designee for law enforcement or fire protection
				personnel.
(9) "Part-time employee"
				means an employee whose standard work hours are less than 40 hours per
				workweek, and whose fringe benefits are prorated to the extent applicable by
				law.
(10) "Workday" means the
				number of hours specified by an appointing authority or the appointing
				authority's designee in an employee work schedule.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.03 - Leave Benefits › Section 11.02.03.02 - Leave Approval

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				appointing authority or the appointing authority's designee shall establish
				written procedures for requesting leave, approval of leave, and notification of
				absence, and shall ensure that each employee is given notice of the
				procedures.
B. Emergency Use of
				Sick Leave. In medical emergencies, accumulated sick leave may be used without
				prior approval. The employee's supervisor shall be notified of the emergency as
				soon as possible.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.03 - Leave Benefits › Section 11.02.03.03 - Annual Leave

Current through Register Vol. 51, No. 14, July 12, 2024
A. Annual leave
				is a form of earned leave with pay.
B. Eligibility.
(1) An employee is eligible to earn annual
				leave as set forth in §C of this regulation.
(2) Use of Annual Leave.
(a) With appropriate approval, an employee
				with at least 6 months of service may use accumulated annual leave for any
				purpose.
(b) Employees with less
				than 6 months of service may not use annual leave.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.03 - Leave Benefits › Section 11.02.03.04 - Personal Leave

Current through Register Vol. 51, No. 14, July 12, 2024
A. Personal
				leave is a form of allotted leave with pay.
B. Allotment.
(1) A full-time employee shall be allotted 7
				days of personal leave per calendar year.
(2) A full-time employee hired after June 30
				of a calendar year shall be allotted 3 personal leave days for that calendar
				year.
(3) A full-time employee
				hired after November 30 of a calendar year shall be allotted 1 personal leave
				day for that calendar year.
(4) For
				each calendar year that is a leap year, a full-time employee shall be allotted
				8 days of personal leave.
(5) A
				part-time employee shall be allotted a percentage of personal leave equal to
				the percentage that the employee's part-time position is funded.
(6) An employee may not be allotted personal
				leave while the employee is on extended sick leave.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.03 - Leave Benefits › Section 11.02.03.05 - Holiday Leave

Current through Register Vol. 51, No. 14, July 12, 2024
A. Holiday
				leave is a form of allotted leave with pay.
B. Observed Holidays. The holidays observed by the
				Department are:
(1) New Year's Day-January
				1;
(2) Dr. Martin Luther King,
				Jr.'s Birthday-January 15, unless the United States Congress designates another
				day;
(3) Presidents' Day-third
				Monday in February;
(4) Memorial
				Day-May 30, unless the United States Congress designates another day;
(5) Juneteenth National Independence Day-June
				19, unless the United States Congress designates another day;
(6) Independence Day-July 4;
(7) Labor Day-first Monday in
				September;
(8) Columbus Day-October
				12, unless the United States Congress designates another day;
(9) Veterans' Day-November 11;
(10) Thanksgiving Day-fourth Thursday in
				November;
(11) Christmas
				Day-December 25.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.03 - Leave Benefits › Section 11.02.03.06 - Compensatory Leave

Current through Register Vol. 51, No. 14, July 12, 2024
A. Compensatory
				leave is a form of earned leave with pay.
B. Eligibility and Use of Compensatory Leave.
(1) Employees designated by the Secretary or
				the Secretary's designee may earn compensatory leave which, with appropriate
				approval, may be used for any purpose.
(2) Employees in the standard pay plan who
				are exempt under the Fair Labor Standards Act shall earn compensatory leave for
				any time worked in excess of the normal workday if the employee worked at least
				1/2 hour in excess of the normal workday, including the first 1/2
				hour.
(3) At the discretion of the
				Secretary, employees eligible for cash overtime, and who have been designated
				by the Secretary or the Secretary's designee as eligible to elect to earn
				compensatory time, may choose to earn and use compensatory time in accordance
				with written criteria established by the Secretary and consistent with the Fair
				Labor Standards Act.
(4) Employees
				who are included in the Department's executive salary plan at ES levels up
				through and including ES grade 5, or compensated at an equivalent flat rate,
				shall earn compensatory leave for any time worked in excess of the first hour
				beyond their normal workday, including the first hour.
(5) Employees who are included in the
				Department's executive salary plan at the ES-6 level and above, or compensated
				at an equivalent flat rate, shall earn 1 compensatory leave day for working 5
				or more hours on an observed holiday, and may not earn other compensatory
				leave.
(6) The use of compensatory
				leave by AG employees shall be in accordance with policies set by the Attorney
				General.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.03 - Leave Benefits › Section 11.02.03.07 - Sick Leave

