ABOUT THE PROCESS
IF I HAVE A COVERED DISCIPLINARY ACTION, HOW DO I
FILE?
Appeal from a disciplinary action: An appeal shall be filed
in writing and in accordance with A.R.S. §41-785. An appeal must be
received in the board office by the 10th working day from the
effective date of the disciplinary action. The appeal shall state the
facts with specificity upon which the appeal is based, along with the
action being requested of the board.
Complaint from a prohibited personnel practice
(whistleblower): A whistleblower complaint shall be filed in writing and
in accordance with A.R.S. §38-532 et seq. A complaint must be received in
the board office by the 10th calendar day from the effective date
of the prohibited personnel action.
WHAT HAPPENS AT A HEARING?
After receipt of an appeal or complaint, the Personnel Board
will assign a hearing officer and set a hearing date. Notification will be
mailed to the parties. Hearings are open to the public unless the
appellant/complainant requests it be confidential, and shall be informal
with the technical rules of evidence not applying to the proceedings
except the rule of privilege recognized by law.
Both the appellant/complainant (employee) and respondent
(agency) may be present to examine and cross examine witnesses and to
submit exhibits. Witnesses may be compelled to attend by subpoena, which
may be issued by the Personnel Board office. (See "How Do I Obtain
Subpoenas?") The testimony of witnesses is under oath. If a party does not
appear at the hearing, the hearing officer’s recommendation will be based
on a review of the record and the presentation of evidence by the party
who is present.
HOW DO I OBTAIN SUBPOENAS?
Once an appeal and/or complaint hearing has been scheduled,
either party may request subpoenas. The board requires that a praecipe be
completed and signed by the requesting party before the issuance can be
made. These forms are available through the Personnel Board office. The
board will prepare the subpoenas and return them to the requesting party
for proper service.
WHAT IS THE ROLE OF THE
HEARING OFFICER?
Pursuant to law, the Personnel Board has the authority to
utilize hearing officers to conduct hearings. The hearing officer is
authorized to take evidence and exercise the rights prescribed by A.R.S.
§12-2212. The hearing officer calls the proceedings to order and
determines which party has the burden of proof as well as the burden of
going forward. The state bears the burden of proof in all appeals filed
from dismissals, demotions, and suspensions of more than 40 working hours.
The employee or former employee bears the burden of proof in prohibited
personnel practice complaints.
The hearing may take the following format:
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Each party makes a brief opening statement as to what its
respective case is to show.
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The moving party presents testimony and evidence with
cross examination by the opposing party.
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The opposing party similarly proceeds with its
case.
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Each side briefly sums up its respective case and the
hearing is concluded.
The hearing officer subsequently prepares a written
recommendation containing findings of fact, conclusions of law, and a
recommendation. This report is filed with the State Personnel Board office
and the matter is then scheduled to be heard by the board at its next
regularly scheduled open meeting.
HOW DO I RESCHEDULE A
HEARING?
All requests for rescheduled and continued hearings shall
be made through and approved by the assigned hearing officer. The hearing
officer shall contact the Personnel Board office when a hearing has been
rescheduled. A notice will be mailed to all parties indicating the place,
time, and date(s) of the rescheduled hearing. In no instance is a
rescheduling of a hearing automatic. Hearing officer approval, even when
both parties agree, is necessary for any rescheduling.
IS THERE A RECORD OF THE
PROCEEDINGS?
The proceedings are digitally recorded by the hearing
officer. An audio copy of the record (on CD) is available upon request.
If the party wants the record transcribed, an entity, other than the Personnel
Board, may be employed by the requesting party to produce the transcription.
WHEN DOES THE BOARD MEET?
The Arizona State Personnel Board meets monthly. The
parties are notified ten (10) days in advance of the time and place of
the board meeting at which the appeal and/or complaint will be decided.
The board does not take new evidence at the open public meeting, but only
hears argument. Argument is limited to five (5) minutes unless otherwise
stated by the board chair. Sign in sheets for those who wish to speak will
be provided at the meeting. The board makes a final order on the appeal
and/or complaint. The board’s order may be appealed by either party to the
Superior Court in the county of residence as provided in Title 12, Chapter
7, Article 6.
WHO CAN REPRESENT ME IN THE
PROCEEDINGS?
A.R.S. §41-785-H. states
an employee may represent himself or designate a representative, not
necessarily an attorney, before any board hearing or any quasi-judicial
hearing held pursuant to this section providing that no fee may be charged
for any services rendered in connection with such hearing by any
designated representative who is not an attorney admitted to
practice. |
