Title 45, Chapter 20, Section 8
( 45-20-8)
(a) Permanent status employees may be dismissed from employment or
otherwise adversely affected as to compensation or employment status
only if such action is taken in accordance with the rules and
regulations of the State Personnel Board. (b) This article is not intended to create a property interest in
the job, but rather to create only a procedure under which permanent
status employees can be dismissed or otherwise adversely affected.
The procedure adopted for dismissing a permanent status employee
from employment or otherwise adversely affecting his compensation or
employment status shall include, as a minimum, that the appointing
authority must provide the permanent status employee with reasons
for the action and an opportunity to file an appeal and request a
hearing which may be held before either the board or an
administrative law judge; provided, however, that the hearing may be
held subsequent to the effective date of the dismissal or other
purported adverse action; provided, further, that the right to
appeal shall not apply when persons are dismissed or otherwise
adversely affected as to compensation due to curtailment of funds or
reduction in staff when such action is in accordance with the rules
and regulations of the State Personnel Board. (c) No adverse action appealed to the State Personnel Board under
the rules and regulations of the board, this article, or otherwise
shall be considered invalid for failure to follow or comply with the
rules and regulations of the board, this article, or any other
requirement unless it is shown that the individual against whom the
action has been taken has been substantially harmed by the
procedural failure. (d) The decision of the board on an appeal as to whether a dismissal
or other adverse action was in accordance with the rules and
regulations prescribed by the State Personnel Board shall be binding
upon the appointing authority. The board may modify the action of
the appointing authority but may not increase the severity of such
action on the employee. Such appointing authority shall promptly
comply with such order as may be issued as a result of the appeal to
the State Personnel Board. The decision of the board shall not limit
the rights of the employee or the department to judicial review as
to errors of law and such decision shall be stayed pending other
further appeal. (e) For purposes of this Code section and Code Section 45-20-9, administrative law judges appointed by the chief state administrative law judge pursuant to Article 2 of Chapter 13 of Title 50 are authorized to hold hearings and otherwise assist the State Personnel Board in the resolution of appeals. |