27 Miss. Code. R. 120-9.22 - [Effective until 7/1/2025] RELIEF TO BE GRANTED
A. If a party
appealing formal disciplinary action meets his or her applicable burden of
proof in Section
9.18, the hearing officer may:
i. Order reinstatement of a dismissed
employee and restore all his or her employee rights and benefits, including
back pay, medical leave, and personal leave. Retirement benefits may also be
restored provided the integrity of such benefits remains uncompromised in
accordance with all applicable laws, policies, rules and regulations.
ii. Order reinstatement of a demoted employee
to his or her previous position and salary, including back pay.
iii. Order that an employee suspended without
pay be reimbursed for the period of suspension
iv. Order that a Written Reprimand be removed
from an employee's personnel file and not considered for possible future
disciplinary action.
B.
Pursuant to Mississippi Code Annotated §
25-9-131, the hearing officer may
modify the formal disciplinary action issued to an appealing party but may not
increase the severity of such action. In such circumstances, pursuant to
Section 9.18 (B)
(ii), the employee has the burden of proving
that the reasons stated in the formal disciplinary action notice are not
sufficient grounds for the action taken. The agency's decision concerning the
level of disciplinary action issued to the employee is entitled to a
presumption of correctness and the hearing officer shall accord a degree of
deference to the agency's determination.
Notes
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.
A. If a party appealing formal disciplinary action meets his or her applicable burden of proof in Section 9.18, the hearing officer may:
i. Order reinstatement of a dismissed employee and restore all his or her employee rights and benefits, including back pay, medical leave, and personal leave. Retirement benefits may also be restored provided the integrity of such benefits remains uncompromised in accordance with all applicable laws, policies, rules and regulations.
ii. Order reinstatement of a demoted employee to his or her previous position and salary, including back pay.
iii. Order that an employee suspended without pay be reimbursed for the period of suspension
iv. Order that a Written Reprimand be removed from an employee's personnel file and not considered for possible future disciplinary action.
B. Pursuant to Mississippi Code Annotated § 25-9-131, the hearing officer may modify the formal disciplinary action issued to an appealing party but may not increase the severity of such action. In such circumstances, pursuant to Section 9.18 (B) (ii), the employee has the burden of proving that the reasons stated in the formal disciplinary action notice are not sufficient grounds for the action taken. The agency's decision concerning the level of disciplinary action issued to the employee is entitled to a presumption of correctness and the hearing officer shall accord a degree of deference to the agency's determination.