reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 02 - OFFICE OF THE SECRETARY › Chapter 17.02.01 - Public Information Act Requests › Section 17.02.01.12 - Review of the Denial

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a written request is denied by the custodian, the applicant may, within 30 days after receipt of the notice of the denial, request an administrative hearing.
B. If the applicant requests a hearing, the hearing shall be conducted by a hearing officer designated by the Secretary and the hearing shall be governed by the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. After the hearing, the hearing officer shall prepare a recommended decision for the Secretary. The Secretary shall issue the final decision of the Department.
C. If the hearing results in a total or partial denial of the written request, the applicant may file an appropriate action in the circuit court under State Government Article, §10-623, Annotated Code of Maryland.
D. If the applicant chooses not to request a hearing under §A of this regulation, the applicant may file an action for judicial enforcement under State Government Article, §10-623, Annotated Code of Maryland, without exhausting that administrative remedy.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 02 - OFFICE OF THE SECRETARY › Chapter 17.02.01 - Public Information Act Requests › Section 17.02.01.13 - Disclosure Against Public Interest

Current through Register Vol. 51, No. 14, July 12, 2024
If, in the opinion of the Secretary, disclosure of any record that is otherwise required to be disclosed under the Act would do substantial injury to the public interest, the Secretary may temporarily deny the request in writing and apply within 10 working days of the denial to the appropriate circuit court for an order permitting continued denial or restriction of access. Notice of the application filed with the circuit court shall be served on the applicant in the same manner that is provided for service of process by the Maryland Rules of Procedure.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 02 - OFFICE OF THE SECRETARY › Chapter 17.02.01 - Public Information Act Requests › Section 17.02.01.14 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. The fee schedule for copying and certifying copies of records is as follows:
(1) Copies. The fee for each copy is 15 cents per page if reproduction is made by a photocopying machine within the Department. If records are not susceptible to photocopying (for example, punch cards, magnetic tapes, blueprints, and microfilm), the fee for copies will be based on the actual cost of material and reproduction.
(2) Certification of Copies. If a person requests that a copy of a record be certified as a true copy, an additional fee of $1 per page or, if appropriate, per item shall be charged.
(3) Minimum Fee Charged. A charge may not be made if the total amount of the fee would be $1 or less.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 02 - OFFICE OF THE SECRETARY › Chapter 17.02.01 - Public Information Act Requests › Section 17.02.01.15 - Time of Inspection

Current through Register Vol. 51, No. 14, July 12, 2024
An applicant may inspect any record that the applicant is entitled to inspect during the normal working hours of the Department.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 02 - OFFICE OF THE SECRETARY › Chapter 17.02.02 - Form and Procedure for Petitions for Adoption, Amendment, or Repeal of Regulations and Petitions for Declaratory Rulings › Section 17.02.02.01 - Petitions for Adoption, Amendment, or Repeal of Regulations

Current through Register Vol. 51, No. 14, July 12, 2024
A. Who May File. Any interested person may file a petition with the Secretary for the promulgation, amendment, or repeal of any departmental regulation.
B. Form. The petition shall be in writing and shall contain a brief statement of the regulation or amendment the petitioner proposes and a reference to any prior regulation the petitioner seeks to have amended or repealed. The petition shall also include a brief statement of reasons in support of the proposed change and the name, address, and telephone number of the petitioner.
C. Submission, Consideration, and Disposition. The petition shall be filed with the Secretary at the main office of the Department of Budget and Management, for his consideration and disposition. Within 60 days after submission, the Secretary shall consider the petition and either deny it or initiate appropriate procedures to promulgate, amend, or repeal regulations in accordance with the petition. If he denies the petition in whole or in part, the Secretary shall notify the petitioner in writing, stating his reasons. If he determines to take action in accordance with the petition, he may modify any language suggested by the petitioner.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 02 - OFFICE OF THE SECRETARY › Chapter 17.02.02 - Form and Procedure for Petitions for Adoption, Amendment, or Repeal of Regulations and Petitions for Declaratory Rulings › Section 17.02.02.02 - Petitions for Declaratory Rulings

