Ala. Admin. Code r. 670-X-5-.07 - Appeals To The Board
Current through Register Vol. 40, No. 6, March 31, 2022
(1) If an
officer, employee or citizen feels that any of these rules are working or apt
to work a hardship upon him, or that the efficiency of state service, he may be
improved by an amendment to these rules, then the person may request a hearing
upon the matter and then appear before the Board at its regular meeting. This
written request will be made to the Director.
(2) The Board shall, if demand is made in
writing by an employee within ten days after notice of discharge, order a
public hearing. The hearing shall be before a special agent (hereinafter called
Hearing Officer) appointed for the purpose by the Director. The Hearing Officer
may enter a default for the agency based upon the employee's failure to
prosecute his case should the employee fail to appear. The hearing shall be
recorded either by the mechanized means or by a qualified court reporter. At
the hearing, the Hearing Officer shall take testimony offered in support and
denial of the reasons for dismissal and from the same submit to the Board a
finding of facts and law involved and a recommended decision in the form of a
proposed order.
(3) The proposed
order shall be furnished to each party. If either party feels he is adversely
affected by the proposed order, he may file with the Director exceptions to the
proposed order within five days of his receipt thereof. Such exceptions may
include a request for presentation of briefs and oral arguments before the
Board. The exceptions shall be made a part of the report to be considered by
the Board. If a party requests oral argument, he must file written exceptions.
Oral argument shall be limited to ten minutes for each side. Should the Board,
in its sole discretion, decide to hear the appeal itself, or to read the
transcript of the Hearing Officer proceedings, then the provision of this
paragraph would not be applicable. The parties, by written stipulation, may
waive compliance with this paragraph.
(4) The Board at its next regular or special
meeting shall consider said proposed order and modify, alter, set aside or
affirm said proposed order, and if the charges are proved unwarranted, order
the reinstatement of the employee under such conditions as the Board may
determine.
(5) In the event funds
are not available to retain Hearing Officers and/or court reporters for appeals
under the foregoing provisions, the Director shall have the authority to assign
any or all appeals for hearing before the Board, which shall follow the hearing
procedure authorized in Rule
670-X-5-.08 below where
applicable.
(6) An employee in the
classified service may also be removed or awarded lesser discipline on the
basis of charges filed by any officer, citizen or taxpayer of the state. Within
five days of receiving such charges, the Director shall have a copy served on
the employee concerned and shall set a public hearing on the charges not less
than ten nor more than twenty days after they are served on the employee. The
hearing may be before the Director, a special agent designated by the Director,
or the Board itself. If the Director or a special agent hears the matter, he
shall, after taking testimony, report to the Board within five days a finding
of facts and law and a recommended decision. At its next regular or special
meeting, the Board shall consider this report, which it may modify, alter, set
aside or affirm. The Board shall then certify its decision to the appointing
authority who shall forthwith put it into effect. If the Board hears such
charges directly or reviews the record of testimony taken before another, it
shall make up and file its own findings and decision.
Notes
Author:
Statutory Authority: Code of Ala. 1975, ยงยง 36-26-6, 36-26-9, 36-26-27.
The following state regulations pages link to this page.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.