Section 14-205 - Removal of nonprobationary employee. - Maryland Statutes

§ 14-205. Removal of nonprobationary employee.
 

(a)  Grounds.- A vice president or program director may remove a classified employee who has completed probation only for cause. 

(b)  What constitutes cause.-  

(1) Subject to paragraph (2) of this subsection, the Board of Regents shall prescribe what may constitute cause for removal after probation of classified employees. 

(2) (i) The causes for removal shall conform to the causes for removal of skilled service or professional service employees, with the exception of special appointments, that the Secretary of Budget and Management adopts by regulation. 

(ii) A classified employee may not be removed for any cause prohibited by § 2-302 of the State Personnel and Pensions Article. 

(c)  Removal procedure.- A vice president or program director may remove a classified employee for cause only if: 

(1) Written charges for removal are submitted to the President: 

(i) By the vice president or program director; or 

(ii) Subject to the approval of the President, by any resident of the State; 

(2) The employee is given a copy of the charges; and 

(3) The employee is given an opportunity to be heard on appeal. 

(d)  Appeal.-  

(1) A classified employee may appeal the charges for removal to the President within the time and in the manner specified in policies adopted by the Board of Regents. 

(2) If the classified employee fails to appeal within the time and in the manner required, the removal is final. 

(e)  Hearings.-  

(1) If a classified employee appeals the charges for removal, the President shall hold a hearing to determine whether there is cause for removal. 

(2) The hearing shall be held within 90 days after the charges for removal are submitted to the President. 

(f)  Findings and final decision.-  

(1) The President shall make findings and issue a proposed written decision for approval by the Secretary of Budget and Management on a charge for removal within 45 days after the later of: 

(i) The conclusion of the hearing; or 

(ii) The day when all briefs or memoranda have been submitted. 

(2) The Secretary of Budget and Management shall provide a copy of the findings and decision to each party. 

(3) The decision of the Secretary of Budget and Management is final. 

(g)  Enforcement of final decisions.- The University immediately shall enforce a final decision issued under this section. 
 

[1994, ch. 485; 1996, ch. 10, § 16; ch. 347, § 15; ch. 349, § 13; 1997, ch. 743.]