Ala. Admin. Code r. 670-X-18-.03

Current through Register Vol. 42, No. 8, May 31, 2024

Section 670-X-18-.03 - Suspensions

(1) An appointing authority from time to time may peremptorily suspend any employee without pay or other compensation as punishment for improper behavior, but such suspension or total suspension of the person by the appointing authority shall not exceed 30 business days in any year of service. Such suspension with loss of pay may be effected only by service upon the employee by the appointing authority of written charges setting out clearly the delinquency for which the suspension was made, a copy of which must be at the same time mailed or delivered to the Director. The suspended employee shall have a right to file with the appointing authority a written answer or explanation of such charges.

(2) The suspended employee may within 10 business days after notice pursuant to this section file a written notice of appeal from the suspension. If the suspended employee gives notice of appeal from the suspension, the appointing authority shall have the discretion of whether to stay the suspension pending the disposition of the appeal or proceed with the suspension and provide the employee with a post-suspension review subject to the time frames prescribed herein.

(a) If a timely notice of appeal is filed, the appointing authority shall elect between one of the following methods of reviewing the claim. The appointing authority shall, within ten (10) days after receipt of the appeal, do one of the following:

(i) Appoint a panel as provided for in subsection (3) to decide questions of fact, conclusions of law, and make recommendations to the appointing authority.

(ii) Appoint a designated hearing officer as provided for in subsection (4) who will decide questions of fact, conclusions of law and make recommendations to the appointing authority.

(b) This subsection shall apply only to a department or agency of the state that has 25 or more employees for each working day during each of 20 or more calendar weeks in the current or preceding calendar year.

(3) In instances where the appointing authority elects to appoint a panel, the panel shall consist of three individuals, two of whom shall be in the same or equivalent classification as the suspended employee. The panel, by majority vote, may recommend to the appointing authority, after a hearing, either of the following:

(a) That the charges are unwarranted and that the suspension be revoked.

(b) That the charges are warranted and that the suspension be upheld.

(4) In instances where an appointing authority elects to appoint a hearing officer, the hearing officer shall be selected from a list of individuals maintained by the Department. The appointed hearing officer may be employed by the appointing authority, but shall be independent of the division or area in which the employee works. Any challenge to the appointment of an independent hearing officer shall be made to the Director within five days of notification of the appointment. However, a hearing officer may also be appointed from the Governmental Hearing Officer register, which is compiled and maintained by the Department.

(5) Irrespective of which method the appointing authority selects for adjudicating a suspension appeal hearing, all hearings shall be conducted in accordance with the notions of due process.

(6) The burden of proof shall lie with the appointing authority to prove the charges forming the basis of the suspension.

(7) Those departments or agencies that by August 1, 2001, already had in place an existing process for suspension hearings may continue to use the existing process, provided that they observe tenets of due process including that the burden of proof shall lie with the appointing authority.

(8) This rule shall not apply to any department which employed, as of August 1, 2001, and continues to employ as a standard practice in such cases a pre-disciplinary hearing before an independent hearing officer who makes a recommendation for disciplinary action to the appointing authority based upon a fair hearing of the matter.

(9) This rule shall not apply to any department which currently employs and continues to employ as a standard practice in such cases an appeal hearing before an in-house hearing officer independent of the division or area in which the employee works. Said hearing officer shall be selected from an approved list of individuals maintained by the Department.

Ala. Admin. Code r. 670-X-18-.03

Filed September 29, 1981. Amended: Filed June 17, 1983; effective May 24, 1985. Amended: Filed May 22, 2006; effective June 26, 2006.

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

Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 10, July 31, 2019, eff. 9/5/2019.

Author: Jackie B. Graham, State Personnel Director

Statutory Authority:Code of Ala. 1975, §§ 36-26-9, 36-26-28.