(A) "Section 124.34 orders" and orders of involuntary disability separation may be affirmed only if each of the following criteria are satisfied:
(1) The copy of the order served on the employee shall bear the original signature of the appointing authority and the date of signature. If an appointing authority is a public body, the order must contain the signatures of a majority of the members, or in the alternative, a certified copy of the resolution adopting the order shall be attached to each copy of the order; and
(2) The employer shall serve the employee with a copy of the order on or before the effective date of the action; and
(3) The order shows, on its face, a list of particulars which form the basis for the order; and
(4) The appointing authority can, if challenged, demonstrate both the authority of the signer and the authenticity of the signature on a "section 124.34 order" or an order of involuntary disability separation.
(B) Disaffirmance of an order under this rule shall not be a bar to filing another "section 124.34 order" or an order of involuntary disability separation based upon the same allegations.
119.032 review dates:
Promulgated Under: 119.03
Statutory Authority: 124.03
Rule Amplifies: 124.03, 124.34
Prior Effective Dates: 7/7/79, 3/3/86, 3/1/93, 3/28/98, 5/18/00, 5/17/01