Current through Register Vol. 51, No. 14, July 12, 2024
A. Who May File. Any interested person may petition the Secretary for a declaratory ruling with respect to the applicability of any regulation, order, or statute enforceable by the Department of Budget and Management to any person, property, or state of facts.
B. Form. The petition shall be in writing and shall contain a detailed statement of the facts under which the applicability of the regulation, order, or statute is questioned. It shall include the petitioner's name, address, and telephone number and an explanation of the petitioner's interest. The petitioner shall attach a certificate, given under oath, that the facts contained in the petition are true to the best of the petitioner's knowledge, information, and belief.
C. Submission, Consideration, and Disposition. The petition shall be filed with the Secretary at the main office of the Department of Budget and Management, for his consideration and disposition. The Secretary shall consider the petition and may issue the declaratory ruling requested. The Secretary shall notify the petitioner in writing of his decision, stating his reasons.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 02 - OFFICE OF THE SECRETARY › Chapter 17.02.03 - Contested Cases Regulations › Section 17.02.03.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter applies to hearings which the Department is required to conduct by statute or regulation to adjudicate the rights, duties, statutory entitlements, or privileges of specific persons, except for hearings conducted pursuant to COMAR 17.01.02.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 02 - OFFICE OF THE SECRETARY › Chapter 17.02.03 - Contested Cases Regulations › Section 17.02.03.02 - 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) "Department" means the Department of Budget and Management.
(2) "Hearing officer" means an officer designated by the Secretary to conduct a hearing pursuant to this chapter.
(3) "Notice" means a written document sent by certified mail, return receipt requested.
(4) "Party" means the Department or any person whose rights are being adjudicated by the Secretary at a hearing.
(5) "Secretary" means the Secretary of Budget and Management or his designee.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 02 - OFFICE OF THE SECRETARY › Chapter 17.02.03 - Contested Cases Regulations › Section 17.02.03.03 - Notice

Current through Register Vol. 51, No. 14, July 12, 2024
A. Whenever the Department is required by statute or regulation to provide a hearing to a person, the Department shall send that person reasonable notice of the hearing.
B. Contents of Notice. The notice shall contain a:
(1) Statement of the date, time, place, and nature of the hearing;
(2) Statement of the person's right to be represented by counsel;
(3) Statement of the legal authority and jurisdiction under which the hearing is to be held;
(4) Reference to the particular sections of statute and regulation, including rules of procedure, involved; and
(5) Short and simple statement of the matters which will be at issue at the hearing.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 02 - OFFICE OF THE SECRETARY › Chapter 17.02.03 - Contested Cases Regulations › Section 17.02.03.04 - Hearing Officer

Current through Register Vol. 51, No. 14, July 12, 2024
Once a hearing has been scheduled, the Secretary shall designate a hearing officer who shall conduct the hearing and render a decision. The Secretary may designate himself as the hearing officer. If a person other than the Secretary is the hearing officer, the hearing officer may only issue a proposed decision according to Regulation .08B of this chapter.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 02 - OFFICE OF THE SECRETARY › Chapter 17.02.03 - Contested Cases Regulations › Section 17.02.03.05 - Prehearing Conference

Current through Register Vol. 51, No. 14, July 12, 2024
A. Before the date of the hearing, the hearing officer may hold a prehearing conference, for which he shall give notice to all parties of the date, time, and place.
B. In the discretion of the hearing officer, persons other than parties may attend a prehearing conference.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 02 - OFFICE OF THE SECRETARY › Chapter 17.02.03 - Contested Cases Regulations › Section 17.02.03.06 - Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Presentation of Hearing. Hearings shall be conducted generally in the following order, unless modified by the hearing officer during the prehearing conference or otherwise:
(1) Call of the case by the hearing officer;
(2) Opening statements by the parties;
(3) Presentation of evidence in the following order:
(a) The Department presents the basis for the Department's action or proposed action and other evidence,
(b) Parties aggrieved by the Department's action or proposed action present their objections to the Department's action or proposed action and other evidence,
(c) Other persons may present evidence at the discretion of the hearing officer,
(d) Rebuttals in the same order.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 02 - OFFICE OF THE SECRETARY › Chapter 17.02.03 - Contested Cases Regulations › Section 17.02.03.07 - Record and Transcript

