Sec. 12.10.01.03. Provisional Appointment

A. The Commission may grant a provisional appointment to a mandated employee after the individual meets the applicable selection standards under Regulation .04 or .08 of this chapter.

B. An individual may not:

(1) Perform the duties of a mandated position unless the individual has met the applicable selection standards under Regulation .04 or .08 of this chapter; or

(2) Be authorized to carry or use a firearm unless the individual has successfully completed firearms training and qualification requirements under COMAR 12.10.04.

C. An individual may not perform the duties of a mandated position under a provisional appointment beyond the individual's probationary period.

D. An individual with a Commission provisional appointment to a mandated position classified as a correctional officer, classification counselor, institutional support staff, parole and probation agent, monitor, case management specialist, resident advisor, or Juvenile Services support staff who changes from the original position to another of these positions shall receive a new provisional appointment in the new mandated position to provide the opportunity to obtain applicable training for the new mandated position required under Regulation .09 of this chapter.

E. A provisional appointment is valid until:

(1) 365 cumulative days have elapsed from the initial date of the provisional appointment;

(2) It is determined that the applicable selection standards have not been met;

(3) The individual has been certified; or

(4) The individual's employment in a mandated position is terminated.

F. A provisional appointment to a mandated position under this regulation may be made for a formerly certified mandated employee who:

(1) Has not been in a mandated position with a correctional unit for over 3 years; and

(2) Meets the appropriate selection standards under Regulation .04 of this chapter.

G. Probationary Period.

(1) After an individual has met the applicable selection standards under Regulation .04 or .08 of this chapter and received a provisional appointment, the Commission shall grant a probationary period of up to 365 days to the mandated employee to perform mandated employee duties while awaiting the opportunity to complete the entrance-level training required under Regulation .09 of this chapter.

(2) The probationary period begins on the first day of the Commission provisional appointment.

(3) The 365-day period is cumulative and may not be lengthened by multiple employments in the same mandated position by different correctional units or periodic employment with the same correctional unit.

(4) If an individual transfers as a new employee in the same mandated position from one correctional unit to another correctional unit before successfully completing the required entrance-level training, the probationary period continues from the date of the first provisional appointment, less any time the individual is not employed in the same mandated position by a correctional unit.

(5) A Commission probationary period for a mandated position under this chapter does not prohibit a correctional unit from imposing a probationary period that may:

(a) Exceed that established by the Commission; or

(b) Be in addition to that imposed by the Commission.