Sec. 12.10.01.06. Certification of a Mandated Employee

A. Mandated Employee Certification Requirements. The Commission shall certify an individual for appointment to a mandated position after the individual:

(1) Meets selection standards established under Regulation .04 of this chapter;

(2) Successfully completes training for that position under Regulation .09 of this chapter; and

(3) Successfully completes a field training program under Regulation .23 of this chapter.

B. Mandated Employee Period of Certification.

(1) The Commission shall determine the period of certification for a mandated employee.

(2) A mandated employee's certification is valid for the period determined by the Commission or until the employee:

(a) Is separated from employment;

(b) Does not meet the Commission's standards;

(c) Is transferred from a mandated position to a nonmandated position; or

(d) Is transferred from one mandated position to another mandated position with different selection or training requirements that the individual has not met.

C. Mandated Employee Certification-Renewal.

(1) The Commission shall establish a schedule for renewing mandated employee certification.

(2) The Commission shall renew a mandated employee's certification if the individual meets the Commission's annual training requirements under Regulation .16 of this chapter.

(3) If a mandated employee is not eligible for certification renewal under §C(2) of this regulation, at least 30 days before the end of the current certification the Commission shall:

(a) Notify the mandated employee's agency head of the date that the current mandated employee's certification will end; and

(b) Request the agency head to supply information that may affect the mandated employee's eligibility for certification renewal.

(4) If notified under the provisions of §C(3)(a) of this regulation, the agency head shall notify the affected mandated employee of the date the certification ends before the date the employee's certification ends.

D. Mandated Employee Certification-Lapse.

(1) A mandated employee's certification lapses on the date recorded on the certification card if it has not been renewed under §C of this regulation.

(2) An agency head may not permit a mandated employee to perform the duties of a mandated position if the mandated employee's certification has lapsed.

(3) If the mandated employee's certification has lapsed because the mandated employee did not meet the Commission's annual training standards, the mandated employee may request a hearing before the Commission to show that the mandated employee was not at fault and that:

(a) The employer did not provide the mandated employee with the required training; or

(b) The mandated employee's duty assignment prevented the individual from attending or completing the required training.

(4) If a hearing is requested under §D(3) of this regulation, the Commission shall conduct the hearing according to procedures under State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

(5) If a hearing is conducted and the Commission determines that the mandated employee was not at fault because a condition under §D(3)(a) or (b) exists:

(a) The Commission shall extend certification to provide the opportunity for the mandated employee and the employer to meet the Commission's training requirements;

(b) The agency head shall continue to employ the mandated employee at the employee's established pay rate, regardless of the duties assigned, pending completion of required training; and

(c) The Commission may order the employer to pay all reasonable hearing costs.

E. Mandated Employee Recertification. The Commission shall recertify an individual formerly certified as a mandated employee in Maryland after the individual meets the applicable selection and training standards under Regulation .07 of this chapter.

F. Certification Card.

(1) The Commission shall issue a certification card to an individual who has met the Commission's certification requirements for a mandated position.

(2) The Commission shall determine the format and contents of the certification card.

(3) The certification card indicates that the individual is authorized to perform the duties of the mandated position.

(4) The mandated employee's agency head:

(a) Is responsible for the cost of replacing an issued, current certification card; and

(b) May require a mandated employee to reimburse the agency for the cost of replacement.

(5) A mandated employee shall, to the extent possible, possess a valid certification card while the mandated employee is on duty.

(6) A certification card issued by the Commission:

(a) Lapses at midnight on the date printed on the card;

(b) Remains the property of the Commission; and

(c) Shall be returned, by an agency head, to the Commission when an individual is no longer employed as a mandated employee.

(7) An agency head shall return a mandated employee's certification card, removed from the individual under §F(6)(c) of this regulation, to the Commission within 30 working days of the date the individual is no longer employed as a mandated employee.

(8) An agency head shall retain the certification card of a mandated employee on nonofficer status until the individual:

(a) Returns to active duty; or

(b) Is no longer employed in a mandated position.

G. Department of Juvenile Services Contractor Employee Selection, Training Standards, and Certification Requirements.

(1) An employee of a nonprofit or for-profit organization (contractor) under contract with the Department of Juvenile Services performing duties equivalent to those performed by a Department of Juvenile Services employee in a mandated position shall meet the same selection and training standards and certification requirements as the Department of Juvenile Services mandated employee.

(2) If the contractor under §G(1) of this regulation changes or the Department of Juvenile Services assumes responsibility for the services previously provided by a contractor, mandated employee certification for a contractual employee shall continue under a new contractor or the Department of Juvenile Services if the employee:

(a) Continues employment under the new contractor or the Department of Juvenile Services without a break in service that exceeds 30 days;

(b) Continues to perform the same duties and responsibilities of the mandated position for which the employee is certified;

(c) Under the new employer, continues to perform duties at a facility formerly under the authority of the previous contractor; and

(d) Continues to meet Commission training and certification requirements for the mandated position.