§ 5-309
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/md/state-personnel-and-pensions/5-309·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§5–309.
(1)An employee subject to this subtitle may file with the Secretary a complaint that alleges a violation of § 5-305 of this subtitle.
(2)A complaint under this subtitle must be filed within 6 months after the complainant first knew of or reasonably should have known of the violation.
(b)When a complaint is received, the Secretary or designee promptly shall:
(1)send a copy of the complaint to the head of the principal unit named in the complaint; and
(2)advise the head of the principal unit to respond in writing to the complaint within 20 days after receiving the copy.
(c)Within 60 days after a complaint is received:
(1)the complaint shall be investigated to determine whether a violation of § 5-305 of this subtitle has occurred:
(i)by the Secretary or designee of the Secretary; or
(ii)if the Department is charged in the complaint, by a designee of the Governor; and
(2)the Secretary or designee or the Governor's designee shall:
(i)take the action described in subsection (d)(1) or
(2)of this section; and
(ii)issue to the complainant and head of the principal unit a written decision that includes any remedial action taken.
(1)If the Secretary or designee or the Governor's designee determines that a violation has not occurred, the Secretary or Governor's designee shall dismiss the complaint.
(2)If the Secretary or designee or the Governor's designee determines that a violation has occurred, the Secretary or designee shall take appropriate remedial action.
(e)As a remedial action for a violation of § 5-305 of this subtitle, the Secretary or designee may:
(1)order the removal of any related 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 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; and
(v)take any other remedial action consistent with the purposes of this subtitle.