Iowa Code r. 11-61.2 - Appeals
(1)
Appeal
of position classification decisions.
a. Appeal of a position classification
decision shall be in accordance with rule
11-52.5 (8A) and the contested
case provisions of Iowa Code chapter 17A.
b. The appellant (including all appellants in
the case of a group hearing), an employee who is the appellant's
representative, and employees directed by the appointing authority to attend
the classification appeal hearing by the appointing authority or the director
shall be in paid status for the time spent at and traveling to and from the
hearing during their regularly scheduled hours of work. In addition, only
employees directed by management to attend the hearing shall, if eligible for
overtime compensation, be in paid status for the time spent at and traveling to
and from the hearing outside of their regularly scheduled hours of
work.
c. The appointing authority
shall not authorize mileage or the use of a state vehicle for employees to
attend or participate in a classification appeal hearing, except for those
employees who are directed to attend the hearing by the appointing authority or
the director.
(2)
Reserved.
(3)
Appeal of
examination rating. Following examination, an applicant may file a
written appeal to the employment appeal board in the department of inspections
and appeals for a review of the rating received on the examination for the sole
purpose of assuring that uniform rating procedures were applied consistently
and fairly. Right of appeal shall expire unless filed with the board within 30
calendar days following the notice of the examination results.
A rating on an examination may be corrected if it is found by the employment appeal board that a substantial error has been made by the department. The correction of a rating shall not, however, affect any certifications or appointments already made.
(4)
Appeal of disqualification,
restriction, or removal from eligible lists. An applicant who has been
disqualified or whose name has been restricted or removed from an eligible list
in accordance with rule
11-54.2 (8A) or
11-55.2 (8A), or who has been
restricted from certification in accordance with rule
11-56.7 (8A) may file a written
appeal to the employment appeal board in the department of inspections and
appeals for a review of that action. The written appeal must be filed with the
board within 30 calendar days following the notice of disqualification, removal
from the eligible list, or restriction from certification. The burden of proof
to establish eligibility shall rest with the appellant.
When an appeal is generated as the result of an action initiated by the department, the department shall be responsible for representation. When an appeal is generated as the result of an action initiated by an appointing authority through the department, the appointing authority shall pay the costs of the appeal assessed to the department and shall participate in representation as requested by the department.
If the applicant's name is restored to an eligible list, that decision shall not affect any certifications or appointments already made.
(5)
Appeal of
grievance decisions. An employee who has alleged a violation of Iowa
Code sections 8A.401 through
8A.458 or the rules adopted to
implement Iowa Code sections
8A.401 through
8A.458 may, within 30 calendar
days after the date the director's response at the third step of the grievance
procedure was issued or should have been issued, file an appeal with the
employment appeal board. A nontemporary employee covered by merit system
provisions who is suspended, reduced in pay within the same pay grade,
disciplinarily demoted, or discharged, except during the employee's period of
probationary status, may, if not satisfied with the decision of the director,
request an appeal hearing before the employment appeal board within 30 calendar
days after the date the director's decision was issued or should have been
issued. However, when the grievance concerns allegations of discrimination
within the meaning of Iowa Code chapter 216, the Iowa civil rights commission
procedures shall be the exclusive remedy for appeal and shall, in such
instances, constitute final agency action. In all other instances, decisions by
the employment appeal board constitute final agency action.
(6)
Appeal of disciplinary
actions. Any nontemporary employee covered by merit system provisions
who is suspended, reduced in pay within the same pay grade, disciplinarily
demoted, or discharged, except during the employee's period of probationary
status, may bypass steps one and two of the grievance procedure provided for in
rule 11-61.1 (8A) and may file an
appeal in writing to the director for a review of the action within seven
calendar days after the effective date of the action. The appeal shall be on
the forms prescribed by the director. The director shall affirm, modify or
reverse the action and shall give a written decision to the employee within 30
calendar days after the receipt of the appeal. The time may be extended by
mutual agreement of the parties. If not satisfied with the decision of the
director, the employee may request an appeal hearing before the employment
appeal board as provided in subrule 61.2(5).
(7)
Appeal of reduction in
force. An employee who is to be or has been laid off or who has
changed classes in lieu of layoff, and who alleges that the reduction in force
was used to circumvent the rights of appeal provided for in subrule 61.2(6) or
subrule 61.2(1), paragraph"a" or "d," may
file an appeal with the director within 30 calendar days following receipt of
the notice of reduction in force to the employee from the appointing
authority.
(8)
Remedies. All remedies provided in rule
11-61.2 (8A) must be exhausted
pursuant to Iowa Code section
17A.19, subsection 1, prior to
petition for judicial review.
Notes
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