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478-1-.14 APPEALS AND HEARINGS. Amended.
SECTION 14.100. GENERAL PROVISIONS.
PAR. 14.101. All appeals shall be filed in writing with the Office of State Administrative Hearings in accordance with the procedures which the Board may from time to time establish. Unless a different time period is specifically provided, appeals must be filed and/or postmarked within ten (10) calendar days after: (1) the employee receives written notice of the action or decision; or (2) the effective date of the action or decision, whichever is later. Any filing shall be considered timely if postmarked within the time allowed for an appeal but shall not be considered filed until actually received by the Office of State Administrative Hearings. (06-30-98/07-07-98)
PAR. 14.102.1. The Board may, in its discretion, authorize administrative law judges from the Office of State Administrative Hearings to hold hearing and otherwise assist in the resolution of appeals. Such administrative law judges shall compile evidence, prepare findings of fact, conclusions of law, issue initial decisions and certify records to the Board for its determination and make investigations of matters under the Board's jurisdiction where the Board deems a review appropriate. (06-26-97/06-30-97)
PAR. 14.102.2. Appeal hearings shall be before an administrative law judge unless otherwise specified by the Board. (06-26-97/06-30-97)
PAR. 14.103. Upon receipt of an appeal the Office of State Administrative Hearings shall assign the appeal to an administrative law judge unless otherwise directed by the Board. (06-30-98/07-07-98)
PAR. 14.104. Upon the motion of either party or upon its own motion, the Board or the administrative law judge may dismiss any appeal if the appeal is clearly moot, is without merit, was not properly filed with the Office of State Administrative Hearings or is not within the scope of the Board's authority. (03-31-99/06-24-99)
PAR. 14.105. Waiver of Appeal Rights. An employee who fails to file an appeal in a timely manner shall be deemed to have waived any right of appeal to the Board. (06-26-97/06-30-97)
PAR. 14.106. Appeals under the provisions of Paragraphs 14.205, 14.206, 14.207, 14.208, and 14.213 shall be entitled to a hearing which shall be conducted by an administrative law judge unless the Board, in its discretion, elects to grant a hearing before the Board; provided, with the consent of all parties and approval by the administrative law judge, a hearing may be waived and the appeal considered on the written record. All other appeals shall be considered on the written record unless otherwise specified by the Board or the administrative law judge. (06-26-97/06-30-97)
PAR. 14. 107. Review of Initial Decisions. (06-26-97/06-30-97)
PAR. 14.107.1. Initial decisions of the administrative law judge shall become the decision of the Board; provided, however, a party adversely affected by a decision regarding dismissal, demotion, suspension without pay or salary reduction may file an application for review by the Board. Application for review by the Board must be in writing and filed with the Executive Secretary within thirty (30) calendar days of the date the initial decision was issued. Both parties shall have the right to present oral arguments to the Board. (06-26-97/06-30-97)
PAR. 14.107.2. The Board on its own motion may issue an order for review within thirty (30) calendar days of the date of the initial decision. (06-26-97/06-30-97)
PAR. 14.108. Decisions of the Board are final and shall not be reconsidered except for specific correction of a manifest error or to comply with an order of a court of competent jurisdiction. (02-18-82/03-30-82)
PAR. 14.109. No person shall attempt by improper means to influence the proceeding or decisions in an appeal hearing authorized by these rules and regulations. (02-18-82/03-30-82)
PAR. 14.110. Oral arguments or the filing of written memoranda may be required of both parties at the discretion of the Board or an administrative law judge. (06-26-97/06-30-97)
PAR. 14.111. Notwithstanding any other provision of these rules to the contrary, no employee governed by these rules may file an appeal or otherwise seek a hearing before the State Personnel Board on any charge of unlawful employment discrimination if remedy is available through the Georgia Commission on Equal Opportunity under Georgia law; provided, however, that such prohibition does not prohibit state agencies from processing internal grievances or otherwise investigating such charges of unlawful discrimination nor does such prohibition apply to appeals from adverse actions. (06-26-97/06-30-97)
