§ 14-209. Abolishment of sovereign immunity; awards

MD Educ Code § 14-209 (2019) (N/A)
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(a)    Except as otherwise specifically provided by State law, the University, its officers, and its units may not raise the defense of sovereign immunity in any administrative, arbitration, or judicial proceeding involving an employee grievance or hearing that is held under:

(1)    This subtitle or a procedure adopted under it;

(2)    Subtitle 3 of this title; or

(3)    A personnel policy or procedure that governs classified employees of the University.

(b)    (1)    In this subsection, “award” means a final monetary or benefit award or judgment in an administrative, arbitration, or judicial proceeding involving an employee grievance or hearing that is held under:

(i)    This subtitle or a procedure adopted under it;

(ii)    Subtitle 3 of this title; or

(iii)    A personnel policy or procedure that governs classified employees of the University.

(2)    If this State has sufficient money available at the time, an award made against the University or an officer or unit of the University shall be paid as soon as practicable within 20 days after the award is final.

(3)    (i)    If sufficient money is not available at the time to satisfy an award made against the University or an officer or unit of the University, the affected unit or officer shall report the outstanding award to the State Comptroller.

(ii)    The Comptroller shall:

1.    Keep an accounting of all outstanding awards; and

2.    Report that accounting annually to the Governor.

(iii)    The Governor shall include in the State budget sufficient money to pay all awards made against the University or an officer or unit of the University.

(iv)    On appropriation of money by the General Assembly, the Comptroller shall authorize payment of all outstanding awards in the order of the date on which each award was made.