reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.03 - Selection and Appointments of Eligibles and Notification to Secretary › Section 17.04.03.14 - Part-Time Employment

Current through Register Vol. 51, No. 14, July 12, 2024
A. Part-time employment is governed by State Personnel and Pensions Article, §
									7-701, Annotated Code of Maryland.
B. An individual employed less than 50 percent of the workweek is not a part-time employee and is not entitled to receive any of the employment rights, privileges, or benefits that are normally available to a full-time or part-time employee in a similar position with a similar grade and length of service.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.03 - Selection and Appointments of Eligibles and Notification to Secretary › Section 17.04.03.15 - Secondary Employment

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual may be employed in two separate capacities in State government only with the agreement, before the second employment begins, of the appointing authorities of the units that will employ the individual.
B. For purposes of this regulation, employment with an agency of the State includes employment in any personnel system in any branch of government in any capacity and for any numbers of hours worked. Elected officials, constitutional officers, and officials appointed by the Governor are not subject to this regulation.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.03 - Selection and Appointments of Eligibles and Notification to Secretary › Section 17.04.03.16 - Medical Examination and Employee Medical Evaluation

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Secretary shall designate a State Medical Director who shall exercise all authority vested in the Secretary with respect to medical examinations and investigations relating to employment with the State.
B. The State Medical Director:
(1) May delegate in part or in whole any of the authority granted by this regulation;
(2) Shall conduct medical examinations of applicants and current employees as provided in State Personnel and Pensions Article, 2-302(b)(1)(vi) and 2-303, Annotated Code of Maryland;
(3) Shall conduct any other medical examinations or studies concerning the medical fitness of employees or candidates; and
(4) May not provide second or third opinions when prohibited by the federal Family and Medical Leave Act (FMLA).
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.03 - Selection and Appointments of Eligibles and Notification to Secretary › Section 17.04.03.17 - Probation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Individuals subject to probation are specified in State Personnel and Pensions Article, §
									7-401, Annotated Code of Maryland.
B. Individuals Not Subject to Probation.
(1) An employee who is reinstated within 1 year after separation to a classification in which the employee previously completed a probationary period does not serve a probationary period. If the employee did not complete probation before separation, the employee shall serve a new probationary period.
(2) A contractual employee who transfers to a budgeted position in accordance with State Personnel and Pensions Article, Title 13, Subtitle 3, Annotated Code of Maryland, does not serve a probationary period upon transfer.
(3) A temporary employee does not serve a probationary period.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.03 - Selection and Appointments of Eligibles and Notification to Secretary › Section 17.04.03.18 - Demotion

Current through Register Vol. 51, No. 14, July 12, 2024
A. Types. A demotion may be made:
(1) Voluntarily;
(2) As a form of discipline; or
(3) Pursuant to State Personnel and Pensions Article, §
										11-304, Annotated Code of Maryland.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.03 - Selection and Appointments of Eligibles and Notification to Secretary › Section 17.04.03.19 - Reassignment

Current through Register Vol. 51, No. 14, July 12, 2024
A. The appointing authority may reassign a qualified employee from a position to another position of equal grade and service under the provisions in State Personnel and Pensions Article, §
									7-602, Annotated Code of Maryland.
B. An involuntary reassignment that may necessitate a change of residence for more than 6 months may be made only upon the review and approval of the head of the principal unit. This is not applicable to classifications or positions requiring Statewide availability as a condition of employment.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.03 - Selection and Appointments of Eligibles and Notification to Secretary › Section 17.04.03.20 - Transfer

Current through Register Vol. 51, No. 14, July 12, 2024
A. The transfer of an employee in the skilled or professional service from one principal unit to another principal unit may be made only as follows:
(1) An employee may apply for transfer to a vacant position of the same classification or another classification of the same grade for which the employee meets the minimum qualifications; or
(2) An employee shall be considered among the eligible applicants for the vacancy if the employee complies with the provisions of §A(1) of this regulation, or when the employee qualifies as part of an approved Career Reinvestment Program as defined in COMAR 17.04.01.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.03 - Selection and Appointments of Eligibles and Notification to Secretary › Section 17.04.03.21 - Performance Planning, Evaluation, and Development