PAR. 14.112. Notwithstanding any other provision of these rules to the contrary, if an employee charges in an adverse action appeal that the adverse action was based on an unlawfully discriminatory purpose as defined under these rules, then the employee shall be advised of the right, if available, to file a charge with the Georgia Commission on Equal Opportunity. The employee shall further be advised by the State Personnel Board, an administrative law judge or other agent that the employee has the option of either proceeding with a State Personnel Board appeal or with a charge before the Georgia Commission on Equal Opportunity. If the employee elects to proceed with a charge before the Georgia Commission on Equal Opportunity, then the proceeding before the State Personnel Board shall be stayed until the completion of the action before the Georgia Commission on Equal Opportunity or a special master. Following the completion of the action before the Georgia Commission on Equal Opportunity or a special master, if the employee wishes to proceed with their appeal to the State Personnel Board, then the employee must file a request to lift the stay with the Office of State Administrative Hearings. This request shall be filed in writing within ninety calendar days following the date of issuance of the Georgia Commission on Equal Opportunity's final decision. This request shall be considered timely if postmarked within the time allowed under this rule but shall not be considered filed until actually received by the Office of State Administrative Hearings. A final decision on the merits of the charge by a special master shall preclude the Board or an administrative law judge from reconsidering the same factual issues between the parties but shall not preclude the Board from acting on any other issues that have not been resolved by the special master's decision nor preclude the Board from applying the rules and the Merit System law to the facts as determined in the special master's decision. (04-17-03/10-24-03)
PAR. 14.113. Notwithstanding any other provision of these rules to the contrary, no employee may file or continue an appeal if the employee is alleging reprisal for having made a complaint or disclosing information relating to fraud, waste, or abuse in state programs or operations as specified in Par. 3.1103, and the employee has instituted, or institutes, proceedings in superior court. The employee shall be notified by the Executive Secretary that any such appeal shall be stayed until the resolution of the court proceedings. A final resolution of the court proceedings shall not preclude the Board from acting on any issues that have not been resolved by the court proceedings nor preclude the Board from applying the rules and the Merit System law to the facts as determined in the court proceedings. (Reference: O.C.G.A. 45-1-4). (06-26-97/06-30-97)
SECTION 14.200. REASONS FOR WHICH APPEALS MAY BE FILED.
PAR. 14.201. Reserved.
PAR. 14.202. Reserved. (03-27-97/04-09-97)
PAR. 14.203. Reserved.
PAR. 14.204. Unlawful Discrimination Against an Employee. Unless prohibited by the provisions of Par. 14.111, an employee who has been unlawfully discriminated against in employment because of political or religious opinions or affiliations, race, color, creed, sex, national origin, age between 40 and 70 years or disability may appeal to the Board as provided in Section 14.100; provided, however, there shall be no right of appeal or hearing from mandatory retirement at an age lower than age 70 if the lower age is prescribed by statute, rule, regulation or formal department policy; provided, further that if administrative remedy for the alleged discrimination is available through the departmental grievance procedure as outlined in Rule 21, the employee shall first seek such remedy and may appeal to the Board only at the conclusion of the procedure. (09-08-92/09-21-92)
PAR. 14.205. Dismissal of a Permanent Employee.
PAR. 14.205.1. A permanent employee who is dismissed may appeal the dismissal to the Board as provided in Section 14.100. (12-14-84/12-27-84)
PAR. 14.205.2. A permanent employee who is dismissed while serving a working test period following a promotion in the same department may appeal the dismissal to the Board as provided in Section 14.100. If the appeal is upheld by the Board, relief shall be limited to reinstatement to a position in the class in which the employee last held permanent status, or to a position to which the employee could have been transferred from the position in which the employee last held permanent status. (06-26-97/06-30-97)
PAR. 14.206. Suspension of a Permanent Employee. A permanent employee who is suspended without pay may appeal the suspension to the Board as provided in Section 14.100. (09-23-87/11-12-87)
PAR. 14.207. Demotion of a Permanent Employee.
