Section 1120-11-.03 - BASIC STANDARDS(1) An employee who files an appeal under this chapter must do so no later than fourteen (14) calendar days after the date the employee receives, or by the exercise of reasonable diligence should have become aware of, written notice of a dismissal, involuntary demotion, or suspension. If an employee fails to file an appeal within the fourteen (14) calendar day period, the ability to appeal as defined in this chapter lapses and is deemed to have been waived in its entirety by the employee. For purposes of tolling, all references to days throughout this chapter are considered calendar days, excluding State holidays.(2) An appeal is considered filed when the Appointing Authority, the Commissioner, or the Board, depending on whether the appeal is being made under Step I, II or III as provided in Rule 1120-11-.04, receives a written or electronic copy of the appeal. If a physical copy of the appeal is mailed to the agency, then the timeliness of the appeal must be determined by the date postmarked on the envelope.(3) If the term of the suspension is one (1) or two (2) days, the ability to appeal is limited to an appeal to the Appointing Authority under Step I and the Commissioner under Step II as provided in this chapter. An employee shall not be eligible to appeal a one or two day suspension to the Board.(4) An appeal filed under this chapter shall identify the following:(a) The employment action taken against the employee;(b) A statement detailing why the discipline issued was in error and should be overturned or reduced; and(c) The corrective action sought by the employee.(5) Appeal discussions held during the scheduled off-duty hours for an employee, witness, or representative shall be considered the same as hours worked, including overtime if applicable. Employees who are required to appear as witnesses or representatives shall not be required to use leave for such periods and shall be reimbursed for travel and other expenses in accordance with the state's comprehensive travel regulations.(6) All decisions rendered in accordance with this chapter shall be in writing and communicated as outlined herein.(7) Written communication shall be considered received upon actual receipt as indicated by signature if hand delivered or three (3) days after a decision is sent via certified mail, return receipt requested to the employee's legal residence.(8) When awarding back pay pursuant to an order of reinstatement, the award shall be offset by income earned from alternative employment if earned during the employee's normal state working hours when employed by the state. Additionally, awards of back pay may be offset by unemployment insurance payments received. Any remedy granted under this chapter must not extend back more than thirty (30) calendar days before the appeal was filed.(9) If an employee is reinstated at Step I, II, or III, the agency must reinstate the employee, along with any back pay and/or leave, within thirty (30) calendar days. An exception exists if the agency or employee appeals the decision to Step II or Step III. In this case, the reinstatement of position, leave and/or award of back pay will effectively remain in a pending status until a Step II Appeal Decision has been issued or a final order has been rendered at Step III, depending on the specific situation.(10) All agencies, commissions, and other entities subject to the requirements of this chapter are responsible for entering information about each appeal received in an online database as provided by the Department of Human Resources. Such entries must be fully completed and submitted on the day the decision was issued, or, in the event a decision was not issued, by the day a decision should have been issued, pursuant to T.C.A. § 8-30-318.Tenn. Comp. R. & Regs. 1120-11-.03
(For history prior to January 2, 1988, see pages 1-2 of the Introduction at the beginning of the chapters.). Repeal and new rule filed November 18, 1987; effective January 2, 1988. Repeal and new rule filed December 14, 2010; effective May 31, 2011. Repeal and new rule filed July 5, 2012; effective October 3, 2012. Amendments filed February 7, 2017; effective May 8, 2017. Amendments filed May 17, 2019; effective August 15, 2019. Amendments filed January 18, 2023; effective 4/18/2023.Authority: T.C.A. §§ 8-30-104, 8-30-105, 8-30-318, and 8-30-407.