<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".04" citation="COMAR 17.04.05.04" title_num="17" subtitle_num="04" chapter_num="05" heading="Disciplinary Actions Relating to Employee Misconduct.">
  <paragraph num="A.">
    <text>Scope. This regulation applies to an employee in the skilled and professional services. This regulation does not apply to an employee under special appointment.</text>
  </paragraph>
  <paragraph num="B.">
    <text>An employee may be disciplined for engaging in any of the following actions:</text>
    <paragraph num="(1)">
      <text>Being negligent in the performance of duties;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Engaging in intentional misconduct, without justification, which injures another person, causes damage to property, or threatens the safety of the work place;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Being guilty of conduct that has brought or, if publicized, would bring the State into disrepute;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Being unjustifiably offensive in the employee's conduct toward fellow employees, wards of the State, or the public;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Violating a provision of State Personnel and Pensions Article, Title 2, Subtitle 3; Title 15; or §9-607; Annotated Code of Maryland;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Stealing State property with a value of $300 or less;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>After notification, continuing to engage in another business, trade, or occupation, which conflicts with the employee's position, or which prevents the employee from satisfactorily performing the duties of the employee's position;</text>
    </paragraph>
    <paragraph num="(8)">
      <text>Engaging in conduct involving dishonesty, fraud, deceit, misrepresentation, or illegality;</text>
    </paragraph>
    <paragraph num="(9)">
      <text>Causing damage to public property or wasting public supplies through negligence, recklessness, or willful conduct;</text>
    </paragraph>
    <paragraph num="(10)">
      <text>Willfully making a false official statement or report;</text>
    </paragraph>
    <paragraph num="(11)">
      <text>Knowingly assisting another in conduct that is a violation of State Personnel and Pensions Article, Annotated Code of Maryland, the regulations in this chapter, or any other lawful agency policy;</text>
    </paragraph>
    <paragraph num="(12)">
      <text>Violating a lawful order or failing to obey a lawful order given by a superior, or engaging in conduct, violating a lawful order, or failing to obey a lawful order which amounts to insubordination;</text>
    </paragraph>
    <paragraph num="(13)">
      <text>Engaging in discrimination prohibited by law;</text>
    </paragraph>
    <paragraph num="(14)">
      <text>Using leave contrary to law or policy; or</text>
    </paragraph>
    <paragraph num="(15)">
      <text>Committing another act, not previously specified, when there is a connection between the employee's activities and an identifiable detriment to the State.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>The actions in §B of this regulation are in addition to the automatic causes for termination enumerated in State Personnel and Pensions Article, §11-105, Annotated Code of Maryland.</text>
  </paragraph>
  <paragraph num="D.">
    <text>Before an employee may be disciplined for conduct-related reasons, the appointing authority shall:</text>
    <paragraph num="(1)">
      <text>Notify the employee of the misconduct and provide an explanation of the employer's evidence;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Investigate the alleged misconduct;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Meet with the employee, unless the employee is unavailable or unwilling to meet;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Consider any mitigating circumstances;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Determine the appropriate disciplinary action, if any, to be imposed; and</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Give the employee written notice of the disciplinary action to be taken and the employee's appeal rights, and inform the employee of the effective date of the disciplinary action.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Unless otherwise provided by law, an appointing authority shall take each of the actions required in §D of this regulation within the time limits provided in State Personnel and Pensions Article, §11-106, Annotated Code of Maryland.</text>
  </paragraph>
</regulation>