Md. Code Regs. 17.04.05.01

Current through Register Vol. 51, No. 22, November 1, 2024

Section 17.04.05.01 - Disciplinary Actions Generally

A. Disciplinary action may be taken because of an employee's:

(1) Unsatisfactory performance of duties and responsibilities, as governed by State Personnel and Pensions Article, 11-101, 11-102, 11-103(a), (c), and (d), 11-104, 11-105, 11-107----- 11-113, and 11-304, Annotated Code of Maryland; or

(2) Misconduct, as governed by State Personnel and Pensions Article, 11-101-----11-110, 11-112, 11-113, and 11- 303-----11-306, Annotated Code of Maryland.

B. The disciplinary actions that may be taken are listed in State Personnel and Pensions Article, § 11-104, Annotated Code of Maryland.

C. Unless a peer review panel is available and selected by an employee, the disciplinary appeal procedures for an employee in the skilled and professional services are specified in State Personnel and Pensions Article, 11-109 and 11-110, Annotated Code of Maryland. The disciplinary appeal procedures for an employee under special appointment are specified in State Personnel and Pensions Article, § 11-113, Annotated Code of Maryland.

D. The standard of proof in all disciplinary actions is a preponderance of the evidence.

E. The employee bears the burden of proof in the following actions:

(1) Discipline of an employee in the executive or management service, and under special appointment; and

(2) Discipline of an employee on probation in the skilled and professional services, following initial appointment.

F. The sole issue for consideration in a conference or hearing related to a disciplinary action specified in §E of this regulation is whether the employer's action was illegal or unconstitutional.

G. Except for the actions specified in §E of this regulation, the appointing authority bears the burden of proof in all disciplinary actions affecting an employee in the skilled and professional services, including discipline of an employee on probation following promotion or reinstatement.

H. A disciplinary action against an employee under special appointment or in the management and executive services is governed by Regulations .05 and .06 of this chapter.

I. When appealing a disciplinary action, the employee or the employee's representative shall state to the extent possible and on a form provided by the Secretary the issues of fact, law, and mitigating circumstances the employee believes would warrant rescinding or modifying the disciplinary action. Failure to state the issues of fact and law when possible may be grounds for dismissing the appeal.

Md. Code Regs. 17.04.05.01

Regulations .01 adopted as an emergency provision effective February 12, 1997 (24:5 Md. R. 391); emergency status expired August 12, 1997; adopted permanently effective September 8, 1997 (24:18 Md. R. 1297)