<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".06" citation="COMAR 12.10.01.06" title_num="12" subtitle_num="10" chapter_num="01" heading="Certification of a Mandated Employee.">
  <paragraph num="A.">
    <text>Mandated Employee Certification Requirements. The Commission shall certify an individual for appointment to a mandated position after the individual:</text>
    <paragraph num="(1)">
      <text>Meets selection standards established under Regulation .04 of this chapter;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Successfully completes training for that position under Regulation .09 of this chapter; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Successfully completes a field training program under Regulation .23 of this chapter.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Mandated Employee Period of Certification.</text>
    <paragraph num="(1)">
      <text>The Commission shall determine the period of certification for a mandated employee.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A mandated employee's certification is valid for the period determined by the Commission or until the employee:</text>
      <paragraph num="(a)">
        <text>Is separated from employment;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Does not meet the Commission's standards;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Is transferred from a mandated position to a nonmandated position; or</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Is transferred from one mandated position to another mandated position with different selection or training requirements that the individual has not met.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Mandated Employee Certification—Renewal.</text>
    <paragraph num="(1)">
      <text>The Commission shall establish a schedule for renewing mandated employee certification.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The Commission shall renew a mandated employee's certification if the individual meets the Commission's annual training requirements under Regulation .16 of this chapter.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>If a mandated employee is not eligible for certification renewal under §C(2) of this regulation, at least 30 days before the end of the current certification the Commission shall:</text>
      <paragraph num="(a)">
        <text>Notify the mandated employee's agency head of the date that the current mandated employee's certification will end; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Request the agency head to supply information that may affect the mandated employee's eligibility for certification renewal.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>If notified under the provisions of §C(3)(a) of this regulation, the agency head shall notify the affected mandated employee of the date the certification ends before the date the employee's certification ends.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Mandated Employee Certification—Lapse.</text>
    <paragraph num="(1)">
      <text>A mandated employee's certification lapses on the date recorded on the certification card if it has not been renewed under §C of this regulation.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>An agency head may not permit a mandated employee to perform the duties of a mandated position if the mandated employee's certification has lapsed.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>If the mandated employee's certification has lapsed because the mandated employee did not meet the Commission's annual training standards, the mandated employee may request a hearing before the Commission to show that the mandated employee was not at fault and that:</text>
      <paragraph num="(a)">
        <text>The employer did not provide the mandated employee with the required training; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The mandated employee's duty assignment prevented the individual from attending or completing the required training.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>If a hearing is requested under §D(3) of this regulation, the Commission shall conduct the hearing according to procedures under State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>If a hearing is conducted and the Commission determines that the mandated employee was not at fault because a condition under §D(3)(a) or (b) exists:</text>
      <paragraph num="(a)">
        <text>The Commission shall extend certification to provide the opportunity for the mandated employee and the employer to meet the Commission's training requirements;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The agency head shall continue to employ the mandated employee at the employee's established pay rate, regardless of the duties assigned, pending completion of required training; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The Commission may order the employer to pay all reasonable hearing costs.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Mandated Employee Recertification. The Commission shall recertify an individual formerly certified as a mandated employee in Maryland after the individual meets the applicable selection and training standards under Regulation .07 of this chapter.</text>
  </paragraph>
  <paragraph num="F.">
    <text>Certification Card.</text>
    <paragraph num="(1)">
      <text>The Commission shall issue a certification card to an individual who has met the Commission's certification requirements for a mandated position.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The Commission shall determine the format and contents of the certification card.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The certification card indicates that the individual is authorized to perform the duties of the mandated position.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The mandated employee's agency head:</text>
      <paragraph num="(a)">
        <text>Is responsible for the cost of replacing an issued, current certification card; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>May require a mandated employee to reimburse the agency for the cost of replacement.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>A mandated employee shall, to the extent possible, possess a valid certification card while the mandated employee is on duty.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>A certification card issued by the Commission:</text>
      <paragraph num="(a)">
        <text>Lapses at midnight on the date printed on the card;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Remains the property of the Commission; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Shall be returned, by an agency head, to the Commission when an individual is no longer employed as a mandated employee.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(7)">
      <text>An agency head shall return a mandated employee's certification card, removed from the individual under §F(6)(c) of this regulation, to the Commission within 30 working days of the date the individual is no longer employed as a mandated employee.</text>
    </paragraph>
    <paragraph num="(8)">
      <text>An agency head shall retain the certification card of a mandated employee on nonofficer status until the individual:</text>
      <paragraph num="(a)">
        <text>Returns to active duty; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Is no longer employed in a mandated position.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>Department of Juvenile Services Contractor Employee Selection, Training Standards, and Certification Requirements.</text>
    <paragraph num="(1)">
      <text>An employee of a nonprofit or for-profit organization (contractor) under contract with the Department of Juvenile Services performing duties equivalent to those performed by a Department of Juvenile Services employee in a mandated position shall meet the same selection and training standards and certification requirements as the Department of Juvenile Services mandated employee.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>If the contractor under §G(1) of this regulation changes or the Department of Juvenile Services assumes responsibility for the services previously provided by a contractor, mandated employee certification for a contractual employee shall continue under a new contractor or the Department of Juvenile Services if the employee:</text>
      <paragraph num="(a)">
        <text>Continues employment under the new contractor or the Department of Juvenile Services without a break in service that exceeds 30 days;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Continues to perform the same duties and responsibilities of the mandated position for which the employee is certified;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Under the new employer, continues to perform duties at a facility formerly under the authority of the previous contractor; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Continues to meet Commission training and certification requirements for the mandated position.</text>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>