2010 Maryland Code
STATE PERSONNEL AND PENSIONS
TITLE 11 - DISCIPLINARY ACTIONS, LAYOFFS, AND EMPLOYMENT TERMINATIONS IN STATE PERSONNEL MANAGEMENT SYSTEM
Subtitle 1 - Disciplinary Actions
Section 11-103 - Miscellaneous provisions.

§ 11-103. Miscellaneous provisions.
 

(a)  Standard of proof.- Except as otherwise provided, the appointing authority has the burden of proof by a preponderance of the evidence in any proceeding under this subtitle. The head of a principal unit, the Secretary, and the Office of Administrative Hearings shall apply that standard of proof in appeals under this subtitle. 

(b)  Limits on additional disciplinary action.- After taking a disciplinary action against an employee, an appointing authority may not impose an additional disciplinary action against that employee for the same conduct unless additional information is made known to the appointing authority after the disciplinary action was taken. 

(c)  Suspension of exempt employee.- The suspension of an employee who is exempt from the overtime pay requirements of the Fair Labor Standards Act, and under any changes to the Fair Labor Standards Act, shall be done so that the employee's overtime exemption will not be lost. 

(d)  Representation of employee during appeal.- An employee may choose any person to assist or represent the employee during an appeal under this subtitle and shall notify the employer of that choice. 
 

[1996, ch. 347, § 1.] 
 

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