Title 13. Contractual Employment and Service Contracts in Executive Branch — Subtitle 2. Contractual Employees Generally
Statutes in effect as of October 1, 2026.
Md. Code Ann., State Pers. & Pens. § 13-201 (2026)
Title 13. Contractual Employment and Service Contracts in Executive Branch
Subtitle 2. Contractual Employees Generally
§ 13–201LinkCopy Citation
(a)
This subtitle applies to all units in the Executive Branch of State government, except a unit with an independent personnel system.
(b)
The Secretary may exempt specific types of contractual employees from the certification and other requirements of this subtitle.
Md. Code Ann., State Pers. & Pens. § 13-202 (2026)
Title 13. Contractual Employment and Service Contracts in Executive Branch
Subtitle 2. Contractual Employees Generally
§ 13–202LinkCopy Citation
(a)
Except as otherwise authorized under § 13-201(b) of this subtitle, a unit may not execute or renew a contract for the employment of a contractual employee unless the Secretary issues to the unit a certification that:
(1)
the employment of the contractual employee is for services that cannot be performed by assignment or hiring of any nontemporary employee;
(2)
the rate of pay for the contractual employee is comparable to the rate paid to employees in positions that involve comparable duties, responsibilities, experience, and authority; and
(3)
the services to be performed under the contract encompass functions that:
(i)
are infrequent;
(ii)
are needed for a limited time;
(iii)
are unusual; or
(iv)
need to be implemented quickly and for which there is no reasonable alternative.
(b)
The Secretary may issue a certification for any effective period that does not exceed the period of the contract between the unit and the contractual employee.
Md. Code Ann., State Pers. & Pens. § 13-203 (2026)
Title 13. Contractual Employment and Service Contracts in Executive Branch
Subtitle 2. Contractual Employees Generally
§ 13–203LinkCopy Citation
(a)
The Secretary shall adopt guidelines for the recruitment and selection of contractual employees.
(b)
These guidelines shall require a contracting unit:
(1)
to make a reasonable effort to publicly solicit applicants for contractual employment;
(2)
to make a reasonable effort to screen and select contractual employees by using methods and criteria that are uniformly applied to all applicants for a particular instance of contractual employment; and
(3)
to use criteria to select contractual employees that:
(i)
are based on the qualifications of the applicant; and
(ii)
conform to subsection (c) of this section.
(c)
(1)
All personnel actions concerning a contractual employee shall be made in accordance with § 2-302 of this article.
(2)
An action may be taken with regard to age, sex, or disability to the extent that age, sex, or disability involves a bona fide occupational qualification.
(d)
To the extent feasible, a unit shall conduct the recruitment and selection of contractual employees according to the guidelines adopted under this section.
Md. Code Ann., State Pers. & Pens. § 13-204 (2026)
Title 13. Contractual Employment and Service Contracts in Executive Branch
Subtitle 2. Contractual Employees Generally
§ 13–204LinkCopy Citation
Except as authorized under § 13-303 of this title, the Secretary may not continue certification for any contractual employee if the Secretary determines that the services performed under the contract:
(1)
encompass permanent functions;
(2)
have no specific expiration date; and
(3)
regularly are performed on a basis that is at least equal to 50% of the work responsibility of a full-time permanent employee.
Md. Code Ann., State Pers. & Pens. § 13-205 (2026)
Title 13. Contractual Employment and Service Contracts in Executive Branch
Subtitle 2. Contractual Employees Generally
§ 13–205LinkCopy Citation
(a)
The Secretary periodically shall audit a sample of instances of contractual employment in the various units to determine whether:
(1)
justification exists in each instance to continue certification for the contractual employee; and
(2)
the guidelines adopted under § 13-203 of this subtitle have been followed.
(b)
(1)
If, as a result of an audit, the Secretary determines that services performed by a contractual employee should be performed by a permanent employee, the Secretary shall:
(i)
refuse to renew the certification for the contractual employee; and
(ii)
recommend that a position for a permanent employee be established.
(2)
If, as a result of an audit, the Secretary determines that a unit has not complied with the guidelines adopted under § 13-203 of this subtitle, the Secretary shall:
(i)
advise the unit of the nature of the noncompliance; and
(ii)
suggest alternate criteria or methods that would have complied with the guidelines.