Md. Code Regs. 17.04.08.07

Current through Register Vol. 51, No. 24, December 2, 2024

Section 17.04.08.07 - Appeal of Whistleblower Complaints

A. A complainant may appeal to the Office of Administrative Hearings in accordance with State Personnel and Pensions Article, § 5-310, Annotated Code of Maryland.

B. A request for a hearing shall be in writing and signed by the individual requesting a hearing.

C. The Office of Administrative Hearings shall hold the hearing and shall issue the final administrative decision.

D. Any hearing conducted shall be held in accordance with the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and State Personnel and Pensions Article, § 5-310, Annotated Code of Maryland.

E. The complainant shall bear the burden of proof.

F. The Office of Administrative Hearings may not remand a whistleblower complaint to the Secretary for investigation.

G. The Office of Administrative Hearings may not hold a hearing on the merits of an employee's appeal until all preliminary jurisdictional issues are resolved.

Md. Code Regs. 17.04.08.07

Regulations .07 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)