Laserfiche WebLink
<br />Section 4-07-20.2-07 is amended as follows: <br /> <br />4-07-20.2-07. Procedure for appeal to human resource management services. <br /> <br />1. The employee shall file the properly completed prescribed appeal form <br />with the director, human resource management services. The appeal form <br />must be delivered, mailed, or transmitted by facsimile and must be <br />received in the human resource management services office by five p.m. <br />within fifteen working days of service of the notice of results of the agency <br />grievance procedure or within fifteen working days from the date of the <br />waiver. An additional fifteen workino days is not available if the requested <br />waiver is denied. The date of service of the notice shall be considered to <br />be the date the notice was mailed or actual notice. The agency shall <br />prepare a certificate of mailing, a certificate or admission of delivery in <br />person, or other reliable means to show proof of the date of mailing or <br />actual delivery. .^,n applicant shall file the appeal form by delivery, mail, or <br />transmittal by facsimile, and the form must be received in the human <br />resource management services office by five p.m. within fifteen ':.'orking <br />days of the alleged discriminatory action. <br /> <br />2. An applicant shall file the appeal form bv deliverv. mail. or transmittal bv <br />facsimile. and the form must be received in the human resource <br />manaoement services office bv five p.m. within fifteen workino days of the <br />service of notice of the aoencv appointino authority's response to the <br />alleoed discriminatory action. The date of service of the notice shall be <br />considered to be the date the notice was mailed or actual notice. The <br />aoencv shall prepare a certificate of mailino. a certificate or admission of <br />deliverv in person. or other reliable means to show proof of the date of <br />mailinq or actual deliverv. <br /> <br />~. The director, human resource management services, shall within two <br />working days submit a written request to the director, office of <br />administrative hearings, to conduct a hearing on behalf of human resource <br />management services and shall forward a copy of the appeal form to the <br />affected appointing authority. <br /> <br />~. The administrative law judge shall initially consider whether the appeal <br />was filed within required time limitations. If the administrative law judge <br />determines the time limitations have not been met, the administrative law <br />judge shall prepare an appropriate order dismissing the appeal, which <br />shall be final, and provide a copy of it to the parties. The administrative <br />law judge may, for good cause shown, waive the time limitations for filing <br />an appeal. Good cause means those circumstances that reasonably and <br />without any fault on the part of the appellant prevented the filing of an <br />appeal in a timely fashion. In no event may an appeal be deemed timely <br />after sixty days have elapsed from the date of the employer action. <br /> <br />14 <br />