Civil Service Appeals

Agenda Instructions

1. A case in which you are a party or an attorney of record has been scheduled for hearing on this agenda. Please refer to the information on the yellow sheet that was attached to the Notice of Docketing. If you have misplaced the yellow sheet, please call the Appeals Division immediately at (225) 342-8070.

2. If you are disabled and need accommodations to appear at and/or participate in your hearing, notify the Appeals Division immediately.

3. If there is some reason that a hearing is not necessary (such as if the employee does not want to pursue the appeal or if the agency does not want to pursue the action appealed or if the parties have reached a settlement), notify the Appeals Division, in writing, by mail or fax, so the time allotted for your case can be used to hear another case. The Appeals Division's fax number is (225) 342-8058.

4. If the employee (appellant) does not appear, either in person or through counsel, on time and at the proper location, for the hearing, the appeal will be dismissed. If the agency (appellee) does not appear, either through an officer or through counsel, on time and at the proper location, the action appealed may be reversed. See Civil Service Rule 13.22.

5. If you cannot attend the hearing, to avoid the consequences described in #4 above, you must obtain a continuance (postponement) of the hearing. To request a continuance, you must file a written request which explains the need for the continuance. This request should be filed as soon as you learn you need a continuance. Telephone requests for continuances are accepted only in cases of emergency. If the employee obtains a continuance, he or she may be denied back pay for the delay caused by the continuance. Continuances are not automatically granted; there must be good cause. Therefore, you are expected to appear at the hearing unless you have been advised by the Appeals Division that the hearing has been continued. See Civil Service Rule 13.18.

6. If you are going to hire an attorney, be sure the attorney you hire can be ready and available to appear on the date and time shown on this agenda. A continuance (postponement) WILL NOT be granted if you hire an attorney who already has a conflict or who cannot get ready in time. See #4 on the yellow sheet.

7. Persons and documents that are within the state are subject to the Commission's/Referee's subpoena power. If you want any person (whether he/she is a state employee or not) to be compelled to appear at the hearing and/or to produce documents, you must file a written subpoena request. This request must be actually received no later than 15 calendar days before the date of the hearing and must identify the witnesses and documents needed and must contain a brief statement of what facts will be proved by each witness and document requested. (The mere statement that a witness will testify to the facts of the case is not sufficient.) See Civil Service Rule 13.21.

If a subpoena request is not filed on time or does not contain the required information, the witnesses' appearance will not be compelled. Failure to file a timely, complete subpoena request is not good cause for a continuance. If a witness whose appearance has been compelled does not appear, the hearing will be held open to take the testimony of the absent witness at a later date, if necessary.

You may arrange for witnesses to appear voluntarily at the hearing; however, if a voluntary witness does not appear, the hearing will not be held open to take that testimony at a later date.

revised 9/98