Current through Register Vol. 51, No. 14, July 12, 2024
The Secretary shall issue policies and guidelines in the area of performance planning, evaluation, and development consistent with the provisions of State Personnel and Pensions Article, Title 7, Subtitle 4, Annotated Code of Maryland.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.04 - Separations, Reemployment, and Reinstatement › Section 17.04.04.01 - Layoffs

Current through Register Vol. 51, No. 14, July 12, 2024
A. Scope. This regulation is governed by State Personnel and Pensions Article, §
									11-201, Annotated Code of Maryland.
B. Definition. In this regulation, "job series" means a group of two or more classes in the same occupational area which requires the application of the same knowledge, skills, and abilities at varying levels of proficiency or responsibility, as determined by the Secretary.
C. Notification. The appointing authority shall notify the Secretary and an employee who is to be laid off at least 60 calendar days before the effective date of the layoff.
D. Calculation of Seniority Points. Seniority points shall be calculated in accordance with the provisions of State Personnel and Pensions Article, §
									11-205(a), Annotated Code of Maryland, and as follows:
(1) One point for each month of State employment;
(2) One point for each month of employment in the principal unit in which the layoff will occur;
(3) One point for each month of employment in the job series in which the layoff will occur;
(4) For service of less than a complete month, an employee shall be credited with 0.032 points for each day of service; and
(5) For part-time employment, layoff points shall be prorated according to the percentage of employment.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.04 - Separations, Reemployment, and Reinstatement › Section 17.04.04.02 - Separations for Budgetary Reasons

Current through Register Vol. 51, No. 14, July 12, 2024
A separation of a nontemporary employee for budgetary reasons is governed by State Personnel and Pensions Article, §
									11-302, Annotated Code of Maryland.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.04 - Separations, Reemployment, and Reinstatement › Section 17.04.04.03 - Resignations

Current through Register Vol. 51, No. 14, July 12, 2024
A. An employee may separate from employment by resigning.
B. Withdrawals.
(1) An appointing authority is not obligated to accept a request to withdraw a resignation.
(2) An employee who resigns pending determination of whether the employee should be terminated may still be subject to termination.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.04 - Separations, Reemployment, and Reinstatement › Section 17.04.04.04 - Separation Reports for Unsatisfactory Performance or Conduct

Current through Register Vol. 51, No. 14, July 12, 2024
A. A unit shall report in writing to the Secretary when an employee is voluntarily or involuntarily separated from a position with an unsatisfactory employment record. The unit shall give the employee a copy of the report, either in person or by certified mail sent to the employee's last address of record. The Secretary shall determine the form of the report. The unit shall forward the report to the Secretary within 30 days of the employee's separation.
B. Separation for unsatisfactory performance or conduct, as reported in paragraph A above, is grounds for denial of future State employment for a period of up to 3 years.
C. An individual may be terminated with prejudice from State service when the individual's actions are found to be so egregious that the individual does not merit employment in any capacity with the State. Termination with prejudice is a permanent bar to any future employment in any capacity with the State; therefore, an individual who has been terminated with prejudice from State service may not subsequently be hired in any branch of State Government, including any unit with an independent personnel system, on or after October 1, 2012.
D. A person in interest may apply to correct or amend an employment record in accordance with the provisions of COMAR 17.04.12, State Government Article, §10-625, Annotated Code of Maryland, and the policies of the Secretary.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.04 - Separations, Reemployment, and Reinstatement › Section 17.04.04.05 - Reinstatement