Current through Register Vol. 51, No. 14, July 12, 2024
A. The hearing officer shall prepare an official record of each hearing, which shall include all pleadings, exhibits, and other memoranda or material filed in the proceeding, and any testimony transcribed according to §B of this regulation.
B. A stenographic record of the proceedings or other form of verbatim record acceptable to the Department shall be made at the expense of the Department. This record need not be transcribed unless requested by a party, the hearing officer, or the Secretary. The cost of any typewritten transcripts of any proceedings, or part of them, shall be paid by the party requesting the transcript.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 02 - OFFICE OF THE SECRETARY › Chapter 17.02.03 - Contested Cases Regulations › Section 17.02.03.08 - Decisions

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the Secretary personally hears the evidence at the hearing, the Secretary shall issue a final decision within 90 days of the hearing.
B. Proposed Decision.
(1) If the Secretary does not personally hear the evidence at the hearing, the hearing officer shall issue a proposed decision within 90 days of the hearing according to the provisions of State Government Article, §
										10-212, Annotated Code of Maryland, and a final decision may not be issued until the requirements of this section have been met.
(2) The proposed decision, including the findings of fact and conclusions of law on which it is based, shall be mailed to all parties immediately after its issuance. The parties shall also be notified that oral argument before the Secretary may be requested by any party adversely affected by the proposed decision.
(3) Within 15 days after receipt of the proposed decision, a party adversely affected by the proposed decision may file written exceptions to the proposed decision and request to present oral argument to the Secretary. Any party filing written exceptions or requesting oral argument shall include in the exceptions or request precise references to those sections of the record which the party wishes the Secretary to review. References to the record other than any transcript of testimony shall be indicated as R..., and references to the transcript of testimony as contained in the record shall be indicated as T.... If a party fails to provide these specific references, the Secretary may dismiss any request for oral argument and may base his review of the proposed decision on whatever portion of the record he deems appropriate.
(4) If an oral argument is not requested, the Secretary shall issue his final decision within 60 days of the hearing.
(5) If oral argument is requested, the Secretary shall set a date for oral argument within 30 days of the receipt of a request for oral argument and shall notify the parties of the date, time, and place for the argument.
(6) The Secretary shall issue a final decision within 30 days of oral argument. Copies of the decision shall be mailed to all parties, return receipt requested.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 02 - OFFICE OF THE SECRETARY › Chapter 17.02.03 - Contested Cases Regulations › Section 17.02.03.09 - Rehearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. Any party aggrieved by the decision and order rendered in a particular case may apply for rehearing within 10 days after receipt of the decision. Any action on this application lies in the discretion of the Secretary.
B. Unless otherwise ordered, neither the rehearing nor the application for it shall stay the enforcement of any order, or excuse the persons affected by it for failure to comply with its terms.
C. On rehearing, the Secretary may consider facts not presented in the original hearing, including facts arising after the date of the original hearing, and may by new order abrogate, change, or modify the original order.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 02 - OFFICE OF THE SECRETARY › Chapter 17.02.03 - Contested Cases Regulations › Section 17.02.03.10 - Appeal

Current through Register Vol. 51, No. 14, July 12, 2024
Any party adversely affected by a final decision of the Secretary may obtain judicial review of the Secretary's decision as provided by law.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 03 - CAPITAL BUDGET › Chapter 17.03.01 - Capital Division › Section 17.03.01.01 - 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) "Capital Division" means the Division of Capital Budgeting, a unit of the Department of Budget and Management.
(2) "Clearinghouse" means the State Clearinghouse for Intergovernmental Assistance, a unit of the Office of Planning.
(3) "Department" means the Department of Budget and Management.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 03 - CAPITAL BUDGET › Chapter 17.03.01 - Capital Division › Section 17.03.01.02 - Capital Division

