Ariz. Admin. Code § 2-5B-305

Current through Register Vol. 30, No. 45, November 8, 2024

Section R2-5B-305 - Dismissal

A. Relief from duty. Nothing in this rule shall preclude the agency head from immediately placing an employee on administrative leave pending implementation of procedures under this Section, but no pay shall be withheld for such period.

B. Dismissal during original probation. An employee on original probation may be dismissed without a stated reason and without the right of appeal.

C. Pre-dismissal procedures. Before an employee with permanent status can be dismissed, the agency head shall submit the proposed action to the Director for review as prescribed in R2-5A-802, give the employee written notice of the charges, a summary of the agency head's basis for the charges, and an opportunity for the employee to present a written response. The employee's response shall be made not later than three business days after the employee receives notice of the charges, unless extended in writing by the agency head.

D. Dismissal procedures. The agency head may dismiss an employee with permanent status only for cause but not before attempting to serve the employee personally or by registered or certified mail, return receipt requested (addressee only), with written notice of the specific reasons for dismissal in sufficient detail to inform the employee of the facts, with a copy to the Director. The agency head shall include a statement of the employee's right to appeal.

E. Effective date of dismissal. The dismissal action is not effective until one of the following occurs:

1. The employee signs for receipt of the dismissal letter personally served or served by mail;

2. Three business days have passed since the letter was mailed to the employee; or

3. An attempt is made to personally serve the dismissal letter, but the employee refuses to sign for the letter. Such attempt to personally serve the letter shall be witnessed.

Ariz. Admin. Code § R2-5B-305

Section made by exempt rulemaking at 18 A.A.R. 2782, effective September 29, 2012 (Supp. 12-4).