Md. Code Regs. 21.11.04.01

Current through Register Vol. 51, No. 12, June 14, 2024

Section 21.11.04.01 - Definitions

A. In this chapter, the following words have the meanings indicated.

B. Terms Defined.

(1) "Administration" means any one of the following units of the Department of Transportation:

(a) Maryland Port Administration;

(b) Motor Vehicle Administration;

(c) State Aviation Administration;

(d) State Highway Administration;

(e) Maryland Transportation Authority;

(f) Mass Transit Administration;

(g) State Railroad Administration; and

(h) Office of Assistant Secretary, Administration.

(2) "Administration Equal Opportunity (EO) Officer" means an employee of the Department skilled in civil rights policies, practices, procedures, and equal opportunity compliance review and evaluation functions.

(3) "Administrator" means the chief executive officer of an administration.

(4) "Affirmative actions" means the efforts exerted toward achieving equal employment opportunity (EEO) through positive, aggressive, and continuous results-oriented measures to correct past and present discriminatory practices and their effects on the conditions and privileges of employment.

(5) "Board representative" means the official appointed by the Board to review contractor affirmative action plans.

(6) "Certification" means the action by which the Board Representative acknowledges that the contractor's affirmative action plan meets the requirements as presented by Article III, §C of the Governor's Amended Code of Fair Practices.

(7) "Community resources list" means a compilation of local or State-wide organizations, agencies, community groups, and leaders, prepared as a guide for use by a contractor in implementing the contractor's affirmative action plan.

(8) "Contractor affirmative action plan compliance monitoring process" means the procedure used by the Department to assure that contractors are complying with their affirmative action requirements.

(9) "Corrective action" means specific actions, as included in the contractor's written and signed commitment to be taken with time limits and goals, to remedy a violation of applicable equal employment opportunity regulations.

(10) "Discrimination" means a distinction in treatment, whether intentional or unintentional, based on political or religious opinion or affiliation, race, color, creed, national origin, sex, physical or mental handicap, or age, except when sex, handicap, or age involves a bona fide job requirement.

(11) "Equal employment opportunity requirements" means all contract provisions relative to equal employment opportunity.

(12) "Equal employment opportunity (EEO)" means the absence of partiality or distinction in employment treatment, so that the rights of all persons to work and advance on the basis of merit, ability, and potential are maintained.

(13) "E.E.O.C." means the Federal Equal Employment Opportunity Commission.

(14) "Equal opportunity compliance review" means an evaluation and determination of a contractor's or subcontractor's compliance with equal opportunity requirements.

(15) "Good faith effort" means a results-oriented positive action designed to achieve an affirmative action objective or goal.

(16) "Office of the Secretary, Contract Staff" means the unit within the Office of the Secretary responsible for meeting with the Board on contractual matters other than certification as defined above.

(17) "Show cause notice" means a written notification to a contractor based on the determination of an equal-opportunity officer indicating non-compliance with the equal opportunity requirements as provided for in the special provisions of the bid document, and the contractor's affirmative action plan, and Article III of the Executive Order promulgating the Code of Fair Practices (amended).

(18) "Special provisions respecting contractor affirmative action plans" means the equal opportunity requirements which, when translated into an affirmative action plan, legally obligates the contractor to take affirmative actions as provided for in the contractor's affirmative action plan.

Md. Code Regs. 21.11.04.01

Effective date: July 1, 1981 (8:13 Md. R. II-5) Regulations .01 amended effective January 9, 1989 (15:27 Md. R. 3138); amended effective 49:9 Md. R.531, eff. 5/2/2022