This text of Alabama § 45-58A-70.24 (Hearings — Rendering and Enforcing Decision; Filing of Charges; Service of Charges; Forfeiture of Vacation Upon Dismissal; Appeals) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)The board shall render its decision within 10 calendar days after the conclusion of the hearing which shall forthwith be certified to the appointing authority who shall enforce the decision. Copies of the decision shall be delivered to all other parties at interest. The board may rescind, modify, or increase the penalty imposed by the appointing authority as warranted by the facts adduced at the hearing.
(b)The board may require that testimony introduced at hearings be record-ed, but not transcribed, except upon further order.
(c)(1) Any person who desires to file charges against an employee shall file the charges in writing and shall recite therein the specific act or acts of the employee constituting the cause. The director shall serve a copy of the charges on the accused employee a
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(a)
The board shall render its decision within 10 calendar days after the conclusion of the hearing which shall forthwith be certified to the appointing authority who shall enforce the decision. Copies of the decision shall be delivered to all other parties at interest. The board may rescind, modify, or increase the penalty imposed by the appointing authority as warranted by the facts adduced at the hearing.
(b) The board may require that testimony introduced at hearings be record-ed, but not transcribed, except upon further order.
(c)(1) Any person who desires to file charges against an employee shall file the charges in writing and shall recite therein the specific act or acts of the employee constituting the cause. The director shall serve a copy of the charges on the accused employee and shall fix a day for the hearing.
(2) The accused employee, within five calendar days after service, shall file a written answer to the charges. Failure on the part of the accused employee to file the answer shall be deemed an admission of the truth of the charges without further investigation or hearing on the part of the board. If the hearing is held before the director, the testimony shall be recorded. A decision shall be rendered by the board in accordance with this part.
(d) An employee in the classified service may also be dismissed, demoted or suspended upon charges made by the director. Charges preferred by the director shall be served on the employee and a public hearing shall be scheduled by the board within the time and manner prescribed in this part.
(e) Any employee who is dismissed for cause shall forfeit all vacation allowances.
(f)(1) The decision of the board based upon all proceedings before the board shall be final and may be appealed by either party to the circuit court to review questions and whether or not the decision or order of the board is supported by substantial and legal evidence. On the appeal, the circuit court shall review the record and shall affirm, reverse, remand, or render the cause.
(2) The decision of the board shall be controlling until reversed on appeal as provided for herein. The appeal shall be perfected by filing with the director a statement in writing, signed by the party appealing, to the effect that the party appeals from the decision or order of the board to the circuit court. The statement shall be filed within 10 calendar days from the announcement of the decision or order of the board.
(g)(1) Any employee suspended without right to a hearing before the board may obtain a review of the suspension by the appointing authority by filing with the appointing authority, not more than 10 days thereafter, a written answer to the charges and a request for the review. A hearing shall be held thereon not more than 20 days thereafter to determine whether the suspension should be rescinded.
(2) At the hearing, the employee may be represented by counsel and present relevant testimony. The appointing authority may authorize a representative to conduct the hearing and submit within five days thereafter a finding of facts together with recommendations to the appointing authority. Within a period of 10 days after the hearing, the appointing authority may rescind all or any part of the suspension. A suspended employee shall be entitled to full salary for any period of suspension rescinded hereunder.