- A. Scope. This regulation applies to an employee in the skilled and professional services. It does not apply to an employee under special appointment or an employee on initial probation.
- B. Consideration of Mitigating Evidence. Except for automatic terminations under State Personnel and Pensions Article, §11-105, Annotated Code of Maryland, the appointing authority, head of the principal unit, the Secretary, and the Office of Administrative Hearings shall consider mitigating circumstances when determining the appropriate discipline.
- C. The Office of Administrative Hearings may not change the discipline imposed by the appointing authority, as modified by the head of the principal unit or Secretary, unless the discipline imposed was clearly an abuse of discretion and clearly unreasonable under the circumstances.
Authority: State Personnel and Pensions Article, §4-106 and Title 11, Annotated Code of Maryland
Effective date:
Regulations .01—.06 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 .03G amended effective January 24, 2011 (38:2 Md. R. 85)