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<section article="gsp" article_name="State Personnel and Pensions" number="12-402" title_number="12" title_name="Grievance Procedures in State Personnel Management System" subtitle_number="4">
  <level label="a">
    <text>Except as provided in subsection (b) of this section, the remedies available to a grievant under this title are limited to the restoration of the rights, pay, status, or benefits that the grievant otherwise would have had if the contested policy, procedure, or regulation had been applied appropriately as determined by the final decision maker.</text>
  </level>
  <level label="b">
    <level label="1">
      <text>A decision maker at Step Two or Step Three of the grievance procedure:</text>
      <level label="i">
        <text>may order an appointing authority to grant back pay; and</text>
      </level>
      <level label="ii">
        <text>on a finding that wages were withheld in violation of §§ 2–402 and 2–407 of this article, shall order the payment of damages in accordance with § 2–407(c) of this article.</text>
      </level>
    </level>
    <level label="2">
      <level label="i">
        <text>In a reclassification grievance back pay may be awarded for a period not exceeding 1 year before the grievance procedure was initiated.</text>
      </level>
      <level label="ii">
        <text>A back pay order under this paragraph is in the discretion of the Secretary and the Office of Administrative Hearings.</text>
      </level>
    </level>
    <level label="3">
      <text>Subject to the limitations in Title 14, Subtitle 2 of this article, an appointing authority shall carry out a back pay order or damages order issued under this subsection.</text>
    </level>
  </level>
</section>
