Md. Code Regs. 11.02.01.02

Current through Register Vol. 51, No. 22, November 1, 2024

Section 11.02.01.02 - Definitions

A. In this subtitle, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Administration" means the:

(a) Maryland Aviation Administration;

(b) Motor Vehicle Administration;

(c) State Highway Administration;

(d) Maryland Transportation Authority;

(e) Maryland Port Administration;

(f) Maryland Transit Administration; and

(g) Secretary's Office.

(2) "Administrator" means the:

(a) Secretary of Transportation;

(b) Deputy Secretary of Transportation;

(c) Administrators of the:

(i) Maryland Transit Administration,

(ii) Motor Vehicle Administration, and

(iii) State Highway Administration;

(d) Executive Director of the Maryland Aviation Administration;

(e) Executive Director of the Maryland Port Administration; and

(f) Executive Director of the Maryland Transportation Authority.

(2-1) "AG employee" means an employee who is compensated by the Department and who serves at the pleasure of and whose level of compensation is governed by the Attorney General.

(3) "Appointing authority" means the Secretary or the Secretary's designee.

(4) "Appointment" means the filling of a vacant position.

(5) Career Service Employee.

(a) "Career Service employee" means an employee of the Transportation Service who has been selected competitively and who, after completion of probation, may be dismissed only for cause.

(b) Notwithstanding the provisions of §B(16) of this regulation, "Career Service employees" includes secretarial staff who provide direct staff support to the offices of the administrators and who, immediately before the date of their conversion into Transportation Service, were:

(i) Classified service employees in the State Personnel Management System; or

(ii) Employees of the Maryland Transportation Authority, the Maryland Port Administration, or the Maryland Transit Administration, and who were removable only for cause.

(6) "Class" or "classification" means a grouping of one or more positions sufficiently similar with respect to duties, responsibilities, and qualifications so that the same descriptive title may be used to designate each position in that grouping.

(7) "Commission Plan employee" means an employee engaged in a marketing or sales activity, whose compensation method is based upon private sector practices for sales and marketing positions, and who serves at the pleasure of the appointing authority.

(8) "Contractual employee" means an employee whose conditions of employment and compensation are specified in a personal services contract.

(9) "Conversion" means the movement of individuals who are Department of Transportation employees into the Transportation Service, regardless of whether it is by simultaneous movement of employee and position, or by movement of an employee into a vacant position.

(10) "Day" means calendar day, unless otherwise defined in this subtitle.

(11) "Demotion" means a change from one class to another with a lower maximum rate of compensation which may result in the reduction of an employee's wages or salary.

(12) "Department" means the Maryland Department of Transportation, including the administrations.

(13) "Deputy Secretary" means the Deputy Secretary of Transportation.

(14) "Designee" means the representative of an appointing authority who has been delegated in writing certain powers of the appointing authority.

(15) "Emergency employee" means an employee who is hired for a period not to exceed 90 days and who does not receive leave or other fringe benefits.

(16) "Executive Service employee" means an employee of the Transportation Service who:

(a) Serves at the pleasure of the appointing authority; and

(b) Is compensated on either the executive or standard salary schedules of the Department, and either:

(i) Staffs a significant policy role,

(ii) Staffs a position that requires expert, unique, or specialized training or qualifications to which the Career Service selection procedures set forth in COMAR 11.02.02.02 do not apply or are not practical, or

(iii) Provides direct staff support to the offices of the administrators.

(17) "Fringe benefits" means any form of noncash compensation including, but not limited to, health insurance subsidies, retirement, or pension benefits.

(18) "Grievance" means a cause of complaint, unless otherwise provided for by law or regulation, arising between a Transportation Service employee and the Department of Transportation over the interpretation and application of Department regulations, rules, or policies over which management has control.

(19) "List of eligibles" means a list of applicants whose eligibility for employment in a specific classification has been certified as candidates by an MDOT Human Resources Office.

(20) "Party" means an employee having a grievance or other right of appeal under this subtitle or the employee's appointing authority or designee, or both.

(21) "Position" means a set of duties and responsibilities for a job funded under an approved budget and having an assigned position identification number (PIN).

(22) "Probation" means a trial work period at the beginning of an employee's tenure in a position during which an employee is evaluated.

(23) "Promotion" means a change from the current position into a vacant position in a different classification that has a higher maximum rate of compensation.

(24) "Reassignment" means the movement of a Transportation Service employee within an administration.

(25) "Reclassification" means the change of a position from one class to another class which more appropriately reflects the duties of the position and which may be at a higher, lower, or the same salary scale as the former position.

(26) "Reinstatement" means the reemployment of an individual who separated in good standing from the Department and the restoration of certain salary and leave benefits.

(27) "Secretary" means the Secretary of Transportation.

(28) "Temporary employee" means an employee who is hired for a limited period of time and who does not receive leave or other fringe benefits.

(29) "Transfer" means the movement of a Transportation Service employee between administrations.

Md. Code Regs. 11.02.01.02

Regulation .02B amended effective September 12, 1994 (21:18 Md. R. 1509); March 25, 1996 (23:6 Md. R. 476); October 7, 1996 (23:20 Md. R. 1424); March 26, 2007 (34:6 Md. R. 627)
Regulation .02 amended effective 41:21 Md. R. 1260, eff.10/27/2014