Section 5-213 - Appeals. - Maryland Statutes

§ 5-213. Appeals.
 

(a)  Time for filing.- Within 10 days after receiving a decision under § 5-212 of this subtitle, a complainant may appeal the decision in writing to the Secretary. 

(b)  Duties of Coordinator and Secretary.- Within 30 days after an appeal is received: 

(1) the Coordinator: 

(i) shall review the complaint and the decision being appealed; 

(ii) may conduct any necessary investigation; and 

(iii) shall recommend to the Secretary or designee a finding of whether a violation of this subtitle has occurred; and 

(2) the Secretary or designee shall: 

(i) take the action described in subsection (c)(1) or (c)(2) of this section; and 

(ii) issue to the parties a written decision that includes notice of any remedial action taken. 

(c)  Disposition by Secretary.-  

(1) If the Secretary or designee determines that a violation has not occurred, the Secretary or designee shall dismiss the complaint. 

(2) If the Secretary or designee determines that a violation has occurred, the Secretary or designee shall take appropriate remedial action. 

(d)  Permissible remedial actions.- As remedial action for a violation of § 5-208 of this subtitle, the Secretary or designee may: 

(1) order the removal of detrimental information from the complainant's State personnel records; 

(2) require the head of the principal unit to: 

(i) hire, promote, or reinstate the complainant or end the complainant's suspension from employment; 

(ii) award the complainant back pay up to the day of the violation; 

(iii) grant the complainant leave or seniority; 

(iv) take appropriate disciplinary action against any individual who caused the violation; or 

(v) take any other remedial action that the Secretary or designee considers appropriate. 

(e)  Finality.- The decision of the Secretary or designee is final. 
 

[1996, ch. 347, § 1.]