Md. Code Regs. 11.02.08.05-1 - Suspension Pending Charges for Termination of a Career Service Employee

A. An appointing authority or the appointing authority's designee may suspend a Career Service employee with or without pay pending final disposition of the charges for termination, if the suspension is necessary to protect the interests of the Department.

B. Written Notice. The appointing authority or the appointing authority's designee shall notify the employee in writing of the reason or reasons for the suspension pending charges for termination, the effective date of the suspension, and the appropriate appeal route, including the time frame for appeal.

C. Thirty Day Limitation for Suspension Without Pay Pending Charges for Termination.

(1) If an employee is suspended without pay, the appointing authority or designated representative shall provide to the Secretary of Transportation the charges for termination within 30 days after the first day of the suspension period.

(2) If the appointing authority or designated representative has not filed the charges for termination after 30 days, the employee shall be placed on leave with pay until the Secretary of Transportation receives charges for termination.

D. Time Limit for Imposition of Suspension Pending Charges for Termination. A suspension pending charges for termination shall be imposed within the time frame set forth in Regulation .01D of this chapter.

E. Appeal of Suspension Pending Charges.

(1) The Office of Administrative Hearings shall afford the employee a hearing, at which time the employee may:

(a) Rebut the reasons given for the suspension;

(b) Allege mitigating circumstances; and

(c) Offer alternatives to the suspension.

(2) An employee may appeal a suspension pending charges for termination in accordance with the procedures set forth in Regulation .10 of this chapter.

Notes

Md. Code Regs. 11.02.08.05-1

Regulation .05-1 adopted effective April 20, 2009 (36:8 Md. R. 596)