Current through Register Vol. 51, No. 14, July 12, 2024
A. Environmental Assessment Form to Accompany Capital Budget Request. Under State Finance and Procurement Article, §
									5-309, Annotated Code of Maryland, each State agency that proposes a capital project shall submit a request to the Department by July 1 of the fiscal year before the fiscal year in which the project is to be commenced, unless the agency declares the project to be an emergency. Before or with this request, the agency shall submit an environmental assessment on a form prescribed by the Secretary of Natural Resources. (This is in addition to any copy of the environmental assessment form required to be furnished to the Clearinghouse.)
B. Environmental Effects Report.
(1) When Required. If the environmental assessment form shows that the capital budget request will have a significant effect on the quality of the environment, the State agency shall also prepare:
(a) An environmental effects report; and
(b) A summary of the environmental effects report.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.01 - Definitions and General Provisions › Section 17.04.01.01 - 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) "Appointment" means filling a position with a qualified candidate and does not include a reassignment.
(2) "Career Reinvestment Program" means the program created by the Office of Personnel Services and Benefits to facilitate the movement of laid-off or separated employees and employees with disabilities into other skill areas.
(3) "Compensatory time", depending on the context in which it is used, means one of the following:
(a) Paid time off from work which is earned by an executive, administrative, or professional employee in accordance with State Personnel and Pensions Article, §
											8-309, Annotated Code of Maryland, COMAR 17.04.11.02D(1), and guidelines of the Secretary;
(b) Time earned by an employee for working on a holiday or for the purpose of attending a religious observance in accordance with State Personnel and Pensions Article, 9-203, 9-802, and 9-803, Annotated Code of Maryland, and guidelines of the Secretary; or
(c) Paid time off the job which is earned by an employee instead of monetary payment for overtime worked in accordance with State Personnel and Pensions Article, §
											8-307, Annotated Code of Maryland, and guidelines of the Secretary.
(4) "Demotion" means a change from one class to another class with a lower maximum rate of compensation.
(5) "Principal unit" means a principal department or other principal independent unit of State government.
(6) "Promotion" means a change from one class to another class with a higher maximum rate of compensation.
(7) "Promotional candidate" means an employee in a nontemporary position in the skilled or professional services who is not a special appointment.
(8) "Secretary" means, except as otherwise provided by law, the Secretary of Budget and Management or the Secretary's designee.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.01 - Definitions and General Provisions › Section 17.04.01.02 - Construction

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of this subtitle is to implement the provisions of the State Personnel and Pensions Article which require that regulations be adopted. The regulations in this subtitle do not generally repeal statutory provisions when to do so would be unnecessary. In addition, the Department shall promulgate policy through guidelines, policies, and directives in areas of internal management.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.01 - Definitions and General Provisions › Section 17.04.01.03 - Powers of Secretary

Current through Register Vol. 51, No. 14, July 12, 2024
The Secretary, with the concurrence of the head of a principal unit, may, for documented reasons satisfactory to the Secretary, authorize in writing an exception to the regulations of this subtitle, when it is in the interest of the State service, if:
A. The exception does not conflict with provisions of the State Personnel and Pensions Article, Annotated Code of Maryland, or applicable federal and State law; and
B. In the written determination of the Secretary, the application of the regulation in a specific case or in an emergency situation would be inequitable or detrimental to the best interest of the affected employee or employees of State service.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.01 - Definitions and General Provisions › Section 17.04.01.04 - Management Rights

Current through Register Vol. 51, No. 14, July 12, 2024
A. An appointing authority, head of a principal unit, and management shall have exclusively reserved to them the following general prerogatives, to be exercised consistent with the provisions of the State Personnel and Pensions Article, Annotated Code of Maryland, and any personnel policies issued pursuant to it, to:
(1) Appoint, promote, transfer, reassign, discipline, and terminate employees under the appointing authority's jurisdiction;
(2) Direct and assign work;
(3) Determine and redetermine, within the scope of budgetary limitations, the methods, means, personnel, and funding necessary to maintain efficient and effective government operations and properly effectuate the mission and objectives of the appointing authority's agency;
(4) Assign each nontemporary employee to a position within a class and service that has been designated by the Secretary; and
(5) Delegate in writing the authority to act on the appointing authority's behalf to any other employee or officer under the appointing authority's jurisdiction.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.01 - Definitions and General Provisions › Section 17.04.01.05 - General Exclusions

