Md. Code Regs. 12.10.01.02

Current through Register Vol. 51, No. 18, September 6, 2024

Section 12.10.01.02 - Processing and Reporting Employment Status

A. Completion of the Application for Certification (AFC).

(1) An agency head shall complete an AFC for a correctional officer, classification counselor, institutional support staff, monitor, parole and probation agent, or Department of Juvenile Services employee to apply for certification to a mandated position.

(2) An agency head is responsible for:

(a) Accurately completing the AFC; and

(b) Submitting the AFC to the Commission.

(3) An agency head shall:

(a) Sign the AFC certifying that Commission selection standards have been met; and

(b) Include the date the individual completed the certification requirements.

(4) False or misrepresented information on the AFC is a basis for rejection or revocation of certification by the Commission and may be the basis for administrative or legal action.

B. Filing the AFC.

(1) An agency head shall submit the AFC to the Commission within 1 year after the individual has met each applicable selection standard under Regulation .04 or .08 of this chapter.

(2) The Commission:

(a) Shall issue a provisional appointment for the individual in the mandated position after receipt of a properly completed AFC indicating:

(i) The individual has met each applicable Commission selection standard under Regulation .04 or .08 of this chapter; and

(ii) Each applicable Commission selection standard was met within 1 year before the AFC was submitted to the Commission; or

(b) May certify the individual in the mandated position after receipt of a properly completed AFC indicating completion of the requirements under §B(2)(a) of this regulation and mandated employee entrance-level training requirements under Regulation .09 of this chapter.

(3) An individual for whom an agency head has submitted an AFC in a mandated position may not legally exercise the duties of a mandated position until the individual receives a provisional certification from, or is certified by the Commission.

C. Notification of Change in Employment or Certification Status.

(1) An agency head shall notify the Commission in writing when a mandated employee:

(a) Is separated from employment in a mandated position by death, retirement, dismissal, or resignation;

(b) Is transferred to a different type of mandated position within the correctional unit;

(c) Changes a legal name;

(d) Is promoted to a first-line supervisor;

(e) Is promoted to a first-line administrator; or

(f) Is placed on nonofficer status for more than 30 days when that status prevents the mandated employee from meeting the Commission's training requirements.

(2) An agency head shall report a change in a mandated employee's employment status under this section within 30 days of the change in a format or on a form approved by the Commission.

(3) An agency head shall include in the notification required under §C(1) of this regulation:

(a) The mandated employee's name and Commission-assigned identification number;

(b) The date of the action;

(c) A statement indicating the change in status; and

(d) In a case of separation from employment with a correctional unit or from a mandated position or placement on nonofficer status, information indicating whether at the time of the separation or placement on nonofficer status the mandated employee was under:

(i) Criminal or administrative investigation;

(ii) Indictment;

(iii) Formal charges;

(iv) Suspension; or

(v) Other similar action.

(4) Criminal Charges.

(a) An agency head shall notify the Commission when a mandated employee:

(i) Is convicted of a felony;

(ii) Is convicted of a misdemeanor punishable by imprisonment for 1 year or more;

(iii) Serves a term of incarceration for a conviction of a misdemeanor offense;

(iv) Serves a term of incarceration as a condition of probation for a felony or misdemeanor criminal offense; or

(v) Is separated from employment with a correctional unit or from a mandated position while criminal charges filed against the employee were pending and any pending charge was a felony or misdemeanor punishable by imprisonment for 1 year or more.

(b) An agency head shall include in the notification required under §C(4)(a) of this regulation information concerning the conviction, term of incarceration, or allegations being reported.

(c) An agency head shall submit the notification under §C(4)(a) of this regulation to the Commission in a format or on a form approved by the Commission within 10 days of the date:

(i) A conviction or term of incarceration under §C(4)(a)(i), (ii), (iii), or (iv) of this regulation became known to the agency head;

(ii) The mandated employee is separated from employment with a correctional unit or a mandated position; or

(iii) A mandated employee is placed on nonofficer status because the individual has been charged with a crime under §C(4)(a)(i) or (ii) of this regulation.

(5) An agency head shall make the notification required under §C(4)(a) of this regulation regardless of the outcome of administrative plea negotiation.

(6) Audit and Records.

(a) The Commission has the legal authority to audit records of reporting requirements, selection standards and training provided according to this chapter.

(b) A correctional unit or academy shall retain records of an individual's:

(i) Training for a minimum of 3 years from the date the individual completed the training; and

(ii) Selection standards for a minimum of 5 years from the date an application for certification or recertification is submitted on behalf of the individual.

Md. Code Regs. 12.10.01.02

Regulations .02 amended effective March 10, 1978 (5:5 Md. R. 325)
Regulation .02 amended effective February 19, 1990 (17:3 Md. R. 301)
Regulation .02B amended effective July 2, 1984 (11:13 Md. R. 1177); July 13, 1986 (13:14 Md. R. 1634)
Regulation .02B, C amended effective June 20, 1994 (21:12 Md. R. 1062)
Regulations .02 repealed and new Regulations .02 adopted effective October 20, 1997 (24:21 Md. R. 1451)
Regulation .02A amended effective September 13, 2004 (31:18 Md. R. 1351)
Regulation .02B amended effective December 11, 2014 (41:24 Md. R. 1428)
Regulation .02C amended effective February 17, 2014 (41:3 Md. R. 202); August 18, 2014 (41:16 Md. R. 947)
Regulation .02 amended effective 42:17 Md. R. 1111, eff.8/31/2015