§ 5-213
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/md/state-personnel-and-pensions/5-213·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§5–213.
(a)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)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.
(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)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)The decision of the Secretary or designee is final.