Alabama Administrative Code › Title 670 - ALABAMA STATE PERSONNEL BOARD › Chapter 670-X-5 - STATE PERSONNEL BOARD: MEETINGS, MINUTES AND HEARING PROCEDURE › Section 670-X-5-.07 - Appeals To The Board

Current through Register Vol. 42, No. 9, June 28, 2024
(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.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										36-26-6,
				  36-26-9,
				  36-26-27.