Acting Capacity Requests When submitting an Acting Capacity request, the current MS-22 for the vacant position must be included with the selected employee’s MS-100 (State Application) for review. An employee must assume the full responsibilities of the position. If the selected employee does not meet the minimum qualifications for the position’s current classification, documentation must be attached justification for an exception to COMAR 17.04.02.06C (2) - “An Appointing Authority shall ensure that an employee designated to receive acting capacity pay meets the minimum qualifications of the higher level classification and any special requirements of the position.” Referenced in Section III – Selection Process on the form. The following reflects COMAR 17.04.02.06: As of July 1, 1998 payment for acting in a higher classification shall be made as follows: Between grades 1 and 10, additional compensation shall be paid for the period in excess of 10 continuous work days; For grades 11 and above, additional compensation shall be paid for a period in an excess of 20 continuous work days. The initial period of acting capacity pay is limited to six months or less and may be extended for periods of up to six months. Acting Capacity Requests - Shared Duties between More than One Employee If the duties and responsibilities are delegated between more than one selected employees, acting capacity pay may not be warranted if the assigned duties do not result in a significant change to the selected employee’s current position. HRS will review the request to make a determination if acting pay is required. Therefore, a memo explaining the delegation of the position’s duties and responsibilities including the vacant position’s MS-22 must be provided to HRS for review.

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March 10, 2008