Title 5. Employee Rights and Protections — Subtitle 3. Maryland Whistleblower Law in the Executive Branch of State Government

all employees and State employees who are applicants for positions in the Executive Branch of State government, including a unit with an independent personnel system; and

if both the Commonwealth of Virginia and the District of Columbia enact similar whistleblower protections or waive their sovereign immunity as applied to the Washington Metropolitan Area Transit Authority for the purpose of providing whistleblower protections, all employees of the Washington Metropolitan Area Transit Authority.

the District of Columbia’s Employees of District Contractors and Instrumentality Whistleblower Protection Act, Title 2, Chapter 2, Subchapter XII of the Code of the District of Columbia; and

the Commonwealth of Virginia’s Fraud and Abuse Whistleblower Protection Act, Title 2.2, Chapter 30.1 of the Code of Virginia.

provide all employees of the Department of Juvenile Services with written notice of the protections and remedies provided by § 5–305(2) and (3) of this subtitle; and

include information on the protections and remedies provided by § 5–305(2) and (3) of this subtitle in the Department’s employee handbook and in any new employee orientation or training.

an abuse of authority, gross mismanagement, or gross waste of money;

a substantial and specific danger to public health or safety; or

a violation of law;

a complaint under § 5-309 of this subtitle; or

a grievance under Title 12 of this article.

a complaint under § 5-309 of this subtitle; or

a grievance under Title 13 of the Education Article.

a complaint under § 5-309 of this subtitle; or

a grievance under Title 14 of the Education Article.

A complainant may be represented during the complaint process by any person the complainant chooses.

Either party may be represented at a hearing by counsel.

If a complainant fails to appeal a decision in accordance with this subtitle, the complainant is considered to have accepted the decision.

A failure to decide a complaint in accordance with this subtitle is considered a denial from which an appeal may be made.

An employee subject to this subtitle may file with the Secretary a complaint that alleges a violation of § 5-305 of this subtitle.

A complaint under this subtitle must be filed within 6 months after the complainant first knew of or reasonably should have known of the violation.

send a copy of the complaint to the head of the principal unit named in the complaint; and

advise the head of the principal unit to respond in writing to the complaint within 20 days after receiving the copy.

the complaint shall be investigated to determine whether a violation of § 5-305 of this subtitle has occurred:

the Secretary or designee or the Governor's designee shall:

If the Secretary or designee or the Governor's designee determines that a violation has not occurred, the Secretary or Governor's designee shall dismiss the complaint.

If the Secretary or designee or the Governor's designee determines that a violation has occurred, the Secretary or designee shall take appropriate remedial action.

order the removal of any related detrimental information from the complainant's State personnel records;

require the head of the principal unit to:

within 10 days after receiving a decision under § 5-309 of this subtitle; or

when a decision is not issued within 60 days after the complaint is filed and the complainant requests a hearing.

The Office of Administrative Hearings shall conduct a hearing on each appeal in accordance with Title 10, Subtitle 2 of the State Government Article. 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.

A record that is protected from disclosure under Title 4 of the General Provisions Article may be used as evidence in a hearing only if:

The confidentiality of records and information protected from disclosure under Title 4 of the General Provisions Article shall be maintained in each hearing.

Within 45 days after the close of the hearing record, the Office of Administrative Hearings shall issue to the parties a written decision and may grant any appropriate relief under subsection (d) of this section.

The decision of the Office of Administrative Hearings is final.

any remedial action allowed under § 5-309(e) of this subtitle; and

costs of litigation and reasonable attorney's fees.

contains a statement of the allegation;

notifies the individual that the matter has been referred to a prosecutor;

advises the individual of the individual's right to obtain counsel; and

advises the individual of the individual's right to refuse to respond to the allegation if a response might be incriminating.