Maryland § 5-309

§ 5-309.

    (a)    (1)    An employee subject to this subtitle may file with the Secretary a complaint that alleges a violation of § 5-305 of this subtitle.

        (2)    A complaint under this subtitle must be filed within 6 months after the complainant first knew of or reasonably should have known of the violation.

    (b)    When a complaint is received, the Secretary or designee promptly shall:

        (1)    send a copy of the complaint to the head of the principal unit named in the complaint; and

        (2)    advise the head of the principal unit to respond in writing to the complaint within 20 days after receiving the copy.

    (c)    Within 60 days after a complaint is received:

        (1)    the complaint shall be investigated to determine whether a violation of § 5-305 of this subtitle has occurred:

            (i)    by the Secretary or designee of the Secretary; or

            (ii)    if the Department is charged in the complaint, by a designee of the Governor; and

        (2)    the Secretary or designee or the Governor's designee shall:

            (i)    take the action described in subsection (d)(1) or (2) of this section; and

            (ii)    issue to the complainant and head of the principal unit a written decision that includes any remedial action taken.

    (d)    (1)    If the Secretary or designee or the Governor's designee determines that a violation has not occurred, the Secretary or Governor's designee shall dismiss the complaint.

        (2)    If the Secretary or designee or the Governor's designee determines that a violation has occurred, the Secretary or designee shall take appropriate remedial action.

    (e)    As a remedial action for a violation of § 5-305 of this subtitle, the Secretary or designee may:

        (1)    order the removal of any related detrimental information from the complainant's State personnel records;

        (2)    require the head of the principal unit to:

            (i)    hire, promote, or reinstate the complainant or end the complainant's suspension from employment;

            (ii)    award the complainant back pay to the day of the violation;

            (iii)    grant the complainant leave or seniority;

            (iv)    take appropriate disciplinary action against any individual who caused the violation; and

            (v)    take any other remedial action consistent with the purposes of this subtitle.