(a) Time for filing.- Within 10 days after receiving a decision under § 5-212 of this subtitle, a complainant may appeal the decision in writing to the Secretary.
(b) Duties of Coordinator and Secretary.- Within 30 days after an appeal is received:
(1) the Coordinator:
(i) shall review the complaint and the decision being appealed;
(ii) may conduct any necessary investigation; and
(iii) shall recommend to the Secretary or designee a finding of whether a violation of this subtitle has occurred; and
(2) the Secretary or designee shall:
(i) take the action described in subsection (c)(1) or (c)(2) of this section; and
(ii) issue to the parties a written decision that includes notice of any remedial action taken.
(c) Disposition by Secretary.-
(1) If the Secretary or designee determines that a violation has not occurred, the Secretary or designee shall dismiss the complaint.
(2) If the Secretary or designee determines that a violation has occurred, the Secretary or designee shall take appropriate remedial action.
(d) Permissible remedial actions.- As remedial action for a violation of § 5-208 of this subtitle, the Secretary or designee may:
(1) order the removal of detrimental information from the complainant's State personnel records;
(2) require the head of the principal unit to:
(i) hire, promote, or reinstate the complainant or end the complainant's suspension from employment;
(ii) award the complainant back pay up to the day of the violation;
(iii) grant the complainant leave or seniority;
(iv) take appropriate disciplinary action against any individual who caused the violation; or
(v) take any other remedial action that the Secretary or designee considers appropriate.
(e) Finality.- The decision of the Secretary or designee is final.
(a) Time for filing.- Within 10 days after receiving a decision under § 5-212 of this subtitle, a complainant may appeal the decision in writing to the Secretary.
(b) Duties of Coordinator and Secretary.- Within 30 days after an appeal is received:
(1) the Coordinator:
(i) shall review the complaint and the decision being appealed;
(ii) may conduct any necessary investigation; and
(iii) shall recommend to the Secretary or designee a finding of whether a violation of this subtitle has occurred; and
(2) the Secretary or designee shall:
(i) take the action described in subsection (c)(1) or (c)(2) of this section; and
(ii) issue to the parties a written decision that includes notice of any remedial action taken.
(c) Disposition by Secretary.-
(1) If the Secretary or designee determines that a violation has not occurred, the Secretary or designee shall dismiss the complaint.
(2) If the Secretary or designee determines that a violation has occurred, the Secretary or designee shall take appropriate remedial action.
(d) Permissible remedial actions.- As remedial action for a violation of § 5-208 of this subtitle, the Secretary or designee may:
(1) order the removal of detrimental information from the complainant's State personnel records;
(2) require the head of the principal unit to:
(i) hire, promote, or reinstate the complainant or end the complainant's suspension from employment;
(ii) award the complainant back pay up to the day of the violation;
(iii) grant the complainant leave or seniority;
(iv) take appropriate disciplinary action against any individual who caused the violation; or
(v) take any other remedial action that the Secretary or designee considers appropriate.
(e) Finality.- The decision of the Secretary or designee is final.
(a) Time for filing.- Within 10 days after receiving a decision under § 5-212 of this subtitle, a complainant may appeal the decision in writing to the Secretary.
(b) Duties of Coordinator and Secretary.- Within 30 days after an appeal is received:
(1) the Coordinator:
(i) shall review the complaint and the decision being appealed;
(ii) may conduct any necessary investigation; and
(iii) shall recommend to the Secretary or designee a finding of whether a violation of this subtitle has occurred; and
(2) the Secretary or designee shall:
(i) take the action described in subsection (c)(1) or (c)(2) of this section; and
(ii) issue to the parties a written decision that includes notice of any remedial action taken.
(c) Disposition by Secretary.-
(1) If the Secretary or designee determines that a violation has not occurred, the Secretary or designee shall dismiss the complaint.
(2) If the Secretary or designee determines that a violation has occurred, the Secretary or designee shall take appropriate remedial action.
(d) Permissible remedial actions.- As remedial action for a violation of § 5-208 of this subtitle, the Secretary or designee may:
(1) order the removal of detrimental information from the complainant's State personnel records;
(2) require the head of the principal unit to:
(i) hire, promote, or reinstate the complainant or end the complainant's suspension from employment;
(ii) award the complainant back pay up to the day of the violation;
(iii) grant the complainant leave or seniority;
(iv) take appropriate disciplinary action against any individual who caused the violation; or
(v) take any other remedial action that the Secretary or designee considers appropriate.
(e) Finality.- The decision of the Secretary or designee is final.