PAR. 14.207.1. A permanent employee who is demoted may appeal the demotion to the Board as provided in Section 14.100. (12-14-84/12-27-84)
PAR. 14.207.2. A permanent employee serving a working test period following a promotion in the same department who is demoted to a class lower than the class in which the employee last held permanent status may appeal the demotion to the Board as provided in Section 14.100. If the appeal is upheld by the Board relief shall be limited to reinstatement to a position in the class in which the employee last held permanent status, or to a position to which the employee could have been transferred from the position in which the employee last held permanent status. (Reference: O.C.G.A. 45-20-2(17)) (06-26-97/06-30-97)
PAR. 14.208. Disciplinary Salary Reduction. A permanent employee who is subjected to a disciplinary salary reduction may appeal the reduction to the Board as provided in Section 14.100. (10-29-75/01-19-76)
PAR. 14.209. Relocation. Unless prohibited by the provisions of Par. 14.111, a permanent employee who is subjected to involuntary relocation under the provisions of Rule 22 may appeal the relocation to the Board as provided in Section 14.100; provided, however, that if administrative remedy for the relocation is available through the departmental grievance procedure as outlined in Rule 21, the employee shall first seek such remedy and may appeal to the Board only at the conclusion of the procedure. (09-08-92/09-21-92)
PAR. 14.210. Reduction in Force Procedure. A permanent employee who has been laid-off, furloughed or reduced in salary as a result of a reduction in force may appeal to the Board as provided in Section 14.100 if the reduction in force as implemented by the appointing authority is not in accordance with the plan of reduction as approved by the Commissioner. Such right of appeal shall not be construed to limit the ability of an appointing authority to adjust the number of employees to be retained. (06-26-97/06-30-97)
PAR. 14.211. Unjust Coercion or Reprisal. Unless prohibited by the provisions of Par. 14.111, an employee who is subjected to unjust coercion or reprisal because of participation in an appeal or grievance proceeding authorized by these rules and regulations may appeal for relief to the Board as provided in Section 14.100; provided, however, that if administrative remedy for the coercion or reprisal is available through the departmental grievance procedure as outlined in Rule 21, the employee shall first seek such remedy and may appeal to the Board only at the conclusion of the procedure. (09-08-92/09-21-92)
PAR. 14.212. Other Purported Violations of the Rules of the Board. Unless prohibited by the provisions of Par. 14.111, a classified employee who feels that there has been a violation of the rules or the Merit System law which adversely affects the employee's rights may appeal for relief under this provision if the appeal right is not covered elsewhere in these rules. The appeal must be filed and/or postmarked within ten (10) calendar days after the occurrence of the alleged violation. (06-26-97/06-30-97)
PAR. 14.213. Forfeiture of Employment. Unless prohibited by the provisions of Par. 14.111, a permanent employee who has forfeited employment as provided in Par. 12.205 and Par. 12.206 may appeal as provided in Section 14.100. (06-26-97/06-30-97)
PAR. 14.214. Voluntary Separations. (05-24-90/05-30-90)
PAR. 14.214.1. Unless prohibited by the provisions of Par. 14.111, a permanent employee who has been separated under the provisions of Par. 12.202 or Par. 12.203 may appeal by filing an appeal with the Office of State Administrative Hearings. (03-31-99/06-24-99)
PAR. 14.214.2. The appeal must be filed in writing within ten (10) calendar days of the separation or notification of such, whichever is later. The appeal must include any evidence that would support the employee's belief that the separation was improper. (06-26-97/06-30-97)
PAR. 14.214.3. Unless the administrative law judge specifies otherwise, the appeal will be considered on the basis of the written record. (06-26-97/06-30-97)
PAR. 14.214.4. A finding that the separation was improper shall permit, but not require, the administrative law judge to reverse the separation. (06-26-97/06-30-97)
Authority O.C.G.A. 45-20-3; O.C.G.A. 45-20-3.1; O.C.G.A. 45-20-4.