Current through Register Vol. 51, No. 14, July 12, 2024
A. Types of
				Sick Leave.
(1) Definition. "Occurrence" means
				each period of sick leave, regardless of duration, used for the reasons set
				forth in §B(2) of this regulation.
(2) Sick leave is a form of earned leave with
				sick pay.
(3) Advanced and extended
				sick leave are forms of allotted leave with sick pay.
(4) Payment for sick leave, advanced sick
				leave, or extended sick leave taken for the employee's personal illness,
				injury, or medical disability constitutes a separate benefit on account of
				sickness, and is not a continuation of salary.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.03 - Leave Benefits › Section 11.02.03.08 - Work Injury Leave

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Definition.
(1) In this regulation, "injury"
				means an accidental personal injury occurring during the performance of an
				employee's actual job duties.
(2)
				"Injury" does not include occupational diseases.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.03 - Leave Benefits › Section 11.02.03.09 - Administrative Leave

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Administrative leave is a form of allotted leave with pay.
B. Allotment.
(1) Administrative leave may be allotted
				according to §B(2)-(5) of this regulation.
(2) Emergency Releases. Employees may be
				released from work without charge to earned leave when emergency conditions
				exist, as specified in COMAR
				01.01.1981.10B,
				which is incorporated by reference.
(3) State Job Examination/Interview.
				Employees may be granted up to 4 hours of administrative leave with pay to take
				a State or Department job examination, or to go to a State or Department job
				interview. In cases requiring travel to and from outlying areas, exceptions to
				the 4-hour limit may be granted.
(4) Question Concerning Fitness for Duty. An
				employee, with approval of supervisory personnel designated by the appointing
				authority or the appointing authority's designee, may be relieved of assigned
				duties, placed on leave status, and allotted administrative leave during:
(a) An investigation of an incident involving
				work-related conduct; or
(b) The
				period required to make a determination as to the employee's medical fitness
				for continued duty.
(5)
				Activities of Employee Organizations.
(a) An
				employee who is an authorized member, officer, or delegate to a State
				employees' organization may be granted administrative leave to attend official
				organization events.
(b) The use of
				administrative leave in connection with the activities of employees'
				organizations shall be assessed and, when considered appropriate, approved by
				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 11.02.03 - Leave Benefits › Section 11.02.03.10 - Other Forms of Leave with Pay

Current through Register Vol. 51, No. 14, July 12, 2024
A. When an employee has obtained appropriate
				supervisory approval and provided such documentation as may be required, leave
				with pay shall be authorized for the situations set forth in §§B-Dof
				this regulation.
B. Obligated
				Military Service. An employee who is a member of the organized Militia or the
				Army, Navy, Air Force, Coast Guard, or Marine Reserves, is entitled annually to
				not more than 15 days of leave for military training.
C. Adjudicatory Proceedings. When an employee
				has been subpoenaed or summoned to appear in court in connection with a civil
				or criminal case, to appear in an administrative proceeding before an
				administrative body, called for jury duty, or for a deposition, and is not a
				party to the action being heard or a paid witness, the employee is entitled to
				leave with pay.
D. Parental Leave.
				An employee who is the primary caregiver responsible for the care and nurturing
				of the employee's child may, upon request, be granted up to 60 days of paid
				parental leave within 6 months following the birth of a child or adoption of a
				child younger than 6 years old. The employee shall exhaust all annual and
				personal leave before the employee may request parental leave to attain a total
				of 60 days of paid leave after the birth or adoption of a child.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.03 - Leave Benefits › Section 11.02.03.11 - Time Off for Religious Observances

Current through Register Vol. 51, No. 14, July 12, 2024
A. An employee may use the following types of
				leave for religious observances:
(1) Annual
				leave in accordance with Regulation .03 of this chapter;
(2) Personal leave in accordance with
				Regulation .04 of this chapter; or
(3) Compensatory leave in accordance with
				Regulation .06 of this chapter.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.03 - Leave Benefits › Section 11.02.03.12 - Leave of Absence

Current through Register Vol. 51, No. 14, July 12, 2024
A. A leave of
				absence is an authorized period of nonemployment with the Department during
				which the employee may be reinstated and be eligible for certain leave and
				salary considerations in accordance with COMAR 11.02.05.
B. Eligibility. Employees who have
				satisfactorily completed an original probationary period, or employees who do
				not serve a probation but have completed 6 months of service with the
				Department, may be allotted a leave of absence when approved by an appointing
				authority or the appointing authority's designee.
C. Limitations on the Length of Leaves of
				Absence. Except as provided in §F of this regulation, an employee may
				apply for a leave of absence without pay for a period of up to 2
				years.
D. Leave of Absence-Illness.
(1) The appointing authority or the
				appointing authority's designee may approve a medically substantiated request
				for a leave of absence for temporary incapacitation due to physical or mental
				illness.
(2) The employee shall
				submit with the request for a leave of absence-illness, a verification of the
				illness or injury signed or certified by one of the health care providers
				specified in Regulation .07G(6) of this chapter.
(3) The employee's request may be referred to
				the Department's Medical Advisor for review and input.
(4) Continuation of Health Care Coverage.
(a) For the first 60 workdays of the leave of
				absence, an employee may request the Department to continue the employee's
				health care coverage.
(b) The
				Department shall pay the employee's portion as well as the State's
				subsidy.
(c) Acceptance of this
				continuation of health care coverage constitutes an agreement by the employee
				to repay the Department for the cost incurred.
(d) This agreement remains binding even if
				the employee terminates employment with the Department.
(5) Within the first 6 months of the leave of
				absence for illness, an individual shall be reinstated in the agency and in the
				classification the individual held at the time the leave of absence was
				granted.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.03 - Leave Benefits › Section 11.02.03.13 - Law Enforcement and Fire Protection Employees

