11.02.02.05

.05 Probation.

A. Career Service employees initially hired into the Transportation Service shall serve a 6-month probation period, unless another period is specified before recruitment for the position. A supervisor, with the concurrence of the appointing authority or the appointing authority's designee, may extend the probation period for an additional period not to exceed the length of the original probation period, or may shorten the probation period.

B. A Career Service employee who is promoted is required to serve a probation period in the new classification not to exceed 6 months, unless another period is specified before recruitment for the position. A supervisor may, with the concurrence of the appointing authority or the appointing authority's designee, extend the promotional probation period for an additional period not to exceed the length of the original promotional probation period, or may shorten the probation period.

C. An employee reinstated into a classification other than the employee's former classification may be required to serve a 6-month probation, unless another period is specified before recruitment for the position. A supervisor, with the concurrence of the appointing authority or the appointing authority's designee, may extend the probation period for an additional period not to exceed the length of the original probation, or may shorten the probation period.

D. Current Department employees who convert into the Transportation Service and who have satisfactorily completed a probation period are not required to serve an additional probation period as a result of the conversion.

E. Current Department employees who are on probation and who convert into the Transportation Service shall serve probation under its original terms.

F. An employee who, in the judgment of the supervisor, is not satisfactorily performing the job duties may be rejected from a Career Service position with the Transportation Service with the concurrence of the appointing authority.

G. An employee rejected on probation shall be provided at least 2 weeks notice unless, in the judgment of the appointing authority, the employee's continued presence on the job would be contrary to the best interests of the Department.

H. Written Notice. The appointing authority shall provide the employee, in writing, with the reason or reasons for the rejection on probation, the effective date of the rejection on probation, and the appropriate appeal routes, including the time frame for appeal to the Office of Administrative Hearings.

I. An employee rejected on promotional probation shall be returned to the employee's previous position if vacant. If the previous position is not vacant, the appointing authority, at the appointing authority's discretion, may place the employee in any vacancy in the previous classification.

J. Appeal of Rejection on Probation.

(1) An employee may appeal a rejection on probation in writing to the Office of Administrative Hearings, with a copy to the appointing authority, within 5 work days of receipt of the written notice of rejection. Work days do not include Saturdays, Sundays, and observed holidays. The Secretary of Budget and Management or a designated representative shall allow either party 15 days from the date of the Office of Administrative Hearings' proposed decision to file exceptions to the proposed decision.

(2) A police officer serving an initial probationary period as a police officer, or a rejected employee serving a probation period as set forth in §A or C of this regulation, shall be afforded an opportunity for a hearing which is limited to the legal and constitutional basis for the rejection.

(3) A rejected employee serving a promotional probation period as set forth in §B of this regulation shall be offered a hearing on the merits of the rejection.

(4) The burden of proof in an appeal of rejection on probation is as set forth in COMAR 11.02.08.10J.

K. Police officers initially hired into the Transportation Service may be required by the appointing authority to serve a 2-year probationary period, and may be promoted during the probationary period at the discretion of the appointing authority.