Chapter 124-5 Contents of Appeals; Removal, Reduction, or Suspension Without a Section 124.34 Order

(A) All appeals to the state personnel board of review shall be in writing.

(1) If an appeal is received by United States mail, inter-office mail, or by personal delivery, the appeal is deemed to have been filed as of the date of its receipt as evidenced by the board’s time stamp.

(2) If an appeal is made by facsimile transmission or by electronic mail, the appeal is deemed to have been filed as of the date of its receipt as evidenced by the receipt date generated by the board’s facsimile transmission or as shown on the electronic mail received by the board.

(3) Appeals filed pursuant to subsections 1 and 2 of this rule shall be subject to the provisions of rule 124-11-09 of the Administrative Code.

(B) Notices of appeal shall include the following information:

(1) The appellant’s name, address, and telephone number; and

(2) The name, address, and telephone number of the appointing authority; and

(3) A description or summary of the action which is being appealed.

(C) Appellants shall notify the state personnel board of review, in writing, of any change of address during the pendency of an appeal.

R.C. 119.032 review dates: 02/28/2008 and 02/28/2013

Promulgated Under: 119.03

Statutory Authority: 124.03

Rule Amplifies: 124.03, 124.14, 124.328, 124.33, 124.34, 124.341, 124.40, 124.56, 4167.13

Prior Effective Dates: 7/26/79, 3/3/86, 3/1/93

If a reduction, removal or suspension is alleged and no “section 124.34 order” has been filed with the state personnel board of review, the employee shall prove, by a preponderance of the evidence, that the reduction, removal or suspension occurred.

R.C. 119.032 review dates: 02/28/2003 and 02/28/2008

Promulgated Under: 119.03

Statutory Authority: 124.03

Rule Amplifies: 124.03, 124.34, 124.341, 4167.13

Prior Effective Dates: 7/1/79, 3/1/93