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11.02.08.00.htm 11.02.08.00. Title 11 DEPARTMENT OF TRANSPORTATION Subtitle 02 TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM Chapter 08 Disciplinary Action Authority: Transportation Article, §2-102 and 2-103.4, Annotated Code of Maryland
11.02.08.01.htm 11.02.08.01. 01 General.. A. In the case of Career Service employees, disciplinary action may include, as appropriate:. 1) Official written reprimand;. 2) Suspension without pay;. 3) Loss of leave;. 4) Involuntary demotion;. 5) Suspension, with or without pay, pending charges for termination;. 6) Termination under charges from a Career Service position; or. 7) Rejection on promotional probation.. B. Before imposing any disciplinary action, the appointing authority or designated representative sh
11.02.08.02.htm 11.02.08.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Conviction" means:. a) A judgment of conviction, whether entered upon a finding of guilt or acceptance of a plea of nolo contendere, and the imposition of sentence; orb) The staying of the entry of judgment and the placing of the defendant on probation after a finding of guilty or the acceptance of a plea of nolo co2) “Day” or “Days” means a calendar day or calendar days..
11.02.08.02-1.htm 11.02.08.02-1. 02-1 Official Written Reprimand.. A. The appointing authority or the appointing authority's designee may give an employee an official written reprimand because of unacceptable job performance or work-related conduct.B. Time Limit for Imposition of an Official Written Reprimand. An official written reprimand shall be imposed within the time frame set forth in Regulation .01D of this chapter.C. Written Notice. The appointing authority or the appointing authority's d
11.02.08.03.htm 11.02.08.03. 03 Disciplinary Suspension.. A. An appointing authority or the appointing authority's designee may suspend an employee without pay because of unacceptable job performance or work-related conduct.B. Disciplinary Suspension of Fair Labor Standards Act (FLSA) Exempt Employees.. 1) The appointing authority, or the appointing authority's designee, may suspend an FLSA exempt employee as provided for under §A of this regulation.2) FLSA exempt employees shall be suspended in inc
11.02.08.04.htm 11.02.08.04. 04 Disciplinary Loss of Leave.. A. Disciplinary Loss of Leave. The appointing authority or the appointing authority's designee may, for disciplinary purposes, remove up to 5 days of personal or annual leave, or personal and annual leave, from an employee's accumulated leave balance. Personal leave shall be removed before annual leave. Disciplinary loss of leave may be imposed because of unacceptable job performance or work-related conduct.B. Time Limit for Imposit
11.02.08.05.htm 11.02.08.05. 05 Involuntary Demotion.. A. An appointing authority or the appointing authority's designee may demote an employee for disciplinary or performance reasons, and may reduce the employee's salary or wages.B. Time Limit for Imposition of an Involuntary Demotion. An involuntary demotion shall be imposed within the time frame set forth in Regulation .01D of this chapter.C. Written Notice. The appointing authority or the appointing authority's designee shall provide an
11.02.08.05-1.htm 11.02.08.05-1. 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 t
11.02.08.06.htm 11.02.08.06. 06 Termination of a Career Service Employee.. A. An appointing authority may, for cause, terminate a Career Service employee.. B. Cause for Termination. One or more than one of the following causes is sufficient reason for termination, though termination may be for a cause or causes other than those enumerated:1) The employee is incompetent or inefficient in the performance of job duties and is unable to perform at acceptable levels after proper guidance, training, and recommendatio
11.02.08.07.htm 11.02.08.07. 07 Discipline or Termination of an Executive Service or Commission Plan Employee.. A. An appointing authority may recommend to the Secretary of Transportation the discipline or termination of an Executive Service or Commission Plan employee. The Secretary shall review the request and, at the Secretary's discretion, approve or disapprove the recommended discipline or termination. After approval by the Secretary, the appointing authority shall send the employee written notice of t
11.02.08.07-1.htm 11.02.08.07-1. 07-1 Nondisciplinary Administrative Terminations of Police Officers of the Department.. A. Termination.. 1) An appointing authority may recommend to the Secretary of Transportation the nondisciplinary administrative termination of a police officer of the Department.2) The Secretary or the Secretary's designee shall review the request and, at the discretion of the Secretary or the Secretary's designee, approve or disapprove the recommended termination.3) On approval of the ter
11.02.08.08.htm 11.02.08.08. 08 Rejection on Promotional Probation. A. An employee may be rejected on promotional probation in accordance with COMAR 11.02.02.05.. B. Time Limit for Imposition of Rejection on Promotional Probation. A rejection on promotional probation shall be imposed within the time frame set forth in Regulation .01D of this chapter.C. Written Notice. The employee shall be provided written notice of the rejection on promotional probation in accordance with COMAR 11.02.02.05.
11.02.08.09.htm 11.02.08.09. 09 Authority to Conduct Hearings and Appeals.. The Office of Administrative Hearings shall conduct hearings and issue a final decision for Department of Transportation personnel cases.
11.02.08.10.htm 11.02.08.10. 10 Appeal Procedure.. A. A Career Service employee may appeal an Official Written Reprimand, Suspension without Pay, Loss of Leave, Involuntary Demotion, Suspension pending charges for Termination, Charges for Termination, and Rejection on Promotional Probation, in writing, to the Secretary or the Secretary’s designee within 15 days of receipt of the written notice.B. If an employee does not appeal the action within the specified time frames, the action is final..
11.02.08.9999.htm 11.02.08.9999. Administrative History Effective date: January 18, 1993 (20:1 Md. R. 27). Regulation .01 amended effective February 27, 2006 (33:4 Md. R. 352) October 19, 2009 (36:21 Md. R. 1592)Regulation .01C amended effective October 7, 1996 (23:20 Md. R. 1424). Regulation .02B amended effective August 30, 1993 (20:17 Md. R. 1346) October 7, 1996 (23:20 Md. R. 1424) October 19, 2009 (36:21 Md. R. 1592)Regulation .02-1 adopted effective October 19, 2009 (36:21 Md. R. 1592).
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