Section 36.390

Title IV EXECUTIVE BRANCH

Chapter 36

Effective - 28 Aug 2018, 4 histories   

  36.390.  Right of appeal, procedure, regulation — dismissal appeal procedure. — 1.  Any applicant for a position subject to this chapter pursuant to subsection 1 of section 36.030 who feels that he or she has not been dealt with fairly in any phase of the examination process may request that the director review his or her case.  Such request for review of any examination shall be filed in writing with the director within fifteen days after the date on which notification of the results of the examination was sent to the applicant.  A candidate may appeal the decision of the director in writing to the administrative hearing commission.  This appeal shall be filed with the administrative hearing commission within fifteen days after date on which notification of the decision of the director was sent to the applicant.  The commission's decision with respect to any changes shall be final, and shall be entered in the minutes.

  2.  Any regular employee who is dismissed or involuntarily demoted for cause or suspended for more than five working days may appeal in writing to the administrative hearing commission within thirty days after the effective date thereof, 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.

  3.  Hearings under subsection 2 of this section shall be deemed to be a contested case and the procedures applicable to the processing of such hearings and determinations shall be those established by chapter 536.  Decisions of the administrative hearing commission shall be final and binding subject to appeal by either party.  Final decisions of the administrative hearing commission pursuant to this subsection shall be subject to review on the record by the circuit court pursuant to chapter 536.

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(L. 1945 p. 1157 § 37, A.L. 1973 1st Ex. Sess. H.B. 8, A.L. 1977 S.B. 98, A.L. 1979 H.B. 673, A.L. 1996 H.B. 1146, A.L. 2005 S.B. 149, A.L. 2010 H.B. 1868, A.L. 2018 S.B. 1007)

(1988) Attorney general was authorized to terminate an assistant attorney general at any time and was not required to adopt a postdischarge hearing procedure.  Where more than one statute deals with the same subject, the statutes should be harmonized when reasonable but to the extent of any discord between them, the definite prevails. (Mo.App.) Wood v. Webster, 772 S.W.2d 1.

(1995)  Secretary of state is an administrative officer of the state and is authorized by law to make rules and to adjudicate contested cases.  Where agency is not defined for purposes of this chapter, court looked to definitions in chapter 536, RSMo, the administrative procedures act, and found the secretary of state's office is a state agency and is required to establish procedures for dismissals of nonmerit employees in compliance with procedures for dismissal of merit employees or to adopt similar appeal procedures.  Laws v. Secretary of State, 895 S.W.2d 43 (Mo. App. W.D.).

(1996) Secretary of State's office is an agency within the meaning of this section.  Pace v. Moriarty, 83 F.3d 261 (8th Cir.).