Sec. 17.04.09.01. Definitions

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

B. Terms Defined.

(1) "Agency technical representative" means an employee designated by an appointing authority to ensure compliance with the requirements of this chapter and whose duties include, but are not limited to, the following:

(a) Scheduling of urine specimen collections;

(b) Designation of collection sites;

(c) Assurance of integrity of collection procedures and sites;

(d) Assurance of integrity of testing and specimen retention procedures;

(e) Review of data and reports; and

(f) Acting as contact person for the appointing authority's program for testing for illegal use of drugs.

(2) "Applicant" means a person who is seeking an employer-employee relationship in a position in a sensitive classification or in a sensitive position.

(3) "Applicant-employee" means an employee of the State who is an applicant for a position that is:

(a) In a sensitive classification or is a sensitive position; and

(b) Different from or in addition to the position currently held by the applicant-employee.

(4) "Appointing authority" means a person who has the power to make appointments and to terminate employment.

(4-1) "Controlled dangerous substance offense" means:

(a) A controlled dangerous substance violation under Criminal Law Article, Annotated Code of Maryland;

(b) An offense of the law of any other jurisdiction if the prohibited conduct is a controlled dangerous substance offense if committed in this State; or

(c) Driving or attempting to drive while under the influence of:

(i) Drugs or drugs and alcohol, or

(ii) A controlled dangerous substance.

(5) "Employee" means a person with whom the State has an employer-employee relationship.

(6) "Employer-employee relationship" means a relationship in which a person is paid for services to the State and in which:

(a) All of the following conditions of employment exist:

(i) The State has the right to control and direct the performance of services not only as to results, but also as to details and means,

(ii) The State has the right to discharge the employee, and

(iii) The State furnishes necessary tools and a place to work;

(b) The status of the employee is any of the following:

(i) Classified,

(ii) Unclassified,

(iii) Temporary extra, or

(iv) Contractual; and

(c) Any of the following personnel actions resulted in employment:

(i) Open selection from an eligible list,

(ii) Promotion,

(iii) Demotion,

(iv) Horizontal change,

(v) Transfer,

(vi) Reinstatement,

(vii) Reemployment,

(viii) Reclassification,

(ix) Unclassified appointment,

(x) Temporary appointment pending examination,

(xi) Temporary extra appointment, or

(xii) Contractual appointment.

(7) "Secretary" means the Secretary of Budget and Management or the Secretary's designated representative.

(8) "Sensitive classification" means a classification in which the Secretary has determined that any of the following conditions exists:

(a) An employee in the classification has a substantially significant degree of responsibility for the safety of others and there is a potential that impaired performance of the employee could result in death of or injury to the employee or others;

(b) An employee in the classification is required to carry a firearm;

(c) An employee in the classification is directly involved in efforts to interdict the flow of narcotics; or

(d) An employee in the classification is directly involved with narcotics law enforcement.

(9) "Sensitive position" means a position for which an appointing authority has determined that any of the conditions listed in §B(8) of this regulation exists, but which is not in a sensitive classification.