Section 621.075

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS

Chapter 621

Effective - 28 Aug 2018, 2 histories   

  621.075.  Merit employees, right of appeal, procedure. — 1.  Any regular employee, as that term is defined in section 36.020, who has been dismissed or involuntarily demoted for cause or suspended for more than five working days shall have the right to appeal to the administrative hearing commission.  Any such person shall be entitled to a hearing before the administrative hearing commission by the filing of an appeal setting forth in substance the employee's reasons for claiming that the dismissal, suspension, or demotion was for political, religious, or racial reasons, or not for the good of the service with the administrative hearing commission within thirty days after the effective date of the action.  The decision of the appointing authority shall contain a notice of the right of appeal in substantially the following language:

"Any employee with regular status who has been dismissed or involuntarily demoted for cause or suspended for more than five working days may appeal to the administrative hearing commission.  To appeal, you must file an appeal with the administrative hearing commission within thirty days after the effective date of the decision.  If any such appeal is sent by registered mail or certified mail, it will be deemed filed on the date it is mailed; if it is sent by any method other than registered mail or certified mail, it will be deemed filed on the date it is received by the commission.".

  2.  The procedures applicable to the processing of such hearings and determinations shall be those established by chapter 536.  The administrative hearing commission may hold hearings or may make decisions based on stipulation of the parties, consent order, agreed settlement, or by disposition in the nature of default judgment, judgment on the pleadings, or summary determination, in accordance with the rules and procedures of the administrative hearing commission.  No hearing shall be public unless requested to be public by the employee.  The administrative hearing commission shall maintain a transcript of all testimony and proceedings in hearings governed by this section, and decisions of the administrative hearing commission under this section shall be binding subject to appeal by either party.  The administrative hearing commission may make any one of the following appropriate orders:

  (1)  Order the reinstatement of the employee to the employee's former position; or

  (2)  Sustain the dismissal of such employee.

  3.  After an order of reinstatement has been issued and all parties have let the time for appeal lapse or have filed an appeal and that appeal process has become final and the order of reinstatement has been affirmed, the administrative hearing commission shall commence a separate action to determine the date of reinstatement and the amount of back pay owed to the employee.  This action may be done by hearing, or by affidavit, depositions, or stipulations, or by agreement on the amount of back pay owed.  No hearing shall be public unless requested to be public by the employee.

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(L. 2010 H.B. 1868, A.L. 2018 S.B. 1007)