Section 50.80 Allocation Appeals

Section 50

Section 50.80  Allocation

Appeals

a)         Any employee affected by the allocation of a position to a

class may appeal to the Commission, provided that the employee has requested

and received a reconsideration decision from the Director, and that the appeal

to the Commission is received within 15 calendar days after service of the

Director's reconsideration decision.  A copy of the notice of appeal must be

served upon the Director.  Such notice should state the name of the employee,

his Department or Division, and a description of the classification dispute.

b)         Upon the receipt of a notice of appeal, the Director, shall

file with the Commission within 20 calendar days a submission setting forth in

full a clear and brief recitation of all relevent facts, argumentative facts,

and documentary evidence submitted in exhibit form to substantiate the

reconsidered decision.  If said submission, as a matter of law, does not set

forth facts and reasons from which it could be reasonably concluded that the

employee is properly classified, summary judgement may be granted.  A copy of

the submission shall be served upon the employee.

c)         Within 20 calendar days of the receipt of the Director's

submission, the employee must file with the Commission an answer setting forth

all relevant facts, argumentative facts, and documentary evidence in exhibit

form.  A copy of such answer must be served upon the Director.  The employee

shall point out with particularity the employee's disagreement with the

submission of the Director.

d)         If upon reviewing the material submitted by the Director the

employee desires an oral conference, he/she should so state at the beginning of

his/her answer.  If upon reviewing the employee's answer, the Director desires

an oral conference, he/she should so indicate within five calendar days of the

receipt of the employee's answer

's disagreement with the

submission of the Director.

d)         If upon reviewing the material submitted by the Director the

employee desires an oral conference, he/she should so state at the beginning of

his/her answer.  If upon reviewing the employee's answer, the Director desires

an oral conference, he/she should so indicate within five calendar days of the

receipt of the employee's answer.  An informal conference will be convened if

requested by either of the parties, and at least 10 calendar days notice will

be given the parties of the time and date of such hearing.

e)         Parties may be heard either in person, by counsel, or by other

representatives as they may respectively elect.

f)         The Commission may make its decision on the pleadings, i.e.,

the submission and answer, if sufficient non-controverted facts exist or it may

order formal hearings held on disputed issues of fact or law at the request of

either party or upon its own motion.

g)         Upon failure to comply with this Section, the Commission may

make its decision on the facts before it if sufficient facts exist, or it may

default the non-complying party.  Such a decision shall be deemed to be a

decision on the merits of the appeal.  In making such decision an adverse

inference shall be drawn against any party failing to comply with this Section.

h)         Unless inconsistent with this Section, the procedures of

Section 50.110 shall apply to formal allocation hearings.