Definitions. “Days” means calendar days. “Exclusive representative” means an employee organization that has been certified by the State Labor Relations Board as an exclusive representative under State Personnel and Pensions Article, Division I, Title 3, Subtitle 4, Annotated Code of Maryland. Grievance. “Grievance” means a cause of complaint, unless otherwise provided for by law or regulation, arising between a Transportation Service employee and the Department over the interpretation and application of Department regulations, rules, or policies over which management has control or over a term or condition of a memorandum of understanding between the State and the exclusive representative. “Grievance” does not include a dispute about: A pay grade or range for a classification; The amount or the effective date of a Statewide pay increase; The establishment of a classification; The assignment of a classification to a service category; A mid-year performance appraisal; or An oral reprimand or counseling memoranda. “Party” means: An employee having a grievance; or An aggrieved employee's appointing authority or the appointing authority's designee, or both. The following employees are authorized to present grievances: Career Service; Executive Service; and Commission Plan. The following employees are not authorized to present grievances: Temporary; Contractual; Law enforcement; Those covered under Maryland Transit Administration collective bargaining agreements; Emergency. Time Limits — Employee. An employee shall file a grievance in writing, on a grievance form supplied by the Human Resources Office, within 30 days of the alleged cause of complaint or knowledge of the complaint. Failure to file or appeal any step of the grievance process within the time limits specified results in dismissal of the grievance. Time Limits — Appointing Authority or Appointing Authority's Designee. Failure to render a decision within the time limits specified constitutes a denial which the employee may appeal, within the appropriate time limits, to the next step of the grievance process. Waiver of Time Limits or Steps. By mutual agreement, both parties may waive time limits or steps of the grievance process. Failure of Grievant to Appear at Scheduled Grievance Conference. Failure of a grievant to appear at a scheduled grievance conference shall result in dismissal of the grievance, unless a valid or documented reason acceptable to the grievance conference officer is provided to explain the grievant's absence. Efforts to Resolve a Grievance and Consolidation of Similar Grievances. Both parties shall endeavor to resolve a grievance at the lowest possible step. Similar grievances may be consolidated and processed together as a single grievance. The employee may be represented at any step of the grievance procedure by any person of the employee's choosing. In a reclassification grievance, the Office of Administrative Hearings may award back pay to the employee for a maximum of 1 year before the date the employee presented the grievance in writing to the appointing authority or the appointing authority's designee. Burden of Proof. Decisions shall be based upon a preponderance of the evidence. The appointing authority or the appointing authority’s designee bears the burden of proof in the following grievances: Appeal of a less than “Meets Standards” annual performance appraisal rating; and Appeal of a denial of a salary increase due to an annual performance appraisal rating. The employee bears the burden of proof in all other grievances. An employee with an annual written performance appraisal rating equivalent to overall “Meets Standards” or higher may only grieve the evaluation up to Step Two of the grievance procedure. Step One. An employee shall initiate a grievance appeal in writing to the employee's appointing authority or the appointing authority's designee within 30 days of the alleged cause of complaint or knowledge of the complaint. In addition, the employee may discuss the grievance orally with the employee's supervisor within the same 30-day period. The appointing authority or the appointing authority's designee shall hear the grievance within 10 days or on a mutually agreed upon date. The appointing authority or the appointing authority's designee shall render a written decision within 20 days of hearing the grievance. If the employee chooses to appeal to Step Two, the appeal shall be filed within 10 days after receipt of the written decision. Step Two. An employee may appeal the grievance within 10 days to the Secretary or the Secretary's designee. The Secretary or the Secretary's designee shall hear the grievance within 15 days of receipt of the appeal or on a mutually agreed upon date. The Secretary or the Secretary's designee shall render a decision within 40 days of hearing the grievance. If the employee chooses to appeal to Step Three, the appeal shall be filed within 15 days after receipt of the written decision. Step Three. An employee may submit the grievance complaint to the Office of Administrative Hearings on a grievance form provided by the Human Resources Office. An administrative law judge of the Office of Administrative Hearings shall render a written decision, which is binding on all parties, within 45 calendar days after a hearing is held, or within 45 days after all legal memoranda or briefs have been filed. An aggrieved party may seek judicial review of the final decision in accordance with the provisions of the Administrative Procedure Act, State Government Article, §10-222, Annotated Code of Maryland. An employee may not be subject to coercion, discrimination, interference, reprisal, or restraint as a result of pursuing a grievance. An employee of the Department may not intentionally take or assist in taking an act of coercion, discrimination, interference, reprisal, or restraint against another employee as a result of pursuing a grievance. State Personnel and Pensions Article, §12-101; Transportation Article, §§2-102 and 2-103.4; Annotated Code of Maryland Effective date: January 18, 1993 (20:1 Md. R. 27) Regulation .01A amended effective November 15, 2021 (48:23 Md. R. 981) Regulation .01C amended effective July 12, 2010 (37:14 Md. R. 938) Regulation .02 amended effective August 30, 1993 (20:17 Md. R. 1346); November 15, 2021 (48:23 Md. R. 981) Regulation .02K adopted effective July 12, 2010 (37:14 Md. R. 938) Regulation .03 adopted effective February 1, 1993 (20:2 Md. R. 113) Regulation .03B amended effective July 12, 2010 (37:14 Md. R. 938) Regulation .03C amended effective August 30, 1993 (20:17 Md. R. 1346); July 12, 2010 (37:14 Md. R. 938); November 15, 2021 (48:23 Md. R. 981) Regulation .03D amended effective September 12, 1994 (21:18 Md. R. 1509) Regulation .04 adopted effective December 30, 1996 (23:26 Md. R. 1860)