(a) Within 10 days after receiving a decision under § 5-212 of this subtitle, a complainant may appeal the decision in writing to the Secretary. (b) Within 30 days after an appeal is received: (1) the Coordinator: (i) shall review the complaint and the decision being appealed; (ii) may conduct any necessary investigation; and (iii) shall recommend to the Secretary or designee a finding of whether a violation of this subtitle has occurred; and (2) the Secretary or designee shall: (i) take the action described in subsection (c)(1) or (c)(2) of this section; and (ii) issue to the parties a written decision that includes notice of any remedial action taken. (c) (1) If the Secretary or designee determines that a violation has not occurred, the Secretary or designee shall dismiss the complaint. (2) If the Secretary or designee determines that a violation has occurred, the Secretary or designee shall take appropriate remedial action. (d) As remedial action for a violation of § 5-208 of this subtitle, the Secretary or designee may: (1) order the removal of detrimental information from the complainant's State personnel records; (2) require the head of the principal unit to: (i) hire, promote, or reinstate the complainant or end the complainant's suspension from employment; (ii) award the complainant back pay up to the day of the violation; (iii) grant the complainant leave or seniority; (iv) take appropriate disciplinary action against any individual who caused the violation; or (v) take any other remedial action that the Secretary or designee considers appropriate. (e) The decision of the Secretary or designee is final.
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