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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Rule 124-3-04 | Laches.

 

(A) Employees shall not be disciplined for acts which have been known or should have been known to the appointing authority more than two years prior to the issuance of a "section 124.34 order."

(1) Whether an appointing authority knew or should have known of the occurrence of events giving rise to disciplinary action is a question of fact to be determined by the board.

(2) The length of time between the occurrence of the action, the appointing authority's knowledge of the incident, and the imposition of discipline will be factors in the board's determination of the appropriateness of the disciplinary action.

(B) This rule does not bar discipline based upon a criminal conviction, less than two years old, although the incidents giving rise to such conviction occurred more than two years prior to the imposition of discipline.

Last updated December 5, 2023 at 11:01 AM

Supplemental Information

Authorized By:
Amplifies:
Five Year Review Date:
Prior Effective Dates: 7/9/1979