Maryland State Personnel and Pensions Section 12-402

Article - State Personnel and Pensions

§ 12-402.

      (a)      Except as provided in subsection (b) of this section, the remedies available to a grievant under this title are limited to the restoration of the rights, pay, status, or benefits that the grievant otherwise would have had if the contested policy, procedure, or regulation had been applied appropriately as determined by the final decision maker.

      (b)      (1)      A decision maker at Step Two or Step Three of the grievance procedure may order an appointing authority to grant back pay.

            (2)      (i)      In a reclassification grievance back pay may be awarded for a period not exceeding 1 year before the grievance procedure was initiated.

                  (ii)      A back pay order under this paragraph is in the discretion of the Secretary and the Office of Administrative Hearings.

            (3)      Subject to the limitations in Title 14, Subtitle 2 of this article, an appointing authority shall carry out a back pay order issued under this subsection.



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