Chapter 124-3 | Section 124.34 Orders

Rule 124-3-01 | Requirements of "section 124.34 orders" and orders of involuntary disability separation.

• Effective: April 16, 2009
• Promulgated Under: 119.03

(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.

Last updated December 5, 2023 at 11:00 AM

Supplemental Information

Authorized By: 124.03
Amplifies: 124.03, 124.34
Five Year Review Date: 11/29/2028

Rule 124-3-02 | Service of "section 124.34 orders" and orders of involuntary disability separation.

• Effective: March 24, 2019
• Promulgated Under: 119.03

(A) A "section 124.34 order" or an order of involuntary disability separation is served on an employee when:

(1) It is personally served upon the employee; or

(2) It is delivered to the employee's last known address, by certified mail with electronic delivery confirmation; or

(3) It is left at the usual place of residence, or last known address of the affected employee, with an adult residing therein.

(B) At any time delivery by one of the methods listed under paragraph (A)(2) of this rule is attempted but unsuccessful as evidenced by the electronic service delivery or tracking, then the "section 124.34 order" or the order of involuntary disability separation may be sent by ordinary mail, evidenced by a certificate of mailing. A "section 124.34 order" or an order of involuntary disability separation issued to an employee under the provisions of this paragraph shall be deemed served on the third calendar day after the order is mailed.

(C) Employees shall notify the appointing authority of any changes of address throughout their employment. A "section 124.34 order" or an order of involuntary disability separation will not be disaffirmed based upon an appointing authority's failure to serve the employee with a copy of the order where the employee has failed to notify the appointing authority of a change of address and the appointing authority has attempted to serve a copy of the order to the employee's last known address. The burden is on the employee to prove the appointing authority was notified of a change in the employee's address.

Last updated December 5, 2023 at 11:01 AM

Supplemental Information

Authorized By: 124.03
Amplifies: 124.03, 124.34, 4167.13
Five Year Review Date: 11/29/2028

Rule 124-3-03 | Amendment or rescission of "section 124.34 orders" and orders of involuntary disability separation.

• Effective: March 24, 2014
• Promulgated Under: 119.03

(A) An appointing authority may, at any time prior to the first record hearing, delete material contained in a "section 124.34 order. " After the first record hearing has begun, the board may permit the deletion of material from a "section 124.34 order."

(B) Material not originally present in a "section 124.34 order" may not be added to the order after it is furnished to the employee.

(1) Such material, if not barred by rule 124-3-04 of the Administrative Code, may be made the basis of a subsequent order.

(2) An appointing authority may correct errors at any time as long as the substance of an allegation is not changed.

(C) Upon written notice to the employee, an appointing authority may rescind a "section 124.34 order" or an order of involuntary disability separation. Rescission of a "section 124.34 order" or an order of involuntary disability separation under this rule shall not be a bar to filing another order based upon the same allegations.

Last updated December 5, 2023 at 11:01 AM

Supplemental Information

Authorized By: 124.03
Amplifies: 124.03, 124.34, 4167.13
Five Year Review Date: 11/29/2028
Prior Effective Dates: 3/1/1993, 5/18/2000