11.02.09.03

.03 Grievance Process.

A. Step One. An employee shall initiate a grievance appeal in writing to the employee's appointing authority or the appointing authority's designee within 30 days of the alleged cause of complaint or knowledge of the complaint. In addition, the employee may discuss the grievance orally with the employee's supervisor within the same 30-day period. The appointing authority or the appointing authority's designee shall hear the grievance within 10 days or on a mutually agreed upon date. The appointing authority or the appointing authority's designee shall render a written decision within 20 days of hearing the grievance. If the employee chooses to appeal to Step Two, the appeal shall be filed within 10 days after receipt of the written decision.

B. Step Two. An employee may appeal the grievance within 10 days to the Secretary or the Secretary's designee. The Secretary or the Secretary's designee shall hear the grievance within 15 days of receipt of the appeal or on a mutually agreed upon date. The Secretary or the Secretary's designee shall render a decision within 40 days of hearing the grievance. If the employee chooses to appeal to Step Three, the appeal shall be filed within 15 days after receipt of the written decision.

C. Step Three.

(1) An employee shall appeal by either §C(2) or (3) of this regulation.

(2) The employee may submit the grievance complaint to the Office of Administrative Hearings on a grievance form provided by the Human Resources Office. An administrative law judge of the Office of Administrative Hearings shall render a written decision, which is binding on all parties, within 45 calendar days after a hearing is held, or within 45 days after all legal memoranda or briefs have been filed.

(3) The employee may elect to submit the grievance complaint to outside arbitration through the Secretary. The Secretary shall request the American Arbitration Association to provide an arbitrator according to the Association's rules of selection. Fees resulting from arbitration are to be assessed equally between the parties. The decision of the arbitrator is advisory to the Secretary of Budget and Management. The parties may file exceptions and present oral argument on the advisory opinion to the Secretary of Budget and Management or a designated representative. Within 45 days after receipt of the written exceptions or oral argument, or both, the Secretary of Budget and Management or a deputy secretary, an assistant secretary, or another official whose duties and responsibilities are unrelated to the hearing process, shall issue the final decision.

D. An aggrieved party may seek judicial review of the final decision in accordance with the provisions of the Administrative Procedure Act, State Government Article, §10-222, Annotated Code of Maryland.