Section 5-308 – Representation; Finality of Decision; Resolution of Complaint
(a) (1) A complainant may be represented during the complaint process by any person the complainant chooses. (2) Either party may be represented at a hearing by counsel. (b) (1) If a complainant fails to appeal a decision in accordance with this subtitle, the complainant is considered to have accepted the decision. (2) A failure to decide a complaint in accordance […]
Section 5-309 – Filing of Complaints; Actions on Complaint
(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. (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. (b) When a complaint is received, the Secretary […]
Section 5-310 – Appeals
(a) A complainant may appeal to the Office of Administrative Hearings: (1) within 10 days after receiving a decision under § 5-309 of this subtitle; or (2) when a decision is not issued within 60 days after the complaint is filed and the complainant requests a hearing. (b) (1) The Office of Administrative Hearings shall conduct a hearing on each […]
Section 5-311 – Costs and Attorney’s Fees
After reviewing a final decision under this subtitle, the court may award costs of litigation and reasonable attorney’s fees to a prevailing complainant and any other appropriate relief.
Section 5-312 – Referral of Suspected Criminal Conduct
If, during an investigation under § 5-309(c) of this subtitle, the Secretary or Governor’s designee finds that reasonable grounds exist to believe that a crime has been committed, the Secretary or Governor’s designee shall: (1) promptly refer the matter to an appropriate prosecutor; (2) make all pertinent evidence available to the prosecutor; and (3) send to the individual […]
Section 5-313 – Disclosure of Protected Information to Attorney General
For purposes of this subtitle, the Attorney General shall: (1) designate an assistant Attorney General to receive from applicants and employees any information the disclosure of which is otherwise protected by law; (2) investigate each allegation of illegality or impropriety; (3) take appropriate legal action; and (4) if the investigation concerns an allegation of illegality or impropriety in the […]
Section 5-314 – Confidentiality of Information Obtained Through Investigation
Information obtained as part of an investigation conducted under this subtitle is confidential within the meaning of Title 4 of the General Provisions Article.
Section 5-401 – Mental Health Support Services for Traumatic Events
(a) (1) In this subtitle the following words have the meanings indicated. (2) “State facility” has the meaning stated in § 8–306(a) of the State Government Article. (3) “Unit” means a unit of the Executive Branch of State government. (b) If a traumatic event occurs in a State facility of a unit and results in the death of an individual, […]
Section 5-303 – Regulations
The Secretary shall adopt regulations for processing and resolving complaints brought under this subtitle.
Section 5-203 – Election to Pursue Allegation Under Complaint Resolution Procedures
Except as provided in § 5–209 of this subtitle, in addition to any right to file an employment discrimination complaint with the Commission on Civil Rights, with the Equal Employment Opportunity Commission, or in court, an employee may elect to pursue an allegation of employment discrimination under the complaint resolution procedures of this subtitle.