Current through Register Vol. 51, No. 14, July 12, 2024
A. State Personnel and Pensions Article, 2-601, 2-701-----2-707, 7-208, 7-402, 7-701, 11-109, 11-208, and 11-304, Annotated Code of Maryland, and the regulations in this chapter, govern reinstatement.
B. An employee may be reinstated to a position only if the employee is qualified for the vacant position according to the selection plan for the position and, in the case of resignation, the employee resigned in good standing.
C. With the exception of an employee under special appointment, the following is the order of reinstatement priority for an employee in the skilled and the professional services:
(1) A returning veteran or reservist entitled to reinstatement under State Personnel and Pensions Article, Title 2, Subtitle 7, Annotated Code of Maryland;
(2) An individual who has been laid off or whose position has been abolished;
(3) The following candidates, without priority, along with other eligible candidates:
(a) An individual who has resigned, and
(b) A current employee seeking a return to a position in a classification previously held.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.04 - Separations, Reemployment, and Reinstatement › Section 17.04.04.06 - Service Credits

Current through Register Vol. 51, No. 14, July 12, 2024
A. Appointments from Independent Personnel Systems. For the purpose of computing leave, salary credit, and service credit, a former nontemporary employee of an independent personnel system who is appointed to a position in accordance with the State Personnel Management System standards shall receive full service credit for time employed, if the appointment to the position occurs within 3 years from the date of separation from the independent personnel system.
B. Transfers from Independent Personnel Systems. For determinations of leave and service credit, an individual who transfers is covered under State Personnel and Pensions Article, §
									2-301(b)(5), Annotated Code of Maryland.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.05 - Disciplinary Actions › Section 17.04.05.01 - Disciplinary Actions Generally

Current through Register Vol. 51, No. 14, July 12, 2024
A. Disciplinary action may be taken because of an employee's:
(1) Unsatisfactory performance of duties and responsibilities, as governed by State Personnel and Pensions Article, 11-101, 11-102, 11-103(a), (c), and (d), 11-104, 11-105, 11-107----- 11-113, and 11-304, Annotated Code of Maryland; or
(2) Misconduct, as governed by State Personnel and Pensions Article, 11-101-----11-110, 11-112, 11-113, and 11- 303-----11-306, Annotated Code of Maryland.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.05 - Disciplinary Actions › Section 17.04.05.02 - Mitigating Circumstances

Current through Register Vol. 51, No. 14, July 12, 2024
A. Scope. This regulation applies to an employee in the skilled and professional services. It does not apply to an employee under special appointment or an employee on initial probation.
B. Consideration of Mitigating Evidence. Except for automatic terminations under State Personnel and Pensions Article, §
									11-105, Annotated Code of Maryland, the appointing authority, head of the principal unit, the Secretary, and the Office of Administrative Hearings shall consider mitigating circumstances when determining the appropriate discipline.
C. The Office of Administrative Hearings may not change the discipline imposed by the appointing authority, as modified by the head of the principal unit or Secretary, unless the discipline imposed was clearly an abuse of discretion and clearly unreasonable under the circumstances.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.05 - Disciplinary Actions › Section 17.04.05.03 - Disciplinary Actions Related to Employee Performance

Current through Register Vol. 51, No. 14, July 12, 2024
A. Scope. This regulation applies to an employee in the skilled and professional services. It does not apply to an employee under special appointment.
B. The appointing authority may discipline an employee for reasons related to the employee's performance. These reasons include but are not limited to:
(1) That the employee is incompetent or inefficient in the performance of the employee's duty;
(2) That the employee is an individual with a disability who with a reasonable accommodation cannot perform the essential functions of the position; or
(3) That the employee currently is not qualified for the position.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.05 - Disciplinary Actions › Section 17.04.05.04 - Disciplinary Actions Relating to Employee Misconduct

