(a) (1) Issuing a counseling memorandum is an instructional communication and is not a disciplinary action within the meaning of this subtitle. (2) Within 5 days after receiving a counseling memorandum, an employee may submit to the employees appointing authority a written response to the memorandum. The response shall be placed in the employees file and attached to any record of the memorandum. (3) An employee may not take any other action in response to a counseling memorandum. (b) (1) Placing