§ 10-11-2-15 — Discharge, demotion, and suspension of employee; hearings; judicial review

(a) The superintendent may discharge,
demote, or temporarily suspend an employee of the department for
cause, after setting forth charges in writing.
(b) The charges may be based on any violation of the laws of
Indiana or any violation of the rules of the department approved by the
board. A copy of the charges shall be personally delivered to the
employee by the employee's immediate commanding officer.
(c) An employee who is charged under this section has a right to
answer the charges in a personal appearance before the superintendent.
The superintendent shall set the appearance not less than five (5) days
after the delivery of the copy of the written charges to the employee.
(d) Under the charges and after the personal appearance under this
section, disciplinary action taken by the superintendent is subject to
review at a public hearing before the board if the hearing is demanded
by the disciplined employee not later than fifteen (15) days after
receiving notice of the disciplinary action. The notice shall be by
certified mail, return receipt requested, and shall be addressed to the
employee at the employee's last known place of residence. If the
employee fails to request a hearing before the board not later than
fifteen (15) days after receiving notice of disciplinary action, as
provided in this section, the decision and action of the superintendent
are final and not subject to review.
(e) An employee who requests a hearing before the board under this
section may be represented by counsel. The attorney general shall
appear in the case to represent the interests of the people of the state.
(f) The state has the burden of proving the charges giving rise to the
hearing. The procedure in a hearing before the board is informal and
without recourse to the technical common law rules of evidence
required in proceedings in courts.
(g) The board shall:
(1) designate a reporter for the hearing; and
(2) after all evidence has been introduced, make an informal
finding of facts and a determination based upon the facts.
(h) The board shall notify the employee of its findings and
determination by certified mail, return receipt requested, addressed to
the employee at the employee's last known place of residence. If
aggrieved by the determination, an employee may seek judicial review
under IC 4-21.5-5.
(i) Probationers may be discharged, demoted, or temporarily
suspended without right to a hearing before the board.
(j) An employee may not be discharged, demoted, temporarily
suspended, or disciplined:
(1) because of political affiliation; or
(2) after the employee's probationary period, except as provided
in this chapter.
(k) This chapter may not be construed to prevent the exercise of
disciplinary measures by commanding officers within the department
under the rules approved by the board.
[Pre-2003 Recodification Citation: 10-1-1-6.]

Legislative History

As added by P.L.2-2003, SEC.2.