This subtitle applies to all units in the Executive Branch of State government, except a unit with an independent personnel system. The Secretary may exempt specific types of contractual employees from the certification and other requirements of this subtitle.

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: the employment of the contractual employee is for services that cannot be performed by assignment or hiring of any nontemporary employee; 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 the services to be performed under the contract encompass functions that: are infrequent; are needed for a limited time; are unusual; or need to be implemented quickly and for which there is no reasonable alternative. 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.

The Secretary shall adopt guidelines for the recruitment and selection of contractual employees. These guidelines shall require a contracting unit: to make a reasonable effort to publicly solicit applicants for contractual employment; 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 to use criteria to select contractual employees that: are based on the qualifications of the applicant; and conform to subsection (c) of this section. All personnel actions concerning a contractual employee shall be made in accordance with § 2-302 of this article. 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. To the extent feasible, a unit shall conduct the recruitment and selection of contractual employees according to the guidelines adopted under this section.

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: encompass permanent functions; have no specific expiration date; and regularly are performed on a basis that is at least equal to 50% of the work responsibility of a full-time permanent employee.

The Secretary periodically shall audit a sample of instances of contractual employment in the various units to determine whether: justification exists in each instance to continue certification for the contractual employee; and the guidelines adopted under § 13-203 of this subtitle have been followed. 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: refuse to renew the certification for the contractual employee; and recommend that a position for a permanent employee be established. 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: advise the unit of the nature of the noncompliance; and suggest alternate criteria or methods that would have complied with the guidelines.