1. (a) Within 10 days after receiving a decision under § 5-212 of this subtitle, a complainant may appeal the decision in writing to the Secretary.

2. (b) Within 30 days after an appeal is received:

   1. (1) the Coordinator:

      1. (i) shall review the complaint and the decision being appealed;
      2. (ii) may conduct any necessary investigation; and
      3. (iii) shall recommend to the Secretary or designee a finding of whether a violation of this subtitle has occurred; and

   2. (2) the Secretary or designee shall:

      1. (i) take the action described in subsection (c)(1) or (c)(2) of this section; and
      2. (ii) issue to the parties a written decision that includes notice of any remedial action taken.

3. (c)

   1. (1) If the Secretary or designee determines that a violation has not occurred, the Secretary or designee shall dismiss the complaint.
   2. (2) If the Secretary or designee determines that a violation has occurred, the Secretary or designee shall take appropriate remedial action.

4. (d) As remedial action for a violation of § 5-208 of this subtitle, the Secretary or designee may:

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

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

      1. (i) hire, promote, or reinstate the complainant or end the complainant's suspension from employment;
      2. (ii) award the complainant back pay up to the day of the violation;
      3. (iii) grant the complainant leave or seniority;
      4. (iv) take appropriate disciplinary action against any individual who caused the violation; or
      5. (v) take any other remedial action that the Secretary or designee considers appropriate.
5. (e) The decision of the Secretary or designee is final.

Added by Acts 1996, c. 347, § 1, eff. Oct. 1, 1996.