1. A. The appointing authority shall select, as provided in State Personnel and Pensions Article, §7-209, Annotated Code of Maryland, the individual or individuals to be appointed from a list of eligible candidates.

2. B. Promotion.

   1. (1) An appointing authority may fill a vacancy by selection of promotional candidates from any certified list of eligible candidates in accordance with State Personnel and Pensions Article, Title 7, Subtitle 2, Annotated Code of Maryland.

   2. (2) An appointing authority may select from:

      1. (a) Employees of the appointing authority;
      2. (b) Other employees within the same principal department as the appointing authority; or
      3. (c) All other employees certified as promotional.

3. C. Background Investigations.

   1. (1) The appointing authority shall determine the necessity of investigating the background of an 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. (2) An individual who is a prospective or current employee for a position for which the job duties include access to federal tax information may be deemed to have failed a background investigation or criminal history records check if that individual’s background investigation or criminal history records check reveals a record of conviction for crimes of fraud, theft, or any other conviction that the appointing authority has reason to believe makes the individual unfit or otherwise unqualified to have access to federal tax information.

   3. (3) In conducting the background investigation, the appointing authority shall:

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

         1. (i) A background investigation may be conducted, and
         2. (ii) Consequences for fraudulent or false information may include but are not limited to nonselection, decertification, termination of employment in situations where employment has begun, notification to the Secretary, and criminal prosecution;
      2. (b) Obtain a release of information form signed by the eligible individual;
      3. (c) Take any other appropriate action.

   4. (4) If the Secretary or the appointing authority discovers that the individual provided fraudulent information in taking an examination or in any part of the appointment process, the Secretary or appointing authority may take any of the following actions:

      1. (a) Revoke the person's eligibility;
      2. (b) Withdraw the offer; or
      3. (c) Take any other action the Secretary deems appropriate.
4. D. The appointing authority shall report to the Secretary the appointment of each selected eligible, together with the required supporting documents, in a timely manner.

Authority: State Personnel and Pensions Article, §7-104 and Titles 4, 6, 11, and 13, Annotated Code of Maryland

Effective date:

Regulations .01—.21 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)

For a history of State Personnel Regulations before February 12, 1997, see the prior version of COMAR Title 06 or contact the Maryland State Archives for assistance.

Regulation .17F amended effective September 15, 2003 (30:18 Md. R. 1260)

Chapter revised effective December 28, 2009 (36:26 Md. R. 1998)

Regulation .10C amended effective August 13, 2018 (45:16 Md. R. 775)