Current through Register Vol. 51, No. 14, July 12, 2024
This subtitle does not contravene any existing applicable statute.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.02 - Position Classifications and Compensation › Section 17.04.02.01 - Classification of Positions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The classification of positions is governed by State Personnel and Pensions Article, Title 4, Subtitle 2, Annotated Code of Maryland.
B. A grievance involving a position reclassification is governed by State Personnel and Pensions Article, 7-102(e), 12-101(b)(2), and 12-205, Annotated Code of Maryland, and COMAR 17.04.06.05D.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.02 - Position Classifications and Compensation › Section 17.04.02.02 - Documentation of the Assignment of Higher Level Duties

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definitions.
(1) In this regulation, the following terms have the meanings indicated.
(2) Terms Defined.
(a) "Documentation" means a written instrument signed by the supervisor and approved by the appointing authority making the assignment of additional duties and evidencing the justification for assigning additional duties under §B of this regulation, or evidencing the basis for reclassification of a filled position and for promoting a particular qualified candidate in the position.
(b) "Noncompetitive promotion classification series" means a grouping of classifications through which an employee with satisfactory performance progresses from entry to full performance levels.
(c) "Organizational unit" minimally means a group of employees within a given work setting who are rated for performance by the same supervisor.
(d) "Qualified candidate" means a nontemporary skilled or professional service employee who meets all requirements of the classification specification or classification description and any selective qualifications of the position.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.02 - Position Classifications and Compensation › Section 17.04.02.03 - Rates of Compensation-Generally

Current through Register Vol. 51, No. 14, July 12, 2024
The State shall compensate an employee in accordance with the pay plans, regulations, and guidelines promulgated by the Secretary unless otherwise specified by law.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.02 - Position Classifications and Compensation › Section 17.04.02.04 - Shift Differential

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definitions.
(1) In this regulation, the following term has the meaning indicated.
(2) "Sworn police officer" means a law enforcement officer who:
(a) In an official capacity, is authorized by law to make arrests; and
(b) Is within the Secretary's salary setting authority.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.02 - Position Classifications and Compensation › Section 17.04.02.05 - Other Differentials

Current through Register Vol. 51, No. 14, July 12, 2024
A. Differentials Paid for Weekend Shifts.
(1) In addition to shift differentials and any other differential paid, the State shall pay a differential of $2 per hour to registered nurses through Salary Grade 19 who work weekend shifts in State institutions, except Clifton T. Perkins Hospital Center.
(2) In addition to shift differentials and any other differential paid, the State shall pay a differential of $2 per hour to nurses through Salary Grade 20 in the Clifton T. Perkins registered nurse classification series who work weekend shifts.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.02 - Position Classifications and Compensation › Section 17.04.02.06 - Acting Capacity Pay

Current through Register Vol. 51, No. 14, July 12, 2024
A. An employee designated by an appointing authority to perform on a temporary basis all the duties of a position in a classification that has a rate of pay which is higher than that of the employee's classification shall be paid additional compensation, known as acting capacity pay, in accordance with guidelines adopted by the Office of Personnel Services and Benefits and §C of this regulation. The amount of the acting capacity pay shall be the amount which the employee would be paid if permanently promoted to the higher classification unless otherwise provided by law.
B. Guidelines. The Office of Personnel Services and Benefits shall adopt guidelines to insure that acting capacity pay designations are done equitably and without abuse.
C. Employees Designated for Acting Capacity Pay.
(1) An appointing authority may designate an employee to perform temporary duties in a classification for which the rate of pay is higher than that of the employee's classification for any of the following reasons:
(a) The temporary absence of an incumbent;
(b) A vacancy exists for which recruitment is underway; or
(c) Unusual circumstances which necessitate assignment of duties at a level higher than that of the employee's classification.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.02 - Position Classifications and Compensation › Section 17.04.02.07 - Effective Date of Position Reclassification and Acting Capacity Pay Designations

