Ga. Comp. R. & Regs. R. 300-3-19-.05 - Employee Grievance/Complaint Procedure

(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 grievances/complaints.

(2) Administrative Remedies.

(a) Any 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.

(b) 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.

(c) 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 grievance/complaint.

(e) 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.

(3) 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 transcript provided.

Notes

Ga. Comp. R. & Regs. R. 300-3-19-.05

O.C.G.A. 45-22-7, 45-22-10, 45-22-11.

Original Rule entitled "Employee Grievance and Complaint Procedure" adopted. F. Apr. 11, 1990; eff. May 1, 1990.