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Frequently Asked Questions

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Disciplinary Appeals (Rule VII):
Is acceptance of my appeal discretionary or automatic?
How long do I have to file an appeal and answer once I have been served with the final order of discipline?
Do I have to hand-deliver the appeal and answer?
Selection Process Appeals (Rule X):
Do I have to file an appeal with DHR prior to filing an appeal with the Commission?
How long do I have to file a timely appeal with the Commission?
Does the notification I receive regarding my appeal to the Director of DHR or the appointing authority have to be in writing?
Is there a certain form I need to fill out to file a Selection Process appeal with the Commission, and, if so, where do I obtain a copy?
Is my Selection Process appeal automatic or discretionary?
Discrimination Complaints (Rule VI):
Is acceptance of my complaint automatic or discretionary?
How long do I have to file a complaint?
Is there a certain type of form I can fill out in order to file my complaint?
Who will actually conduct the investigation on my complaint?
What happens if probable cause is found as the result of the investigation?
Investigation Complaints (Rule XI):
Do I have a certain time in which to file an investigation complaint?
Are requests for investigations under Rule XI automatic or discretionary?
Is there a specific form that I need to fill out in order to file a Rule XI complaint?
Is the Commission's action final in investigative findings?
FAQ's that would apply to all appeals and/or complaints lodged with the Commission.
Do I have to have an attorney or some other type of representation at my hearing/investigation?
May I subpoena witnesses and/or records?
When will I find out the Commission's decision in my case?
If I do not agree with the Commission's decision, may I file another appeal?

Disciplinary Appeals (Rule VII):
Is acceptance of my appeal discretionary or automatic?

Your appeal is automatic as long as it is filed timely.

How long do I have to file an appeal and answer once I have been served with the final order of discipline?

You have ten (10) calendar days from the date you are served with the final order of discipline to file an appeal and answer with the Commission Office.

Do I have to hand-deliver the appeal and answer?

You may fax, mail or hand-deliver your appeal and answer. Just be certain that the Commission Office is in receipt of the appeal and answer no later than ten (10) calendar days after you are served with the final order of discipline.

Selection Process Appeals (Rule X):

Selection Process Appeals (Rule X):

Do I have to file an appeal with DHR prior to filing an appeal with the Commission?

You may appeal to the Commission any component of the selection process, including, but not limited to the establishment of job qualifications, the examination procedures, the certification process and the appointing authority's selection process. Usually this appeal is made after first appealing to the Director of DHR. This does not preclude an appeal to the Commission relating to an appointing authority's selection process.

How long do I have to file a timely appeal with the Commission?

You have fifteen (15) days from the date of receipt of notification from the Director or the appointing authority of the action being appealed to file an appeal with the Commission.

Does the notification I receive regarding my appeal to the Director of DHR or the appointing authority have to be in writing?

You may receive verbal and/or written notification as to the Director of DHR or appointing authority's disposition of your appeal.

Is there a certain form I need to fill out to file a Selection Process appeal with the Commission, and, if so, where do I obtain a copy?

There is a specific form entitled "Petition to Appeal Selection Process" which you must fill out in order to file a Selection Process appeal with the Commission. You may obtain a copy from the Commission Office or by downloading the document by clicking here "Petition". This document is in a .pdf format which can be viewed in Acrobat Reader, printed, then filled out and sent to our office. A form that can be filled out on the computer (requires Microsoft Word) is available here "Petition Form". 

Is my Selection Process appeal automatic or discretionary?

Selection Process appeals are discretionary, even if they are timely filed.

Discrimination Complaints (Rule VI):

Discrimination Complaints (Rule VI):

Is acceptance of my complaint automatic or discretionary?

Your complaint, if timely filed, and meets the discrimination requirements, shall be processed according to Rule VI.

How long do I have to file a complaint?

You have within sixty (60) calendar days of the alleged discriminatory practice(s), or knowledge thereof to file a complaint with the Commission Office.

Is there a certain type of form I can fill out in order to file my complaint?

Yes, click here for a Discrimination Complaint Form (to be printed and filled out by hand).  A form that can be filled out on the computer (requires Microsoft Word) is available by clicking here Discrimination Complaint Form Fill-In.

Who will actually conduct the investigation on my complaint?

The Commission shall refer the complaint to the Office of Internal Affairs (OIA) for review and report back.

What happens if probable cause is found as the result of the investigation?

If probable cause is determined as the result of the investigation, and no remedy may be offered by OIA or the CAO, the Commission shall conduct a hearing in accordance with the provisions of Rule VI.

Investigation Complaints (Rule XI):

Investigation Complaints (Rule XI)

Do I have a certain time in which to file an investigation complaint?

Rule XI does not contain specific deadlines in which to file an investigation complaint. However, waiting an unreasonable period of time to file such a request, without good cause, will greatly influence the Commission's determination to grant the request.

Are requests for investigations under Rule XI automatic or discretionary?

Requests under Rule XI are discretionary.

Is there a specific form that I need to fill out in order to file a Rule XI complaint?

No, there is no specific form. Your request must be in writing to the Commission and must clearly describe how the merit basis of the personnel system has been violated and identify any requested remedies.

Is the Commission's action final in investigative findings?

You may request reconsideration subsequent to the Commission rendering its findings under a Rule XI investigation. However, the request for reconsideration is discretionary, and may be considered in instances where new evidence surfaced subsequent to the Commission's findings having been rendered.

FAQ's that would apply to all appeals and/or complaints lodged with the Commission.

FAQ's that would apply to all appeals and/or complaints lodged with the Commission.

Do I have to have an attorney or some other type of representation at my hearing/investigation?

You may represent yourself, be represented by counsel, a union representative, or another individual of your choice.

May I subpoena witnesses and/or records?

In preparation for hearings you may request, in writing, subpoenas or subpoena duces tecums, to be issued from the Commission Office. Subpoenas and Subpoenas duces tecum are not normally used in investigations, but may be generated by the Commission in limited cases.  Click here for detailed information on how to request a subpoena and/or subpoena duces tecum.

When will I find out the Commission's decision in my case?

The Commission will render its decision at a public meeting soon after your appeal hearing or soon after the investigation concludes. You will receive an agenda noticing you of the meeting.

If I do not agree with the Commission's decision, may I file another appeal?

Generally, the Commission's decisions are deemed final as far as your administrative remedies are concerned. However, you may file a writ of mandamus with the Superior Court to seek review of the Commission's decision.