Title 11. Disciplinary Actions, Layoffs, and Employment Terminations in State Personnel Management System — Subtitle 1. Disciplinary Actions

terminate the employee’s employment, without prejudice; or

if the appointing authority finds that the employee’s actions are egregious to the extent that the employee does not merit employment in any capacity with the State, terminate the employee’s employment, with prejudice.

seriously injures another person;

causes substantial damage to property; or

seriously threatens the safety of the workplace;

violation of the Fair Election Practices Act; or

using, threatening, or attempting to use political influence or the influence of any State employee or officer in securing promotion, transfer, leave of absence, or increased pay;

investigate the alleged misconduct;

meet with the employee;

consider any mitigating circumstances;

determine the appropriate disciplinary action, if any, to be imposed; and

give the employee a written notice of the disciplinary action to be taken and the employee’s appeal rights.

An appointing authority may suspend an employee without pay no later than 5 workdays following the close of the employee's next shift after the appointing authority acquires knowledge of the misconduct for which the suspension is imposed.

Saturdays, Sundays, legal holidays, and employee leave days are excluded in calculating the 5-workday period under this subsection.

Issuing a counseling memorandum is an instructional communication and is not a disciplinary action within the meaning of this subtitle.

Within 5 days after receiving a counseling memorandum, an employee may submit to the employee's appointing authority a written response to the memorandum. The response shall be placed in the employee's file and attached to any record of the memorandum.

An employee may not take any other action in response to a counseling memorandum.

Placing an employee on leave without pay when the employee is absent without approval is not a disciplinary action within the meaning of this subtitle.

An employee who is placed on leave without pay for an unapproved absence also may be subject to disciplinary action for the unapproved absence.

Requiring an employee to make restitution to the State for loss or damage to State property due to the employee's negligence is not a disciplinary action within the meaning of this subtitle.

An appointing authority may not require an employee to pay restitution exceeding 3% of the employee's annual base pay.

An employee who is ordered to make restitution under this subsection also may be subject to civil prosecution or criminal prosecution for wanton destruction of property under the State law.

holding in abeyance of a disciplinary action for a period not to exceed 18 months in order to permit an employee to improve conduct or performance; or

imposition of a lesser disciplinary action as a final and binding action, not subject to any further review.

If an employee fails to appeal a decision in accordance with this subtitle, the employee is considered to have accepted the decision.

A failure to decide an appeal in accordance with this subtitle is considered a denial from which an appeal may be made.

Except as provided in paragraph (2) of this subsection, this section applies only to employees in the skilled service or the professional service.

This section does not apply to an employee under a special appointment described in § 6-405 of this article.

Except as provided in paragraph (3) of this subsection, an employee in the skilled service or the professional service may appeal a disciplinary action taken while the employee is on probation only on the basis that the action was illegal or unconstitutional.

The employee has the burden of proof in an appeal under this subsection.

The limitations in paragraphs (1) and (2) of this subsection do not apply to an employee in the skilled service or the professional service who is on probation following a promotion or reinstatement.

An employee or an employee’s representative may file with the head of the principal unit a written appeal of a disciplinary action that states, to the extent possible, the issues of fact and law that the employee believes would warrant rescinding the disciplinary action.

An appeal under this subtitle must be filed within 15 days after the employee receives notice of the appointing authority’s action.

The head of the principal unit may:

Within 15 days after receiving an appeal, the head of the principal unit shall issue to the employee a written decision that addresses each point raised in the appeal.

Within 10 days after receiving a decision under § 11–109 of this subtitle, an employee or an employee’s representative may appeal the decision in writing to the Secretary.

An appeal shall state, to the extent possible, the issues of fact and law that are the basis for the appeal.

advise the employee in writing of the Secretary’s action.

Within 30 days after receiving the appeal, the Office of Administrative Hearings shall schedule a hearing and notify the parties of the hearing date.

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.

Except as otherwise provided by this subtitle, the Office of Administrative Hearings may:

Within 45 days after the close of the hearing record, the Office of Administrative Hearings shall issue to the parties a written decision.

The decision of the Office of Administrative Hearings is the final administrative decision.

The principal unit that employs the employee shall pay all costs related to the appeal that are incurred by the Office of Administrative Hearings.

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.

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.

Within the time required by regulation, the peer review panel shall issue to the parties a written decision.

The decision of the peer review panel is the final administrative decision.

If a written decision issued under subsection (c) 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.

If a written decision issued under subsection (c) 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.

in the management service;

in executive service; or

under a special appointment described in § 6–405 of this article.

An employee or an employee’s representative may file a written appeal of a disciplinary action with the head of the principal unit.

An appeal:

The employee has the burden of proof in an appeal under this section.

The head of the principal unit may:

Within 15 days after receiving an appeal, the head of the principal unit shall issue the employee a written decision.

The decision of the head of the principal unit is the final administrative decision.