DEPT. OF PUBLIC SAFETY v. MYERS

No. 51, September Term, 2005.

898 A.2d 465 (2006)

392 Md. 589

DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES v. Diane MYERS, et al.

Court of Appeals of Maryland.

May 9, 2006.


Attorney(s) appearing for the Case

Michele J. McDonald, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., Judith Barr, Asst. Atty. Gen., on brief), for petitioner/cross-respondent.

Hillary Galloway Davis (Davis & Associates Law Office, P.A., Towson, on brief), for respondents/cross-petitioners.

Argued before BELL, C.J., RAKER, WILNER, CATHELL, HARRELL, BATTAGLIA and GREENE, JJ.


WILNER, J.

The final administrative authority under the statutory grievance procedure for most State Executive Branch employees is an administrative law judge (ALJ) from the Office of Administrative Hearings (OAH). The principal question before us is whether, in a grievance based on the alleged placement of an employee into an inappropriate classification, the ALJ has authority, if he or she concludes that the employee is performing duties that entitle the employee...

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