Rule 291-2-.05 - Appeals and Board Determinations(1) If an initial decision finding no violation of or failure to enforce an eligibility status provision is made by a review panel consisting of fewer than the entire board, the complaining party may appeal that initial decision to the entire board of the IERB by providing service of said appeal upon both the IERB and the applicable public agency or employee. Said appeal shall be served upon the IERB and the applicable public agency or employee within thirty (30) days of service of the initial decision upon the applicable public agency or employee.(2) If an initial decision finding no violation of or failure to enforce an eligibility status provision is made by a review panel consisting of the entire board, the initial decision will become the final decision of the IERB unless the IERB modifies that initial decision within thirty (30) days of service of the initial decision upon the applicable public agency or employee.(3) If an initial decision finding no violation of or failure to enforce an eligibility status provision is made by a review panel consisting of the entire board, and the IERB modifies that initial decision on its own initiative prior to the expiration of thirty (30) days of service upon the applicable public agency or employee to make a finding that a violation of or failure to enforce an eligibility status provision has occurred, the matter will be subject to the same procedures in place as if the initial decision had originally determined that a violation of or failure to enforce an eligibility status provision had occurred. The applicable public agency or employee will have thirty (30) days from service of the modified initial decision to make a sanction response.(4) If an initial decision finding no violation of or failure to enforce an eligibility status provision is made by a review panel consisting of the entire board, and the IERB modifies that initial decision on its own initiative prior to the expiration of thirty (30) days of service upon the applicable public agency or employee but still makes a finding that no violation of or failure to enforce an eligibility status provision has occurred, the modified initial decision shall become the final decision of the IERB within thirty (30) days of service of the initial decision upon the applicable public agency or employee.(5) If there has been a recommendation of sanctions entered by a review panel consisting of less than the entire board, that recommendation of sanctions may be appealed to the entire board upon service of an appeal by either the complaining party or the applicable public agency or employee within thirty (30) days of service of the recommendation of sanctions upon the applicable public agency or employee.(6) No appeal will be permitted from either a recommendation of sanctions or an initial decision if made by a review panel consisting of the entire board.(7) No appeal will be permitted from an initial decision by a review panel consisting of less than the entire board finding a violation of or failure to enforce an eligibility status provision until after a recommendation of sanctions has been made by the review panel.(8) If an appeal of either an initial decision or recommendation of sanctions is made within the applicable time period, the IERB shall have the options of: (a) conducting an additional hearing on the matter;(b) make a determination and final decision on the record made by the review panel; or(c) determine that no additional action by the IERB is necessary.(9) Any decision made by the full board following an appeal to the full board shall become the final decision of the IERB following the expiration of thirty (30) days from service of that full board decision on the applicable public agency or employee, unless further action is taken by the full board prior to the expiration of that thirty (30) days.Ga. Comp. R. & Regs. R. 291-2-.05
O.C.G.A. § 50-36-3, enacted by 2011 Ga. Laws 794, 814.
New Rule entitled "Appeals and Board Determination" adopted. F. Jan. 20, 2012; eff. Feb. 9, 2012.