Current through Register Vol. 51, No. 14, July 12, 2024
A. Scope. This regulation applies to an employee in the skilled and professional services. This regulation does not apply to an employee under special appointment.
B. An employee may be disciplined for engaging in any of the following actions:
(1) Being negligent in the performance of duties;
(2) Engaging in intentional misconduct, without justification, which injures another person, causes damage to property, or threatens the safety of the work place;
(3) Being guilty of conduct that has brought or, if publicized, would bring the State into disrepute;
(4) Being unjustifiably offensive in the employee's conduct toward fellow employees, wards of the State, or the public;
(5) Violating a provision of State Personnel and Pensions Article, Title 2, Subtitle 3; Title 15; or §9-607; Annotated Code of Maryland;
(6) Stealing State property with a value of $300 or less;
(7) After notification, continuing to engage in another business, trade, or occupation, which conflicts with the employee's position, or which prevents the employee from satisfactorily performing the duties of the employee's position;
(8) Engaging in conduct involving dishonesty, fraud, deceit, misrepresentation, or illegality;
(9) Causing damage to public property or wasting public supplies through negligence, recklessness, or willful conduct;
(10) Willfully making a false official statement or report;
(11) Knowingly assisting another in conduct that is a violation of State Personnel and Pensions Article, Annotated Code of Maryland, the regulations in this chapter, or any other lawful agency policy;
(12) Violating a lawful order or failing to obey a lawful order given by a superior, or engaging in conduct, violating a lawful order, or failing to obey a lawful order which amounts to insubordination;
(13) Engaging in discrimination prohibited by law;
(14) Using leave contrary to law or policy; or
(15) Committing another act, not previously specified, when there is a connection between the employee's activities and an identifiable detriment to the State.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.05 - Disciplinary Actions › Section 17.04.05.05 - Employees in the Management Service, Executive Service, and Under Special Appointment

Current through Register Vol. 51, No. 14, July 12, 2024
A. An appointing authority may take any of the disciplinary actions specified in State Personnel and Pensions Article, 11-104 and 11-105, Annotated Code of Maryland, against an employee in the management service, the executive service, or under special appointment.
B. An employee may appeal a disciplinary action imposed under this regulation pursuant to State Personnel and Pensions Article, §
									11-113, Annotated Code of Maryland, and a termination imposed under State Personnel and Pensions Article, §
									11-305, Annotated Code of Maryland.
C. Each employee subject to this regulation serves at the pleasure of the appointing authority and may be terminated or disciplined for any reason that is not illegal or unconstitutional, solely in the discretion of the appointing authority. An appeal under this regulation may only be based on the grounds that the disciplinary action is illegal or unconstitutional.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.05 - Disciplinary Actions › Section 17.04.05.06 - Transitional Rule for Management Service Employees

Current through Register Vol. 51, No. 14, July 12, 2024
Effective October 1, 1996, if a former classified service employee's classification is placed in the management service, the employee shall retain the disciplinary appeal rights for the skilled service or professional service for as long as the employee remains in the position held on the effective date of the State Personnel Management System Reform Act of 1996, or until April 1, 1998, whichever occurs first.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.06 - Grievances › Section 17.04.06.01 - Definitions and General Rules

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated:
(1) "Employee" means an individual covered by State Personnel and Pensions Article, §
										12-102, Annotated Code of Maryland.
(2) "Grievance" has the meaning stated in State Personnel and Pensions Article, §
										12-101, Annotated Code of Maryland.
(3) "Party" means an employee filing an appeal, the aggrieved employee's appointing authority, the employee's principal unit, or the Department of Budget and Management when named in a second step grievance decision.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.06 - Grievances › Section 17.04.06.02 - Settlement Between the Parties

Current through Register Vol. 51, No. 14, July 12, 2024
The parties shall make every effort to resolve a grievance promptly and at the lowest possible level.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.06 - Grievances › Section 17.04.06.03 - Bypassing Steps

Current through Register Vol. 51, No. 14, July 12, 2024
The right of the parties to bypass steps is governed by State Personnel and Pensions Article, §
									12-201, Annotated Code of Maryland.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.06 - Grievances › Section 17.04.06.04 - Consolidation of Similar Grievances

Current through Register Vol. 51, No. 14, July 12, 2024
The right of the parties to consolidate grievances is governed by State Personnel and Pensions Article, §
									12-404, Annotated Code of Maryland.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.06 - Grievances › Section 17.04.06.05 - Reclassification Grievances

