(a) Within 10 days after receiving a decision under § 5-212 of this subtitle, a complainant may appeal the decision in writing to the Secretary.
(b) Within 30 days after an appeal is received:
(1) the Coordinator:
(i) shall review the complaint and the decision being appealed;
(ii) may conduct any necessary investigation; and
(iii) shall recommend to the Secretary or designee a finding of whether a violation of this subtitle has occurred; and
(2) the Secretary or designee shall:
(i) take the action described in subsection (c)(1) or (c)(2) of this section; and
(ii) issue to the parties a written decision that includes notice of any remedial action taken.
(c) (1) If the Secretary or designee determines that a violation has not occurred, the Secretary or designee shall dismiss the complaint.
(2) If the Secretary or designee determines that a violation has occurred, the Secretary or designee shall take appropriate remedial action.
(d) As remedial action for a violation of § 5-208 of this subtitle, the Secretary or designee may:
(1) order the removal of detrimental information from the complainant's State personnel records;
(2) require the head of the principal unit to:
(i) hire, promote, or reinstate the complainant or end the complainant's suspension from employment;
(ii) award the complainant back pay up to the day of the violation;
(iii) grant the complainant leave or seniority;
(iv) take appropriate disciplinary action against any individual who caused the violation; or
(v) take any other remedial action that the Secretary or designee considers appropriate.
(e) The decision of the Secretary or designee is final.
Structure Maryland Statutes
Title 5 - Employee Rights and Protections
Subtitle 2 - Equal Employment Opportunity Program in the Executive Branch of State Government
Section 5-202 - Program Established; Purpose; Eligibility
Section 5-203 - Election to Pursue Allegation Under Complaint Resolution Procedures
Section 5-204 - Duties of Secretary
Section 5-205 - Duties of Units
Section 5-207 - Fair Practices Officers and Equal Employment Opportunity Officers
Section 5-208 - Personnel Actions
Section 5-209 - Election of Procedures
Section 5-210 - Representation of Complainant; Finality of Decision; Resolution of Complaint
Section 5-211 - Filing of Complaint
Section 5-212 - Actions on Complaint