Md. Code Regs. 12.10.01.04

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

Section 12.10.01.04 - Selection Standards for Appointment to a Mandated Position and Documentation Requirements

A. Age. An applicant shall be 18 years old or older:

(1) On the date of provisional appointment; or

(2) To begin entrance-level training for a mandated position.

B. Citizenship.

(1) An applicant shall:

(a) Be a United States citizen or a resident alien; and

(b) Submit proof of citizenship or resident alien status to the hiring correctional unit.

(2) If the applicant is a resident alien, an agency head shall submit a copy of the applicant's identification card or other official documentation issued by Immigration and Customs Enforcement of the United States Department of Homeland Security with the AFC.

C. Education Requirements.

(1) Correctional Officer, Monitor, or Youth Supervisor.

(a) An applicant for a mandated position classified as a correctional officer, monitor, or resident advisor shall possess a:

(i) High school diploma issued by a high school or recognized by the State Board of Education; or

(ii) General Educational Development (GED) certificate or diploma issued by another state or recognized by the State Board of Education.

(b) An agency head may accept a baccalaureate degree from an accredited college or university recognized by the Maryland Higher Education Commission in place of the high school diploma required under §C(1)(a) of this regulation.

(c) In the absence of a copy of a diploma, an agency head may accept a certified transcript indicating that an individual successfully completed the requirements for graduation from a high school or college under §C(1) of this regulation.

(d) If an applicant required to submit proof of education under §C(1)(a) of this regulation received a General Educational Development (GED) certificate or diploma outside Maryland or while in the military service and no certificate or diploma was issued, an agency head may accept a copy of the GED test scores that meet requirements established by the State Board of Education.

(2) Classification Counselor or Parole and Probation Agent. An applicant for a mandated position classified as a classification counselor or parole and probation agent shall possess a baccalaureate degree from an accredited college or university recognized by the Maryland Higher Education Commission.

(3) Institutional Support Staff. An agency head shall establish the educational requirements for a mandated position classified as institutional support staff.

(4) Case Management Specialist (CMS). An applicant for a mandated position classified as a case management specialist shall possess at least:

(a) A baccalaureate degree from an accredited college or university recognized by the Maryland Higher Education Commission; or

(b) An associate of arts degree from an accredited college or university recognized by the Maryland Higher Education Commission and a minimum of 2 years experience providing direct service to delinquent, emotionally disturbed, socially maladjusted, victimized, or exceptional children.

(5) Juvenile Services Support Staff. The Department of Juvenile Services shall establish the educational requirements for a mandated position classified as juvenile services support staff.

(6) Documenting and Reporting Education Requirements.

(a) An agency head shall maintain a copy of an appropriate diploma or other acceptable documentation submitted by the applicant demonstrating that the applicant meets the education requirements for a mandated position under §C of this regulation.

(b) An agency head shall include information indicating that the applicant for employment in a mandated position meets the education requirements under §C of this regulation on the AFC form.

D. Background Investigation and Criminal History Record Check.

(1) An agency head, or a designee, shall perform a background investigation and criminal history record check of an applicant for a mandated position.

(2) An agency head, or a designee, shall include in the criminal history record check a fingerprint check as required under Regulation .05 of this chapter.

E. Physical and Mental Health Examinations.

(1) Physical Examinations.

(a) An agency head shall:

(i) Require that an applicant is examined by a licensed, trained, and qualified medical health care professional; and

(ii) Receive a positive recommendation from the medical health care professional.

(b) To be eligible for certification in a mandated position, the medical health care professional's recommendation shall indicate that the applicant is physically able to:

(i) Perform duties of the mandated position for which the applicant is applying as determined by a correctional unit;

(ii) Participate in the entrance-level training required by the Commission for the mandated position for which the individual is applying; and

(iii) Participate in training required by the correctional unit.

(2) Mental Health Examination.

(a) An agency head shall:

(i) Require that an applicant is examined by a licensed, trained, and qualified mental health care professional; and

(ii) Receive a positive recommendation from the mental health care professional.

(b) To be eligible for certification in a mandated position, the mental health care professional's recommendation shall indicate that the applicant is:

(i) Emotionally and mentally fit; and

(ii) Able to perform duties of the mandated position for which the applicant is applying as determined by a correctional unit.

(3) Certification of Medical and Mental Health Examination Results.

(a) An agency head shall provide the following information concerning an applicant's medical and mental health examination with the AFC:

(i) The names of the licensed medical and mental health care professionals performing the examinations; and

(ii) The date the medical and mental health examinations were performed.

(b) An agency head shall retain and maintain documentation concerning an applicant's medical and mental health examinations according to statutory and regulatory requirements.

F. Oral Interview.

(1) An agency head, or a designee, shall:

(a) Require that an applicant for a mandated position participates in an oral interview to assess the applicant's ability to communicate; and

(b) Include the name of the individual conducting the oral interview and the date of the interview on the AFC.

(2) An agency head, or a designee, shall maintain a record of the interview.

G. Drug Screening.

(1) An agency head shall require that an applicant for a mandated position submits to a drug screening to test for controlled dangerous substances, narcotic drugs, and marijuana according to Regulation .21 of this chapter.

(2) The agency head, or a designee, shall maintain a record of the drug screening test results and include the drug screen test results on the AFC.

(3) If the drug screening test results exceed the levels specified under Regulation .21of this chapter, the Commission may not certify the individual in the mandated position, unless the positive drug screening test for a controlled dangerous substance, narcotic drug, or marijuana is determined to be the result of a legitimate ingestion or exposure as provided under Regulation .21 of this chapter.

H. This regulation does not prohibit an agency head from establishing more restrictive standards than Commission standards for certifying an individual in a mandated position.

I. An agency head may submit a request for a waiver of the minimum standards under this regulation according to requirements under Regulation .19 of this chapter.

Md. Code Regs. 12.10.01.04

Regulation .04 amended effective December 1, 1986 (13:24 Md. R. 2560); February 19, 1990 (17:3 Md. R. 301)
Regulation .04C, E amended effective July 1, 2000 (27:10 Md. R. 967)
Regulations .04 amended effective March 10, 1978 (5:5 Md. R. 325)
Regulation .04C amended effective September 13, 2004 (31:18 Md. R. 1351)
Regulation .04C amended effective 41:3 Md. R. 202, eff.2/17/2014 ; amended effective 44:20 Md. R. 945, eff. 10/9/2017