Current through Register Vol. 51, No. 14, July 12, 2024
If a grievance is based on a position's classification, the head of the principal unit shall assure that a classification study of the employee's position has been made within 1 year of the date on which the grievance was initiated. A back pay award in a reclassification grievance is governed by the provisions of State Personnel and Pensions Article, §
									12-402(b)(2), Annotated Code of Maryland.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.07 - Conferences, Hearings, and Appeals › Section 17.04.07.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter applies to all conferences, hearings, and appeals conducted pursuant to State Personnel and Pensions Article, Titles 11 and 12, Annotated Code of Maryland.
B. This chapter shall be construed to ensure the fair and expeditious processing of grievances and disciplinary actions.
C. This chapter supplements the procedures established by statute.
D. Hearings are governed by this chapter and COMAR 28.02.01. In the case of a conflict between this chapter and COMAR 28.02.01, this chapter prevails.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.07 - Conferences, Hearings, and Appeals › Section 17.04.07.02 - 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) "Appeal" means a grievance or disciplinary action challenged by an employee or former employee.
(2) "Business day" means a calendar day, excluding Saturdays, Sundays, and employee holidays as defined in State Personnel and Pensions Article, §
										9-201, Annotated Code of Maryland.
(3) "Designated representative" means an attorney, an employee organization representative, or any other individual authorized in writing by a party to represent the party.
(4) "Disciplinary action" has the meaning stated in State Personnel and Pensions Article, §
										11-104, Annotated Code of Maryland.
(5) "Employer" has the meaning stated in State Personnel and Pensions Article, §
										12-101, Annotated Code of Maryland.
(6) "Hearing" means a contested case proceeding conducted by the Office of Administrative Hearings.
(7) "Office" means the Office of Personnel Services and Benefits, Department of Budget and Management, which is the designated representative of the Secretary.
(8) "Party" means an employee filing an appeal, the aggrieved employee's appointing authority, or the Department of Budget and Management when named in a second step grievance decision.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.07 - Conferences, Hearings, and Appeals › Section 17.04.07.03 - Timeliness

Current through Register Vol. 51, No. 14, July 12, 2024
A. An appeal shall be received by the Office not later than 10 calendar days after the date the appellant received the decision of the head of the principal unit or the unit head's designee.
B. Whenever service of a decision under §A of this regulation is by regular mail, 3 business days shall be added to the period for an employee to file an appeal.
C. An appeal is considered received on the date it is date stamped by the Office.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.07 - Conferences, Hearings, and Appeals › Section 17.04.07.04 - Transmittal of Appeal

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Office shall accept appeals forwarded by facsimile.
B. Electronic Transmittal.
(1) Each employer shall have a designated email address which may be used to file appeals.
(2) An appeal submitted by email shall be considered properly filed only when received at the designated email address of the proper employer at the appropriate stage of the appeal process.
(3) Each email transmittal may include only one appeal, with the exception of a single grievance filed by a group of employees, commonly referred to as a "group grievance".
(4) The subject line of the email by which the appeal is transmitted shall include:
(a) The first and last name of the employee whose appeal is being filed; and
(b) The grievance issue or type of disciplinary action being appealed.
(5) The employer will send an email response to each appeal filed via email, which may be automatic, acknowledging receipt of the appeal and including the information from the subject line of the email by which the appeal is filed.
(6) The documentation required by §C of this regulation, and any other documentation being filed with the appeal, must be included in a single attachment to the email in PDF format.
(7) The Office, or any employer addressing an appeal at any step of the process, may use the email address from which an appeal is filed to deliver any notices, decisions, or other correspondence associated with the appeal to the party or representative filing the appeal.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.07 - Conferences, Hearings, and Appeals › Section 17.04.07.05 - Informal Conferences

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Office shall conduct all conferences informally and in accordance with the provisions of State Personnel and Pensions Article, Titles 11 and 12, Annotated Code of Maryland, and this chapter.
B. Conferences shall be closed to the general public unless the employee waives the confidentiality of the conference.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.07 - Conferences, Hearings, and Appeals › Section 17.04.07.06 - Notice of Settlement Conference

