(1) An employee shall have a means by which
grievances/complaints can be considered fairly, rapidly, and without reprisal.
The following grievance/complaint procedure, which conforms with the State
Personnel Board Rules and Regulations, specifies the employees who may file
grievances/complaints, and the procedure for addressing such
grievance/complaint filed by an employee alleging that the employee had been
adversely affected by a violation of the Act first must be processed through
the employer's established grievance/complaint procedure. If there is no
established procedure an employee can file the complaint/grievance, in writing,
directly with the Commissioner.
If an employee is not satisfied with the final disposition of a
grievance/complaint within the context of the employer's established
grievance/complaint procedure, the employee may request that the Commissioner
review the grievance/complaint.
A request by an employee that the Commissioner review the grievance/complaint
must be made in writing within 30 days of the final disposition of the
grievance/complaint by the employer.
(d) The Commissioner shall, within 30 days of
receiving the request for the review of an employee grievance/complaint,
investigate the violations of the Act alleged by the employee to have adversely
affected the employee and respond to the employee regarding the
Commissioner shall, when a thorough investigation of an employee's
grievance/complaint determines that the employee has been adversely affected by
a violation of the Act, schedule a hearing on the matter in accordance with the
Administrative Procedures Act. The time and place of any such hearing shall be
at the discretion of the Commissioner.
(f) Following a hearing, the Hearing Officer
shall issue a written report to the Commissioner which includes findings of
fact, conclusions and recommendations.
(g) After receipt of the report of the
Hearing Officer, the Commissioner shall issue a written decision.
(h) Any employee adversely affected by a
final decision of the Commissioner shall be entitled to judicial review in the
same manner as provided for judicial review of contested cases in Chapter 13 of
Title 50, the Georgia Administrative Procedures Act.
Representation at Hearing.
(a) At any hearing scheduled by the
Commissioner pursuant to (2)(e) above, the employee filing the
grievance/complaint which is the subject of such hearing may be represented by
an attorney authorized to practice law in Georgia. The employee shall be
responsible for all fees and other costs charged by the attorney.
(b) Any party to the hearing proceeding may
request a transcript of the hearing and will be responsible for the cost of the
Ga. Comp. R. & Regs. R. 300-3-19-.05
Original Rule entitled
"Employee Grievance and Complaint Procedure" adopted. F.
Apr. 11, 1990; eff.
May 1, 1990.