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Session Laws, 1994
Volume 773, Page 2339   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                            Ch. 485

(2) THE TIME LIMITS IN PARAGRAPH (1) OF THIS SUBSECTION DO NOT
APPLY TO A CLASSIFIED EMPLOYEE WHOSE DUTIES INCLUDE MANDATORY
APPEARANCES BEFORE A COURT, REGULATORY UNIT. OR ADMINISTRATIVE BODY,
IF THE LIMITS:

(I) WOULD CONFLICT WITH A SCHEDULED APPEARANCE OF THE
EMPLOYEE BEFORE A COURT, REGULATORY UNIT, OR ADMINISTRATIVE BODY; AND

(II) WOULD THEREBY HAMPER THE EFFECTIVE ADMINISTRATION
OF THE UNIVERSITY'S BUSINESS.

(D)     (1) THE VICE PRESIDENT OR PROGRAM DIRECTOR MAY AUTHORIZE A
DESIGNEE TO RECEIVE APPEALS UNDER THIS SUBSECTION.

(2) A SUSPENDED CLASSIFIED EMPLOYEE OR A REPRESENTATIVE OF
THE EMPLOYEE MAY SUBMIT A WRITTEN APPEAL OF A DISCIPLINARY SUSPENSION:

(I) WITHIN 3 WORKDAYS AFTER RECEIPT OF A NOTICE OF
SUSPENSION. TO THE VICE PRESIDENT OR PROGRAM DIRECTOR; OR

(II) WITHIN 5 WORKDAYS AFTER RECEIPT OF A NOTICE OF
SUSPENSION, TO THE PRESIDENT, IN ACCORDANCE WITH PROCEDURES
ESTABLISHED IN POLICIES ADOPTED BY THE BOARD OF REGENTS.

(E)     (1) THE VICE PRESIDENT OR PROGRAM DIRECTOR MAY AUTHORIZE A
DESIGNEE TO HEAR APPEALS UNDER THIS SUBSECTION.

(2) IF AN APPEAL IS MADE TO THE VICE PRESIDENT OR PROGRAM
DIRECTOR, THE VICE PRESIDENT OR PROGRAM DIRECTOR SHALL:

(I) HOLD A HEARING WITHIN 3 WORKDAYS AFTER RECEIVING
THE APPEAL; AND

(II) ISSUE A WRITTEN DECISION WITHIN THE TIME ESTABLISHED
IN POLICIES ADOPTED BY THE BOARD OF REGENTS.

(3) IF, AS A RESULT OF MANAGEMENT DELAY, THE APPEAL IS NOT
HEARD AND DECIDED WITHIN THE TIMES REQUIRED BY THIS SUBSECTION, THE
VICE PRESIDENT OR PROGRAM DIRECTOR SHALL REINSTATE THE SUSPENDED
CLASSIFIED EMPLOYEE WITH FULL BACK PAY.

(4) IF A CLASSIFIED EMPLOYEE APPEALS UNDER THIS SUBSECTION, THE
EMPLOYEE MAY NOT FURTHER APPEAL THE SUSPENSION EXCEPT IN ACCORDANCE
WITH STEP THREE OF THE GRIEVANCE PROCEDURES UNDER § 14-1B-06 OF THIS
TITLE.

(F)      (1) IF AN APPEAL IS MADE TO THE PRESIDENT, THE PRESIDENT SHALL
ISSUE A PROPOSED WRITTEN DECISION FOR APPROVAL BY THE SECRETARY OF
PERSONNEL
WITHIN 45 DAYS AFTER THE LATER OF:

(I) THE CONCLUSION OF THE HEARING; AND

- 2339 -

 

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Session Laws, 1994
Volume 773, Page 2339   View pdf image
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