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 11.02.02.05 - Probation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Career Service
				employees initially hired into the Transportation Service shall serve a 6-month
				probation period, unless another period is specified before recruitment for the
				position. A supervisor, with the concurrence of the appointing authority or the
				appointing authority's designee, may extend the probation period for an
				additional period not to exceed the length of the original probation period, or
				may shorten the probation period.
B. A Career Service employee who is promoted
				is required to serve a probation period in the new classification not to exceed
				6 months, unless another period is specified before recruitment for the
				position. A supervisor may, with the concurrence of the appointing authority or
				the appointing authority's designee, extend the promotional probation period
				for an additional period not to exceed the length of the original promotional
				probation period, or may shorten the probation period.
C. An employee reinstated into a
				classification other than the employee's former classification may be required
				to serve a 6-month probation, unless another period is specified before
				recruitment for the position. A supervisor, with the concurrence of the
				appointing authority or the appointing authority's designee, may extend the
				probation period for an additional period not to exceed the length of the
				original probation, or may shorten the probation period.
D. Current Department employees who convert
				into the Transportation Service and who have satisfactorily completed a
				probation period are not required to serve an additional probation period as a
				result of the conversion.
E.
				Current Department employees who are on probation and who convert into the
				Transportation Service shall serve probation under its original
				terms.
F. An employee who, in the
				judgment of the supervisor, is not satisfactorily performing the job duties may
				be rejected from a Career Service position with the Transportation Service with
				the concurrence of the appointing authority.
G. An employee rejected on probation shall be
				provided at least 2 weeks notice unless, in the judgment of the appointing
				authority, the employee's continued presence on the job would be contrary to
				the best interests of the Department.
H. Written Notice. The appointing authority
				shall provide the employee, in writing, with the reason or reasons for the
				rejection on probation, the effective date of the rejection on probation, and
				the appropriate appeal routes, including the time frame for appeal to the
				Office of Administrative Hearings.
I. An employee rejected on promotional
				probation shall be returned to the employee's previous position if vacant. If
				the previous position is not vacant, the appointing authority, at the
				appointing authority's discretion, may place the employee in any vacancy in the
				previous classification.
J. Appeal
				of Rejection on Probation.
(1) An employee may
				appeal a rejection on probation in writing to the Office of Administrative
				Hearings, with a copy to the appointing authority, within 5 work days of
				receipt of the written notice of rejection. Work days do not include Saturdays,
				Sundays, and observed holidays. The Secretary of Budget and Management or a
				designated representative shall allow either party 15 days from the date of the
				Office of Administrative Hearings' proposed decision to file exceptions to the
				proposed decision.
(2) A police
				officer serving an initial probationary period as a police officer, or a
				rejected employee serving a probation period as set forth in §A or C of
				this regulation, shall be afforded an opportunity for a hearing which is
				limited to the legal and constitutional basis for the rejection.
(3) A rejected employee serving a promotional
				probation period as set forth in §B of this regulation shall be offered a
				hearing on the merits of the rejection.
(4) The burden of proof in an appeal of
				rejection on probation is as set forth in COMAR
				11.02.08.10J.