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Maryland Code, State Personnel and Pensions § 12-402

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) Except as provided in subsection (b) of this section, the remedies available to a grievant under this title are limited to the restoration of the rights, pay, status, or benefits that the grievant otherwise would have had if the contested policy, procedure, or regulation had been applied appropriately as determined by the final decision maker.

(b)(1) A decision maker at Step Two or Step Three of the grievance procedure:

(i) may order an appointing authority to grant back pay; and

(ii) on a finding that wages were withheld in violation of §§ 2-402 and 2-407 of this article, shall order the payment of damages in accordance with § 2-407(c) of this article.

(2)(i) In a reclassification grievance back pay may be awarded for a period not exceeding 1 year before the grievance procedure was initiated.

(ii) A back pay order under this paragraph is in the discretion of the Secretary and the Office of Administrative Hearings.

(3) Subject to the limitations in Title 14, Subtitle 2 of this article, an appointing authority shall carry out a back pay order or damages order issued under this subsection.

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Cite this article: FindLaw.com - Maryland Code, State Personnel and Pensions § 12-402 - last updated January 01, 2025 | https://codes.findlaw.com/md/state-personnel-and-pensions/md-code-st-pers-and-pens-sect-12-402/

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