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Office shall send written notice of a settlement conference to the parties by mail or facsimile, or by email pursuant to Regulation .04 of this chapter.
B. The settlement conference notice shall contain:
(1) The date, time, place, and the nature of the conference;
(2) A statement that notice must be received 3 business days before the conference date if special arrangements are needed to accommodate an individual with a disability;
(3) A statement that notice must be received 3 business days before the conference date if an interpreter is needed; and
(4) A statement that failure to participate in good faith or to attend a conference may result in a decision adverse to a party.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.07 - Conferences, Hearings, and Appeals › Section 17.04.07.07 - Appearance of Parties at Settlement Conference; Representation

Current through Register Vol. 51, No. 14, July 12, 2024
A. A party or a designated representative shall be present for all scheduled settlement conferences.
B. An individual may be represented by himself or herself or by a designated representative.
C. If a designated representative participates in a settlement conference instead of a party, the designated representative shall have authority to negotiate or settle the matter appealed.
D. A party's designated representative shall enter the representative's appearance with the Office. The designation of the representative shall be in writing.
E. A copy of all notices and correspondence shall be sent to a party and a party's designated representative.
F. When the appellant's designated representative is another State employee, the appointing authority of the designated representative shall assure that the designated representative is given reasonable time during work hours to investigate appeals and participate in settlement conferences and hearings relating to an appeal. An employee may not leave the employee's post of duty to represent another employee at a grievance appeal or a disciplinary appeal conference or hearing without permission from the employee's supervisor.
G. The appointing authority shall assure that the appellant is given reasonable time during work hours to investigate appeals and participate in settlement conferences and hearings relating to an appeal.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.07 - Conferences, Hearings, and Appeals › Section 17.04.07.08 - Postponement of a Settlement Conference

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Office shall only consider a request for postponement of a settlement conference:
(1) If the requesting party provides a written request 3 business days before the scheduled conference and establishes good cause for the postponement;
(2) In the case of an emergency as defined in §C of this regulation; or
(3) Under unusual circumstances as determined by the Office.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.07 - Conferences, Hearings, and Appeals › Section 17.04.07.09 - Telephone or Video Conferences

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Office in its exclusive discretion may conduct a settlement conference by telephone, video, or other electronic means if each party has an opportunity to participate in the entire proceeding.
B. Except as authorized by the Office, documents for a telephone, video, or electronic conference shall be received by the Office and each party at least 3 business days before the scheduled conference.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.07 - Conferences, Hearings, and Appeals › Section 17.04.07.10 - Failure to Attend a Conference or Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each party shall attend and participate in good faith in a scheduled conference or hearing. The Office of Administrative Hearings may issue a decision adverse to the party upon a showing that the party:
(1) Was sent proper notice of the conference or hearing; and
(2) Failed to show good cause for not attending.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.07 - Conferences, Hearings, and Appeals › Section 17.04.07.11 - The Record

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Office shall prepare an official record of each appeal received.
B. The record shall consist of:
(1) The documents giving rise to the appeal;
(2) The request for an appeal;
(3) Notices of all proceedings;
(4) Any postponement requests and responses; and
(5) Any documents included in the file by mutual agreement of the parties.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.07 - Conferences, Hearings, and Appeals › Section 17.04.07.12 - Proposed Findings of Fact and Conclusions of Law

Current through Register Vol. 51, No. 14, July 12, 2024
A. A party may submit proposed findings of fact and proposed conclusions of law before, at, or after a hearing.
B. Proposed findings of fact and conclusions of law shall be submitted in writing.
C. If submitted after a hearing, the proposed findings of fact and conclusions of law shall be filed not later than 10 business days after the hearing.
D. The party submitting proposed findings of fact and conclusions of law shall serve a copy upon all other parties by mail.
E. The Office of Administrative Hearings shall rule on each proposed finding in the final decision.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.07 - Conferences, Hearings, and Appeals › Section 17.04.07.13 - Peer Review Panels

