Retention of officers or employees

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    (a)    If this State acquires a public or private entity to operate it for a public purpose, this State may retain, as a State employee, any individual who is an officer or employee of that entity at the time of the acquisition.

    (b)    (1)    An employee who is retained under this section:

            (i)    shall be employed in a position that corresponds or is similar to the position held at the time of the acquisition; and

            (ii)    keeps seniority.

        (2)    Beginning as of the date of the acquisition, each retained employee shall be on probation for the period required by Subtitle 4 of this title.

    (c)    Within 1 year after an acquisition, the Department shall classify each position in the acquired entity.

    (d)    After positions in the acquired entity are classified, each retained employee:

        (1)    may continue without an examination to hold the position in which the employee is then employed; and

        (2)    has all the rights of the class to which that position is allocated.

    (e)    If a new position is created in an acquired entity or an established position in an acquired entity becomes vacant, the position shall be filled in accordance with this title.


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