# State Personnel and Pensions (GSP)

## Title 12. Grievance Procedures in State Personnel Management System

### Subtitle 2. Grievance Procedure

#### Section 12-201

(a)

  (1) Except as provided in paragraph (2) of this subsection, the three steps available to a grievant in the grievance procedure are:

    (i) Step One: the initiation of a grievance procedure;

    (ii) Step Two: an appeal to the head of the principal unit; and

    (iii) Step Three: an appeal to the Secretary.

  (2) If a grievance is based on a performance rating of satisfactory or better:

    (i) the grievant may appeal the grievance only at Steps One and Two of the grievance procedure; and

    (ii) a decision at Step Two of the grievance procedure is final.

(b)

  (1) When a grievant's appointing authority is also the head of the principal unit, the grievant shall appeal the Step One decision directly to Step Three of the grievance procedure.

  (2) If the basis of a grievance is an action taken by the principal unit or by the Department, the parties may agree to proceed to Step Two or Step Three of the grievance procedure as appropriate.

#### Section 12-202

Before initiating a grievance procedure, an employee shall present the matter orally to the employee's supervisor for informal discussion.

#### Section 12-203

(a) A grievant may initiate a grievance proceeding by filing a written grievance with the grievant's appointing authority. The grievant shall provide a copy of the grievance to the grievant's supervisor when the grievance is filed.

(b) A grievance procedure must be initiated by an employee within 20 days after:

  (1) the occurrence of the alleged act that is the basis of the grievance; or

  (2) the employee first knew of or reasonably should have known of the alleged act that is the basis of the grievance.

(c) Within 10 days after receiving a grievance, the appointing authority shall hold a conference with the grievant and they shall attempt to resolve the grievance.

(d) Within 10 days after the conference, the appointing authority shall issue a written decision to the grievant and may grant any appropriate remedy under Sec. 12-402(a) of this title.

#### Section 12-204

(a)

  (1) Within 10 days after receiving a decision under Sec. 12-203 of this subtitle, a grievant or a grievant's representative may appeal the decision in writing to the head of the grievant's principal unit or designee.

  (2) An appeal shall include a copy of the decision being appealed.

(b) Within 10 days after receiving an appeal, the head of the principal unit or designee shall:

  (1) review the grievance record; and

  (2) confer with the grievant and they shall attempt to resolve the grievance.

(c) Within 10 days after the conference, the head of the principal unit or designee shall issue a written decision to the grievant and may grant any appropriate remedy under Sec. 12-402(a) of this title.

#### Section 12-205

(a)

  (1) Within 10 days after receiving a decision under Sec. 12-204 of this subtitle, a grievant or a grievant's representative may appeal the decision in writing to the Secretary.

  (2) An appeal shall include a copy of the decision being appealed and any prior decisions.

(b)

  (1) Within 30 days after an appeal is received, the Secretary or designee shall:

    (i) review the grievance record;

    (ii) if the grievance is based on a position reclassification, order an audit of the position if it has not been audited within the last year; and

    (iii) take the action described in paragraph (2) of this subsection and give the parties written notice of that action.

  (2)

    (i) If the Secretary or designee does not concur with the decision of the unit, the Secretary or designee shall attempt to resolve the grievance with a settlement that is binding on all parties.

    (ii) The Secretary or designee shall determine whether the principal unit that employs the grievant will accept a settlement.

    (iii) If the grievance is not settled, the Secretary or designee shall refer the grievance to the Office of Administrative Hearings.

(c)

  (1)

    (i) The Office of Administrative Hearings shall dispose of the grievance or conduct a hearing on each grievance received from the Secretary in accordance with Title 10, Subtitle 2 of the State Government Article.

    (ii) 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.

    (iii) The employee has the burden of proof by a preponderance of the evidence.

  (2)

    (i) Within 45 days after the close of the hearing record, the Office of Administrative Hearings shall issue a written decision to the parties and may grant any appropriate remedy under Sec. 12-402 of this title.

    (ii) The decision of the Office of Administrative Hearings is the final administrative decision.

  (3) Any costs the Office of Administrative Hearings incurs for the appeal of a grievance to the Office of Administrative Hearings shall be paid by the principal unit that employs the grievant.

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Md. Code Ann., State Pers. & Pens. (as displayed at mgaleg.maryland.gov, October 16, 2026)