Maryland Statutes
Subtitle 3 - Maryland Whistleblower Law in the Executive Branch of State Government
Section 5-309 - Filing of Complaints; Actions on Complaint

(a)    (1)    An employee subject to this subtitle may file with the Secretary a complaint that alleges a violation of § 5-305 of this subtitle.
        (2)    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.
    (b)    When a complaint is received, the Secretary or designee promptly shall:
        (1)    send a copy of the complaint to the head of the principal unit named in the complaint; and
        (2)    advise the head of the principal unit to respond in writing to the complaint within 20 days after receiving the copy.
    (c)    Within 60 days after a complaint is received:
        (1)    the complaint shall be investigated to determine whether a violation of § 5-305 of this subtitle has occurred:
            (i)    by the Secretary or designee of the Secretary; or
            (ii)    if the Department is charged in the complaint, by a designee of the Governor; and
        (2)    the Secretary or designee or the Governor's designee shall:
            (i)    take the action described in subsection (d)(1) or (2) of this section; and
            (ii)    issue to the complainant and head of the principal unit a written decision that includes any remedial action taken.
    (d)    (1)    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.
        (2)    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.
    (e)    As a remedial action for a violation of § 5-305 of this subtitle, the Secretary or designee may:
        (1)    order the removal of any related 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 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; and
            (v)    take any other remedial action consistent with the purposes of this subtitle.