Ala. Admin. Code r. 670-X-5-.07

Current through Register Vol. 43, No. 1, October 31, 2024

Section 670-X-5-.07 - Appeals To The Board

(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.

Ala. Admin. Code r. 670-X-5-.07

Filed September 29, 1981.

Amended by Alabama Administrative Monthly Volume XXXIII, Issue No. 08, May 29, 2015, eff. 6/24/2015.

Author:

Statutory Authority:Code of Ala. 1975, §§ 36-26-6, 36-26-9, 36-26-27.