Current through Register Vol. 51, No. 14, July 12, 2024
A. The effective date of a position reclassification or acting capacity pay designation shall be the date on which the duties and responsibilities warranting the reclassification or acting capacity pay designation are assigned to the position, but the effective date may not be earlier than 1 year before the date on which the reclassification or acting capacity pay designation is authorized or within 1 year of the date when the employee's grievance concerning reclassification or acting capacity pay designation was filed.
B. Back pay awarded as the result of a reclassification or acting capacity pay designation grievance shall be in accordance with State Personnel and Pensions Article, §
									12-402, Annotated Code of Maryland.
C. A position reclassification or acting capacity pay designation which is the result of the adoption by the Secretary of a new or revised classification title or new or revised standards shall be effective on the date determined by the Secretary.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.02 - Position Classifications and Compensation › Section 17.04.02.08 - Overtime Pay; Exceptions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Overtime pay is governed by State Personnel and Pensions Article, Title 8, Subtitle 3, Annotated Code of Maryland, and, to the extent applicable, by the federal Fair Labor Standards Act (FLSA).
B. Employees to Receive Overtime Payments.
(1) The Secretary shall determine the classifications for which overtime payments are mandatory and shall inform appointing authorities of that determination.
(2) Monetary overtime payments may not be made to executive, administrative, or professional employees except in instances of a bona fide emergency directly affecting public safety as determined by the appointing authority and approved by the Secretary. For the purpose of overtime, the Fair Labor Standards Act, to the extent applicable, defines an executive, administrative, or professional employee.
(3) In bona fide emergency circumstances, the Secretary shall specify the time period during which cash overtime payments are authorized, the payment rate, and such other limitations or requirements as the Secretary deems necessary.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.02 - Position Classifications and Compensation › Section 17.04.02.09 - Standard Salary Plan Actions

Current through Register Vol. 51, No. 14, July 12, 2024
A. This regulation applies to all employees of the State Personnel Management System in classifications compensated in accordance with the Standard Salary Plan which are under the salary authority of the Secretary.
B. Establishing a rate of pay for a new classification or amending the rate of pay for an existing classification is governed by State Personnel and Pensions Article, §
									4-201 and Title 8, Subtitle 1, Annotated Code of Maryland.
C. The Secretary shall publish guidelines and policies for individual position actions, including but not limited to:
(1) Salary for part-time employment;
(2) Salary upon initial appointment;
(3) Salary upon reemployment or reinstatement;
(4) Determination of increments or merit increases;
(5) Salary upon transfer or reassignment;
(6) Salary upon promotion or demotion; and
(7) Processing sequence for simultaneous transactions which affect salary.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.02 - Position Classifications and Compensation › Section 17.04.02.10 - Bilingual Pay

Current through Register Vol. 51, No. 14, July 12, 2024
A. An employee may be designated by an appointing authority to provide translation services when the appointing authority determines that these services are necessary to conduct the business of the unit.
B. Unless bilingual skill is in the classification specification, an appointing authority may not require an employee to use bilingual skills to serve as a translator unless the employee is paid a minimum bilingual bonus or hourly equivalent of $25 per month.
C. This regulation shall apply as of July 1, 1998.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.02 - Position Classifications and Compensation › Section 17.04.02.11 - Lead Worker Pay

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as provided in §C of this regulation:
(1) An appointing authority may not require an employee to assume lead worker duties unless the employee is paid additional compensation; and
(2) An employee may refuse to perform lead worker duties without penalty if additional compensation is not offered by the appointing authority.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.02 - Position Classifications and Compensation › Section 17.04.02.12 - Call-Back Pay

Current through Register Vol. 51, No. 14, July 12, 2024
A. An employee who is called to report to work on the employee's regular day off or who has been recalled to work after having left the employer's premises, shall be guaranteed the greater of a minimum of 1 hour of pay plus travel time at the:
(1) Regular rate of pay; or
(2) Applicable overtime rate.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.02 - Position Classifications and Compensation › Section 17.04.02.13 - Report Pay