Current through Register Vol. 51, No. 14, July 12, 2024
A. A peer review panel may be selected in accordance with State Personnel and Pensions Article, §
									11-112 or  12-301, Annotated Code of Maryland.
B. A principal unit may apply to the Secretary for approval to establish a peer review panel. The application shall state how panel members are to be selected, their terms on the panel, the procedures for appealing a disciplinary action or grievance to a panel, and the procedures and policies that will bind the panel in its decision making.
C. An individual who is a party to the issue to be considered by a peer review panel, was involved in the decision giving rise to the grievance, or otherwise had a conflict of interest, may not participate as a member of the panel convened to hear the employee's appeal.
D. A panel shall be bound by a regulation, declaratory ruling, prior adjudication, or other settled, preexisting policy to the same extent as the Office is, or would have been bound, if it were hearing the case.
E. Approval of a peer review panel is effective until the principal unit head amends its application or revokes authority for the panel. Revocation of the panel's authority may occur without the Secretary's approval. A unit may employ more than one type of panel if approval is received from the Secretary.
F. A unit shall notify its employees of the existence of an approved peer review panel and shall keep a copy of the application and approval in accordance with State Personnel and Pensions Article, §
									5-101, Annotated Code of Maryland.
G. A decision issued by a peer review panel shall contain findings of fact and conclusions of law, meet the requirements of the Administrative Procedure Act, and be sent to the parties within 45 days after the close of the record. The decision of the peer review panel is the final administrative decision.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.07 - Conferences, Hearings, and Appeals › Section 17.04.07.14 - Office of Administrative Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. In a hearing held pursuant to State Personnel and Pensions Article, Titles 11 and 12, Annotated Code of Maryland, the Office of Administrative Hearings is bound by a regulation, declaratory ruling, prior adjudication, or other settled, preexisting policy, to the same extent that the Office is, or would have been bound, if it were hearing the case.
B. A hearing conducted by the Office of Administrative Hearings, in accordance with the State Personnel and Pensions Article, shall be closed to the general public unless the employee waives the confidentiality of the hearing.
C. The Office of Administrative Hearings may not conduct a settlement conference before taking oral testimony or issuing a ruling on a substantive issue. After taking oral testimony or issuing a ruling on a substantive issue, the Office of Administrative Hearings may conduct a settlement conference.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.08 - Employee Rights and Protections › Section 17.04.08.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter applies to all Executive Branch agencies including a unit with an independent personnel system. Unless otherwise specified, this chapter also applies to temporary employees in the State Personnel Management System and to contractual, emergency, and temporary employees in an Executive Branch unit with an independent personnel system.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.08 - Employee Rights and Protections › Section 17.04.08.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following words have the meanings indicated.
B. Terms Defined.
(1) "Party" means an employee filing a complaint or the head of the principal unit which employs the complainant.
(2) "Personnel action" includes an appointment, promotion, disciplinary or corrective action, acting capacity, reassignment, reclassification, reinstatement, performance appraisal, decision affecting compensation, benefits, training, or any other matter which significantly affects an individual's compensation, terms, conditions, or privileges of employment.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.08 - Employee Rights and Protections › Section 17.04.08.04 - Procedures for Investigating Complaints of Discrimination

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definitions. In this regulation, the following terms have the meanings indicated:
(1) "Comparable individual" means an individual whose circumstances and those of the complainant are such that it is appropriate that their treatment be compared to determine if discrimination has occurred.
(2) "Relevant information" includes but is not limited to:
(a) Statistical and other data reflecting personnel actions taken by an alleged discriminating official;
(b) Nonprivileged information in personnel files of comparable employees; and
(c) Any other information considered relevant by the State EEO Coordinator, the unit's fair practices officer, or the unit's equal employment opportunity officer.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.08 - Employee Rights and Protections › Section 17.04.08.05 - Whistleblower Complaints

