Legislation
SECTION 120
Applications and appeals
Civil Service (CVS) CHAPTER 7, ARTICLE 8, TITLE A
§ 120. Applications and appeals. 1. Applications to director. Any
employee occupying a position, the title or salary grade of which is
subject to the jurisdiction of the director of the classification and
compensation division, and any appointing officer, with respect to any
such position or positions in his department or agency, may apply to the
director, on a form prescribed and furnished by him, for a review and
change of the classification or allocation of such positions. Such
employee or appointing officer or their representatives shall be
afforded a reasonable opportunity to present facts in support of or in
relation to such application at a time and in such manner as may be
specified by the director. The director shall examine and review any
such application and may make such changes in classification or
allocation as may be just and equitable. The director shall have the
power to designate an officer or employee of the division to conduct a
hearing with relation to any application for such reclassification or
reallocation and to report to the director thereon.
2. Appeals to the state civil service commission. Any employee or
appointing officer aggrieved by a determination of the director may
appeal from such determination to the state civil service commission.
Such appeal must be made within sixty days after receipt of written
notice of such determination. Such employee or appointing officer or
their representatives shall be afforded an opportunity to present facts
and arguments in support of or in relation to such appeal at a time and
place and in such manner as may be prescribed by the commission. The
commission shall examine and review such appeal and make such changes in
classification or allocation as may be just and equitable.
Determinations of the commission shall be transmitted to the director of
the budget, the director of the classification and compensation
division, and the employees and department heads affected thereby.
3. Reporting on appeals. In addition to the requirements of
subdivision two of this section, the commission shall, on or before
January thirty-first of each year, submit a report to the governor and
the legislature which shall include, but not be limited to, information
detailing the total number of appeals received from determinations made
based upon written and oral examinations, performance tests and ratings
of training and experience, during the preceding twelve months, and
shall report the final disposition or dispositions of each appeal.
employee occupying a position, the title or salary grade of which is
subject to the jurisdiction of the director of the classification and
compensation division, and any appointing officer, with respect to any
such position or positions in his department or agency, may apply to the
director, on a form prescribed and furnished by him, for a review and
change of the classification or allocation of such positions. Such
employee or appointing officer or their representatives shall be
afforded a reasonable opportunity to present facts in support of or in
relation to such application at a time and in such manner as may be
specified by the director. The director shall examine and review any
such application and may make such changes in classification or
allocation as may be just and equitable. The director shall have the
power to designate an officer or employee of the division to conduct a
hearing with relation to any application for such reclassification or
reallocation and to report to the director thereon.
2. Appeals to the state civil service commission. Any employee or
appointing officer aggrieved by a determination of the director may
appeal from such determination to the state civil service commission.
Such appeal must be made within sixty days after receipt of written
notice of such determination. Such employee or appointing officer or
their representatives shall be afforded an opportunity to present facts
and arguments in support of or in relation to such appeal at a time and
place and in such manner as may be prescribed by the commission. The
commission shall examine and review such appeal and make such changes in
classification or allocation as may be just and equitable.
Determinations of the commission shall be transmitted to the director of
the budget, the director of the classification and compensation
division, and the employees and department heads affected thereby.
3. Reporting on appeals. In addition to the requirements of
subdivision two of this section, the commission shall, on or before
January thirty-first of each year, submit a report to the governor and
the legislature which shall include, but not be limited to, information
detailing the total number of appeals received from determinations made
based upon written and oral examinations, performance tests and ratings
of training and experience, during the preceding twelve months, and
shall report the final disposition or dispositions of each appeal.