Current through Register Vol. 51, No. 14, July 12, 2024
A. An employee who is prescheduled to work an overtime shift in a 24-hour facility and reports to duty shall be guaranteed 3 hours overtime pay at the appropriate rate unless the employee is a holdover from a previous shift.
B. This regulation shall apply as of July 1, 1998.
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 17.04.03.01 - General

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) "Streamlined selection" means a selection made in accordance with State Personnel and Pensions Article, §
										7-201(a)(2), Annotated Code of Maryland, and Regulations .02 and .03 of this chapter.
(2) "Structured selection" means a selection made from a list or registry of eligible candidates in accordance with State Personnel and Pensions Article, Title 7, Subtitle 2, Annotated Code of Maryland, and Regulations .02 and .03-1-.18 of this chapter.
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 17.04.03.02 - Preliminary Qualifications for Examinations

Current through Register Vol. 51, No. 14, July 12, 2024
A. The minimum qualifications, as amended periodically, prescribed in classification specifications and in position selection plans are adopted as part of guidelines adopted by the Secretary.
B. An applicant shall furnish proof of minimum education and experience qualifications including licensure or other certifications required by law.
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 17.04.03.03 - Streamlined Selection

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Executive Director of the Office of Personnel Services and Benefits shall determine classifications and/or positions approved for streamlined selection in accordance with State Personnel and Pensions Article §
									7-201(a)(2), Annotated Code of Maryland.
B. If the appointing authority notifies the Department that a recruitment must occur in a timely manner, streamlined selection may be used for classifications or positions, or both:
(1) With documented recruitment difficulties;
(2) With special technical, educational, experience, licensure, or certification requirements; or
(3) With other selective merit-based qualifications that limit the size of the potential applicant pool.
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 17.04.03.03-1 - Filing Applications

Current through Register Vol. 51, No. 14, July 12, 2024
Other than a special appointment position or a position covered by State Personnel and Pensions Article, §
									7-201(a)(2), Annotated Code of Maryland, an individual wishing to compete for appointment to a position in the skilled or professional service shall file an application in the manner required by the Secretary. The application shall be sent to the location specified in the position selection plan and job announcement. An application received or postmarked after the posted closing date may not be accepted.
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 17.04.03.03-2 - Rejection of Applications

Current through Register Vol. 51, No. 14, July 12, 2024
A. An application may be rejected for cause before the date of establishment of the eligible list for the class or the position for which it is filed. The following are sufficient cause for rejecting an application though rejection may be for other causes permitted by law:
(1) The applicant does not meet the minimum qualifications of the position or classification;
(2) The applicant does not meet selective qualifications or limitations, or both, on selection as applicable; or
(3) In the case of a promotional examination, the applicant is a temporary employee or a special appointment.
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 17.04.03.03-3 - Parts of Examinations

Current through Register Vol. 51, No. 14, July 12, 2024
Examinations shall only evaluate job-related knowledge, skills, and abilities.
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 17.04.03.04 - Possession of Minimum Qualifications for Examinations

Current through Register Vol. 51, No. 14, July 12, 2024
A. Open and promotional competitors who will possess the minimum education, license, or certificate qualifications within 6 months after the examination date may participate in the examination if the duration of the list exceeds 6 months. These competitors are not eligible for selection until they meet the education, license, or certificate qualifications.
B. Promotional employees who will possess the minimum experience qualifications within 6 months after the examination date may participate in the examination if the duration of the list exceeds 6 months. These promotional employees are not eligible for selection until they meet the experience qualifications.
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 17.04.03.05 - Conduct of Examinations

Current through Register Vol. 51, No. 14, July 12, 2024
A. An examination shall be conducted as provided in State Personnel and Pensions Article, Title 7, Annotated Code of Maryland.
B. A report shall be prepared detailing the conduct of the examination and the results as required by the Secretary.
C. The integrity of the examination and the confidentiality of the examination materials and results shall be maintained. If an audit reveals breaches in security or other irregularities, appropriate remedial action may be ordered by the Secretary.
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 17.04.03.06 - Veterans, Seniority, and Resident Points