Current through Register Vol. 51, No. 14, July 12, 2024
A. Those employees specified in State Personnel and Pensions Article, §
									5-301, Annotated Code of Maryland, may file a complaint with the Secretary alleging that a personnel action was taken in violation of State Personnel and Pensions Article, §
									5-305, Annotated Code of Maryland, as a reprisal against the employee for the employee's disclosure of impropriety in government. The complaint shall be filed in accordance with the provisions of State Personnel and Pensions Article, §
									5-309, Annotated Code of Maryland.
B. Complaints shall be filed in writing and include the following information:
(1) Name, telephone number, and home address of complainant;
(2) Name, and business address, if known, of the person against whom the complaint is made;
(3) Date or dates of alleged unlawful personnel actions;
(4) A statement of the facts which are the basis for the complaint;
(5) A statement detailing the disclosure of information and when and to whom the disclosure was made;
(6) Signature of the complainant; and
(7) Date the complaint is filed.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.08 - Employee Rights and Protections › Section 17.04.08.06 - Actions By the Secretary

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Secretary's investigation and the issuance of findings regarding a whistleblower complaint are governed by State Personnel and Pensions Article, §
									5-309, Annotated Code of Maryland.
B. Remedial action which may be ordered by the Secretary for a violation of State Personnel and Pensions Article, §
									5-305, Annotated Code of Maryland, is governed by State Personnel and Pensions Article, §
									5-309, Annotated Code of Maryland.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.08 - Employee Rights and Protections › Section 17.04.08.07 - Appeal of Whistleblower Complaints

Current through Register Vol. 51, No. 14, July 12, 2024
A. A complainant may appeal to the Office of Administrative Hearings in accordance with State Personnel and Pensions Article, §
									5-310, Annotated Code of Maryland.
B. A request for a hearing shall be in writing and signed by the individual requesting a hearing.
C. The Office of Administrative Hearings shall hold the hearing and shall issue the final administrative decision.
D. Any hearing conducted shall be held in accordance with the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and State Personnel and Pensions Article, §
									5-310, Annotated Code of Maryland.
E. The complainant shall bear the burden of proof.
F. The Office of Administrative Hearings may not remand a whistleblower complaint to the Secretary for investigation.
G. The Office of Administrative Hearings may not hold a hearing on the merits of an employee's appeal until all preliminary jurisdictional issues are resolved.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.08 - Employee Rights and Protections › Section 17.04.08.08 - Miscellaneous

Current through Register Vol. 51, No. 14, July 12, 2024
Each party shall make every effort to promptly resolve a complaint at the lowest level possible.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.09 - Testing for Illegal Use of Drugs › Section 17.04.09.01 - 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) "Agency technical representative" means an employee designated by an appointing authority to ensure compliance with the requirements of this chapter and whose duties include, but are not limited to, the following:
(a) Scheduling of urine specimen collections;
(b) Designation of collection sites;
(c) Assurance of integrity of collection procedures and sites;
(d) Assurance of integrity of testing and specimen retention procedures;
(e) Review of data and reports; and
(f) Acting as contact person for the appointing authority's program for testing for illegal use of drugs.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.09 - Testing for Illegal Use of Drugs › Section 17.04.09.02 - List of Sensitive Classifications

Current through Register Vol. 51, No. 14, July 12, 2024
The Secretary shall maintain a list of sensitive classifications.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.09 - Testing for Illegal Use of Drugs › Section 17.04.09.02-1 - Designation of Sensitive Positions by Appointing Authority

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each appointing authority is responsible for determining whether positions within the appointing authority are sensitive, and may designate those positions as sensitive positions.
B. Each appointing authority who designates a position as sensitive shall be responsible for all of the following:
(1) Notification to the employee in the position of the designation of the position as sensitive and of requirements for testing in accordance with Regulation .04 of this chapter;
(2) Maintenance of documentation of the reasons for the designation;
(3) Presentation of the reasons for the designation in administrative or judicial proceedings; and
(4) Provision of reports to the Secretary, to be submitted following the end of each fiscal quarter, listing each position, as identified by position identification number, that has been designated as sensitive along with the reasons for the designation.