2. Merit system amendments - Laserfiche WebLink

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