Current through Register Vol. 51, No. 14, July 12, 2024
Veterans, promotional candidates, and State residents are entitled to additional points as provided in State Personnel and Pensions Article, §
									7-207, 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 17.04.03.07 - Revision of Lists of Eligibles

Current through Register Vol. 51, No. 14, July 12, 2024
A list of eligibles may not be revised without written approval by the Executive Director of the Office of Personnel Services and Benefits. The Office of Personnel Services and Benefits shall be notified whenever an error is committed in computing examination scores. A qualified individual whose name has previously been certified from the list and employed may not be displaced because of the correction of clerical errors.
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 17.04.03.08 - Removal of Names from Eligible List

Current through Register Vol. 51, No. 14, July 12, 2024
A. The name of an individual may be deleted from an eligible list in accordance with State Personnel and Pensions Article, §
									7-206, Annotated Code of Maryland.
B. An individual whose name is to be deleted from an eligible list in accordance with §A of this regulation shall be notified and shall be given the opportunity to respond as stated in State Personnel and Pensions Article, §
									7-210, 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 17.04.03.09 - Duration, Extension, Combination, and Cancellation of Lists of Eligibles

Current through Register Vol. 51, No. 14, July 12, 2024
A. A list of eligibles shall continue in force for the time period specified in the position selection plan. A list may be extended.
B. When a list of eligibles for a class exists and the same examination for the class is given again, the names of the qualified successful competitors shall be placed on the list. Each competitor shall appear on the list only once with the competitor's most recent result.
C. Lists resulting from examinations with different content shall be maintained separately.
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 17.04.03.10 - Selection and Appointment of Eligibles and Notification to Secretary

Current through Register Vol. 51, No. 14, July 12, 2024
A. The appointing authority shall select, as provided in State Personnel and Pensions Article, §
									7-209, Annotated Code of Maryland, the individual or individuals to be appointed from a list of eligible candidates.
B. Promotion.
(1) An appointing authority may fill a vacancy by selection of promotional candidates from any certified list of eligible candidates in accordance with State Personnel and Pensions Article, Title 7, Subtitle 2, Annotated Code of Maryland.
(2) An appointing authority may select from:
(a) Employees of the appointing authority;
(b) Other employees within the same principal department as the appointing authority; or
(c) All other employees certified as promotional.
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 17.04.03.11 - Overlap Appointments

Current through Register Vol. 51, No. 14, July 12, 2024
A. Two nontemporary employees may occupy the same budgeted position for a transitional period not to exceed 6 months time for reasons relevant to the efficient and effective operation of a department or an agency. This situation is known as an overlap appointment.
B. The appointing authority shall immediately report to the Secretary each overlap appointment including start and ending date in the manner required by the Secretary.
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 17.04.03.12 - Temporary, Noncontractual Appointment

Current through Register Vol. 51, No. 14, July 12, 2024
A. An appointing authority may appoint any qualified individual as a temporary, noncontractual employee for reasons relevant to the efficient and effective operation of a department.
B. The appointing authority shall immediately report to the Secretary a temporary, noncontractual appointment in the manner required by the Secretary.
C. A temporary, noncontractual appointment may not continue for more than 6 months and may not be renewed.
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 17.04.03.13 - Contractual Employment

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definitions. In this regulation, the following terms have the meanings indicated:
(1) "Contract" means a personal service agreement between the State and an individual.
(2) "Contractual employee" means an individual providing personal services to the State for remuneration if all of the following conditions exist:
(a) The services and remuneration are specified in a written agreement;
(b) There is an employer-employee relationship;
(c) The individual is not employed in a budgeted position, unless approved as secondary employment; and
(d) Except as provided by law, fringe benefits are not provided.
(3) "Employer-employee relationship" means that all of the following conditions of employment exist:
(a) The State has the right to control and direct the performance of services not only as to results but also as to details and means;
(b) The State has the right to discharge the employee; and
(c) The State furnishes necessary tools and a place to work.