Maryland Code, STATE PERSONNEL AND PENSIONS 11-110
Terms Used In Maryland Code, STATE PERSONNEL AND PENSIONS 11-110
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See - Uphold: The decision of an appellate court not to reverse a lower court decision.
(2) An appeal shall state, to the extent possible, the issues of fact and law that are the basis for the appeal.
(b) Within 30 days after receiving an appeal, the Secretary or designee shall:
(1) (i) mediate a settlement between the employee and the unit; or
(ii) refer the appeal to the Office of Administrative Hearings; and
(2) advise the employee in writing of the Secretary’s action.
(c) (1) Within 30 days after receiving the appeal, the Office of Administrative Hearings shall schedule a hearing and notify the parties of the hearing date.
(2) The Office of Administrative Hearings shall dispose of the appeal or conduct a hearing on each appeal in accordance with Title 10, Subtitle 2 of the State Government Article. The Office is bound by any regulation, declaratory ruling, prior adjudication, or other settled, preexisting policy, to the same extent as the Department is or would have been bound if it were hearing the case.
(d) (1) Except as otherwise provided by this subtitle, the Office of Administrative Hearings may:
(i) uphold the disciplinary action;
(ii) rescind or modify the disciplinary action taken and restore to the employee any lost time, compensation, status, or benefits; or
(iii) order:
1. reinstatement to the position that the employee held at dismissal;
2. full back pay and benefits; or
3. both 1 and 2.
(2) Within 45 days after the close of the hearing record, the Office of Administrative Hearings shall issue to the parties a written decision.
(3) The decision of the Office of Administrative Hearings is the final administrative decision.
(4) The principal unit that employs the employee shall pay all costs related to the appeal that are incurred by the Office of Administrative Hearings.
(e) (1) If a written decision issued under subsection (d) of this section is not appealed in accordance with § 10-222 of the State Government Article, within 45 days after issuance of a decision to rescind a disciplinary action, the disciplinary action shall be expunged from the employee’s personnel records.
(2) If a written decision issued under subsection (d) of this section is appealed in accordance with § 10-222 of the State Government Article, within 45 days after the issuance of a final decision on appeal to rescind a disciplinary action, the disciplinary action shall be expunged from the employee’s personnel records.