{"data":{"id":"us-md/md.-code-state-personnel-and-pensions-5-309","jurisdiction":"us-md","citation":"Md. Code, State Personnel and Pensions § 5–309","heading":"","body":"(a) (1) An employee subject to this subtitle may file with the Secretary a complaint that alleges a violation of § 5-305 of this subtitle.\n(2) A complaint under this subtitle must be filed within 6 months after the complainant first knew of or reasonably should have known of the violation.\n(b) When a complaint is received, the Secretary or designee promptly shall:\n(1) send a copy of the complaint to the head of the principal unit named in the complaint; and\n(2) advise the head of the principal unit to respond in writing to the complaint within 20 days after receiving the copy.\n(c) Within 60 days after a complaint is received:\n(1) the complaint shall be investigated to determine whether a violation of § 5-305 of this subtitle has occurred:\n(i) by the Secretary or designee of the Secretary; or\n(ii) if the Department is charged in the complaint, by a designee of the Governor; and\n(2) the Secretary or designee or the Governor's designee shall:\n(i) take the action described in subsection (d)(1) or (2) of this section; and\n(ii) issue to the complainant and head of the principal unit a written decision that includes any remedial action taken.\n(d) (1) If the Secretary or designee or the Governor's designee determines that a violation has not occurred, the Secretary or Governor's designee shall dismiss the complaint.\n(2) If the Secretary or designee or the Governor's designee determines that a violation has occurred, the Secretary or designee shall take appropriate remedial action.\n(e) As a remedial action for a violation of § 5-305 of this subtitle, the Secretary or designee may:\n(1) order the removal of any related detrimental information from the complainant's State personnel records;\n(2) require the head of the principal unit to:\n(i) hire, promote, or reinstate the complainant or end the complainant's suspension from employment;\n(ii) award the complainant back pay to the day of the violation;\n(iii) grant the complainant leave or seniority;\n(iv) take appropriate disciplinary action against any individual who caused the violation; and\n(v) take any other remedial action consistent with the purposes of this subtitle.","path":["Article - State Personnel and Pensions"],"source_url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gsp\u0026section=5-309","current_through":"2026-01-01","vintage":"","retrieved_at":"2026-09-14T20:01:07Z","sha256":"4c86df861a00df8c6f6545f732406117ad5484d4050c1eb5b8c339344e04f0aa","source_id":"us-md","stale":false,"prev":"us-md/md.-code-state-personnel-and-pensions-5-308","next":"us-md/md.-code-state-personnel-and-pensions-5-310"},"notice":"GroundRules: Original legal text. Not legal advice."}