1. A. The appointing authority or the appointing authority's designee shall make a determination regarding the necessity of investigating the background of n eligible individual for purposes of verification of suitability for employment. When appropriate and job-related, areas of investigation may include, but are not limited to, employment history, academic credentials, military records, criminal conviction records, and personal references.

2. B. In conducting the background investigation, the appointing authority or the appointing authority's designee shall:

   1. (1) Provide written notification to the eligible individual that:

      1. (a) A background investigation may be conducted; and
      2. (b) Consequences for fraudulent or irregular information may include, but are not limited to, nonselection, removal from the list of eligibles, termination of employment in situations where employment has begun, and criminal prosecution; and
   2. (2) Obtain a release of information form signed by the eligible individual.

3. C. The appointing authority or the appointing authority's designee may investigate the qualifications and background of an individual who has been offered or appointed to a position. If the appointing authority or the appointing authority's designee discovers that the individual provided fraudulent or irregular information in taking an examination or in any part of the appointment process, the appointing authority may take any of the following actions before the individual begins work:

   1. (1) Remove the individual from the eligibility list;
   2. (2) Withdraw the offer; or
   3. (3) Withdraw the appointment.

Authority: Transportation Article, §§2-102, 2-103.4, and 7-201; State Personnel and Pensions Article, §2-106; Annotated Code of Maryland

Effective date: January 18, 1993 (20:1 Md. R. 27)

Regulation .02 amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509)

Regulation .02O amended effective March 15, 2004 (31:5 Md. R. 450)

Regulation .03D amended and .03E and F adopted effective August 30, 1993 (20:17 Md. R. 1346)

Regulation .03E amended effective December 22, 2003 (30:25 Md. R. 1848)

Regulation .05J amended effective March 9, 2009 (36:5 Md. R. 423)

Regulation .05K adopted effective October 7, 1996 (23:20 Md. R. 1424)

Regulation .06C amended effective August 30, 1993 (20:17 Md. R. 1346)

Regulation .08 adopted effective August 30, 1993 (20:17 Md. R. 1346)

Regulation .09 adopted effective September 12, 1994 (21:18 Md. R. 1509)