2021 Maryland Statutes
State Personnel and Pensions
Division I - State Personnel
Title 7 - Employment in the State Personnel Management System
Subtitle 2 - Appointment in Skilled Service and Professional Service
Section 7-203 - Selection of Candidates

    (a)    An appointing authority may select candidates for a position:

        (1)    from an existing list of eligible candidates;

        (2)    if the appointing authority decides to recruit for the position, by recruitment;

        (3)    from a special list of eligible candidates whom the Division of Rehabilitation Services of the Department of Education certifies as being physically capable and adequately trained to qualify for the position;

        (4)    from a list of contractual employees performing the same or similar duties of the position; or

        (5)    as provided in subsection (b) of this section.

    (b)    (1)    An appointing authority may select a disabled veteran for a position if:

            (i)    the disabled veteran:

                1.    served in any branch of the armed forces of the United States; and

                2.    A.    is included on a United States armed forces permanent disability list with a disability rating of at least 30%; or

                B.    has been rated by the United States Department of Veterans Affairs as having a compensable service–connected disability of at least 30%;

            (ii)    the disabled veteran presents to the appointing authority written documentation:

                1.    issued by an appropriate department of the federal government within the year preceding selection; and

                2.    certifying the existence and extent of the veteran’s disability;

            (iii)    the appointing authority determines that the disabled veteran is qualified to perform the duties and responsibilities of the position;

            (iv)    the appointing authority notifies the Secretary in writing that the position is to be filled by a disabled veteran on a noncompetitive basis in accordance with this subsection; and

            (v)    the disabled veteran does not hold a permanent appointment or have mandatory reinstatement rights to a permanent appointment.

        (2)    The requirements of § 7–209 of this subtitle do not apply to a disabled veteran selected for a vacant position under paragraph (1) of this subsection.

        (3)    If an appointing authority elects to select a disabled veteran for a vacant position under paragraph (1) of this subsection, the appointing authority may interview any disabled veteran who:

            (i)    has expressed an interest to the appointing authority in applying for the position; and

            (ii)    satisfies the requirements under paragraph (1) of this subsection.

        (4)    Except as provided in paragraph (3) of this subsection, if an appointing authority elects to select a disabled veteran for a vacant position under paragraph (1) of this subsection, the appointing authority is not required to interview any other qualified applicants for appointment to the position.

        (5)    This subsection does not require an appointing authority to select a disabled veteran for a vacant position or prohibit an appointing authority from filling a vacant position in accordance with the requirements of this subtitle.

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