# State Personnel and Pensions (GSP)

## Title 13. Contractual Employment and Service Contracts in Executive Branch

### Subtitle 2. Contractual Employees Generally

#### Section 13-201

(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.

#### Section 13-202

(a) Except as otherwise authorized under Sec. 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.

#### Section 13-203

(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 Sec. 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.

#### Section 13-204

Except as authorized under Sec. 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.

#### Section 13-205

(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 Sec. 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 Sec. 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.

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