Current with changes from the 2024 Legislative Session
(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 complainants State personnel records;(2) require the head of the principal unit to:(i) hire, promote, or reinstate the complainant or end the complainants 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.