Fisher v. E. Corr. Inst.
Annotate this CaseIn December 2008, State Employee was notified that her employment was terminated. Employee submitted a timely written appeal of her termination to the secretary of her agency. In August 2009, when Employee received no response to her repeated requests for a decision, Employee sought to have the matter appealed to the Secretary of the Department of Budget and Management (DBM). The Secretary forwarded the appeal to the Office of Administrative Hearings. The ALJ dismissed the appeal pursuant to several provisions of the State Personnel Management System. The circuit court and court of special appeals affirmed. At issue before the Court of Appeals was how the provisions of the State Personnel Management System are to be implemented when, as here, a terminated employee notes a timely appeal to the head of the principal unit and the head of the principal unit fails within fifteen days thereafter to issue a written decision. The Court of Appeals affirmed, holding that a state employee in this circumstance must assume at the end of the fifteen-day period that the appeal has been denied and take any further appeal within ten days thereafter.
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