Current through Register Vol. 51, No. 14, July 12, 2024
The Secretary may establish procedures for conversion of
				  leave earning rates and leave accumulation for law enforcement and fire
				  protection employees.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.03 - Leave Benefits › Section 11.02.03.14 - Calculation and Payment of Overtime

Current through Register Vol. 51, No. 14, July 12, 2024
The Secretary shall establish procedures governing the
				  calculation and payment of overtime consistent with the Fair Labor Standards
				  Act.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.03 - Leave Benefits › Section 11.02.03.15 - Leave Donation Program and Leave Bank

Current through Register Vol. 51, No. 14, July 12, 2024
In accordance with State Personnel and Pensions Article,
				  §§
									9-601
				  -9-607, Annotated Code of Maryland, and COMAR
				  17.04.11.22B and
				  23, employees may participate in the Employee-to-Employee Leave Donation
				  Program and the State Employees' Leave Bank.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.03 - Leave Benefits › Section 11.02.03.16 - Maryland Transit Administration Employee Leave Protections

Current through Register Vol. 51, No. 14, July 12, 2024
Notwithstanding these regulations, employees who are
				  protected under the provisions of Transportation Article, §
									7-605, Annotated Code
				  of Maryland, shall be allowed to continue earning leave benefits in a manner
				  consistent with that statute.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.03 - Leave Benefits › Section 11.02.03.17 - Family Medical Leave

Current through Register Vol. 51, No. 14, July 12, 2024
Regulations implementing the federal Family and Medical Leave
				  Act of 1993 are contained in COMAR 11.02.13.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.03 - Leave Benefits › Section 11.02.03.18 - Organ Donation Leave

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				This regulation applies to all employees, including contractual, emergency, and
				temporary employees.
B. Amount of
				Leave. In any 12-month period, an employee may use up to:
(1) 7 days of organ donation leave to serve
				as a bone marrow donor; and
(2) 30
				days of organ donation leave to serve as an organ donor.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.04 - Equal Employment Opportunity › Section 11.02.04.01 - Program

Current through Register Vol. 51, No. 14, July 12, 2024
The Department shall have comprehensive equal employment
				  opportunity and affirmative action programs covering all administrations
				  regarding human resources regulations, policies, management practices, and
				  operating procedures. This chapter applies to all applicants and employees,
				  including contractual, emergency, and temporary employees.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.04 - Equal Employment Opportunity › Section 11.02.04.02 - Nondiscrimination

Current through Register Vol. 51, No. 14, July 12, 2024
A. Departmental
				actions taken to carry out these regulations, as well as related policies and
				management practices, shall be nondiscriminatory.
B. Personnel transactions shall be carried
				out in a nondiscriminatory manner.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.04 - Equal Employment Opportunity › Section 11.02.04.03 - Complaints

Current through Register Vol. 51, No. 14, July 12, 2024
A. A complaint of
				discrimination shall be filed with the administration's equal employment
				opportunity officer or the Office of Diversity and Equity in The Secretary's
				Office.
B. A complaint of
				discrimination shall be filed within 30 days from the time the complainant
				first knew of or reasonably should have known of the alleged discriminatory
				action or practice.
C. A complaint
				of discrimination shall allege a distinction in treatment in recruitment,
				interview, selection, placement, training, compensation, tuition aid,
				promotion, reclassification, transfer, discipline, termination, or any other of
				the terms, conditions, and privileges of employment. These complaints of
				discrimination shall allege discrimination based upon any of the following
				factors:
(1) Age;
(2) Ancestry;
(3) Color;
(4) Creed;
(5) Gender identity and expression;
(6) Genetic information;
(7) Marital status;
(8) Mental or physical disability;
(9) National origin;
(10) Race;
(11) Religious affiliation, belief, or
				opinion;
(12) Sex;
(13) Sexual orientation; or
(14) Other reasons prohibited by
				law.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 02 - TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM › Chapter 11.02.04 - Equal Employment Opportunity › Section 11.02.04.04 - Affirmative Action Plan

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				Department shall develop an Affirmative Action Plan to address any need for
				corrective action.
B. The
				Affirmative Action Plan shall:
(1) Be designed
				to achieve equal opportunity through positive, aggressive, and continuous
				results-oriented measures to correct past or present discriminatory practices
				and their effects on the conditions and privileges of employment; and
(2) Provide general and specific procedural
				guidance in relation to:
(a) Publicity and
				dissemination of equal opportunity/affirmative action (EO/AA)
				matters;
(b) EO/AA requirements in
				employee recruitment and selection; and
(c) EO/AA related education and
				training.