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

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

 
 
 
Rule
Rule 124-5-01 | Filing and contents of appeals.
 

(A) An appeal is filed when it is received in writing and time stamped by the office of the state personnel board of review or when it is received by electronic transmission of information to the designated email address of the board or the board's fax equipment. Any appeal received after five p.m. on a business day, or received at any time on a non-business day, shall be considered to be filed on the next business day. The date and time of receipt of an appeal filed electronically is the time stamp provided by the state personnel board of review's email system or fax equipment; the time stamp provided by any other computer system or equipment shall not alter the time of receipt.

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

(1) The appellant's name, mailing address, email address, if applicable, and telephone number; and

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

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

(4) An appeal filed electronically shall contain an electronic signature or an /s/ notation followed by the name of the filer.

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

(D) If there is a defect in filing due to the failure of the state personnel board of review's equipment, the board may waive such defect if no undue prejudice would result.

(E) Any party or representative who lacks the capability to send or receive documents electronically must file a written letter with the state personnel board of review requesting relief from electronic service of documents. The party or representative requesting relief shall show good cause why it is not feasible to send or receive documents electronically.

Supplemental Information

Authorized By: 124.03
Amplifies: 124.03, 124.14, 124.328, 124.33, 124.34, 124.341, 124.40, 124.56, 4167.13
Five Year Review Date: 1/4/2024
Prior Effective Dates: 3/1/1993
Rule 124-5-02 | Removals, reductions and suspensions without an order.
 

If an employee alleges that a reduction, removal or suspension has occurred and no "section 124.34 order" has been served on the employee, then the employee shall prove, by a preponderance of the evidence, that the reduction, removal or suspension occurred.

Supplemental Information

Authorized By: 124.03
Amplifies: 124.03, 124.34, 124.341, 4167.13
Five Year Review Date: 1/4/2024
Prior Effective Dates: 7/1/1979, 3/1/1993