Certification

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    (a)    Except as otherwise authorized under § 13-201(b) of this subtitle, a unit may not execute or renew a contract for the employment of a contractual employee unless the Secretary issues to the unit a certification that:

        (1)    the employment of the contractual employee is for services that cannot be performed by assignment or hiring of any nontemporary employee;

        (2)    the rate of pay for the contractual employee is comparable to the rate paid to employees in positions that involve comparable duties, responsibilities, experience, and authority; and

        (3)    the services to be performed under the contract encompass functions that:

            (i)    are infrequent;

            (ii)    are needed for a limited time;

            (iii)    are unusual; or

            (iv)    need to be implemented quickly and for which there is no reasonable alternative.

    (b)    The Secretary may issue a certification for any effective period that does not exceed the period of the contract between the unit and the contractual employee.


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