CHAPTER 13

APPEALS AND HEARINGS

 

13.1 Amended and re-enacted effective April 1, 1955 as Rule 13.10.

13.2 Amended and re-enacted effective April 1, 1955 as parts of Rules 13.11 and 13.20.

13.3 Amended and re-enacted effective April 1, 1955 as Rule 13.28.

13.4 Amended and re-enacted effective April 1, 1955 as Rule 13.19.  

13.5 Amended and re-enacted effective April 1, 1955 as parts of Rules 13.21 and 13.25.

13.6 Amended and re-enacted effective April 1, 1955 as a part of Rule 13.21.

13.7 Amended and re-enacted effective April 1, 1955 as Rule 13.27.

13.8 Amended and re-enacted effective April 1, 1955 as Rule 13.17.

13.9 Amended and re-enacted effective April 1, 1955 as a part of Rule 13.22.

13.10 Appeals to the Commission.

Only the following persons have a right of appeal to the Commission:

(a) a state classified employee with permanent status who has been removed or subjected to one of the disciplinary actions listed in Rule 12.2(b).

(b) a state classified employee who has been discriminated against in any employment action or decision because of his political or religious beliefs, sex or race.

(c) a state classified employee who has been adversely affected by a violation of any provision in the Civil Service Article or of any Civil Service Rule other than a rule in Chapter 10.

(d) REPEALED - EFFECTIVE MARCH 1, 2001

(e) REPEALED - EFFECTIVE MARCH 1, 2001

(f) REPEALED - EFFECTIVE MARCH 1, 2001

(g) REPEALED - EFFECTIVE MARCH 1, 2001

(h) REPEALED - EFFECTIVE MARCH 1, 2001

(i) REPEALED - EFFECTIVE MARCH 1, 2001

(j) REPEALED - EFFECTIVE MARCH 1, 2001

(k) REPEALED - EFFECTIVE JULY 1, 1997

(l) REPEALED - EFFECTIVE MARCH 1, 2001

(m) REPEALED - EFFECTIVE MARCH 1, 2001

13.11 Request for Appeal.

A notice of appeal must

(a) Be in writing; and

(b) Be signed by the appellant, or on his behalf by an attorney duly licensed to practice law in the Courts of the State of Louisiana, or on his behalf by a senior student of law designated under the provisions of Rule 13.19(b)2; and

(c) Give the name and mailing address of the appellant, and of his attorney or designated senior law student, if any and

(d) Contain a clear and concise statement of the actions complained against and a clear and concise statement of the basis of the appeal. Where discrimination is alleged to be a basis for appeal, specific facts supporting the conclusion of discrimination must be alleged in detail. The specific facts required will vary depending on the nature of the appeal; however, the facts must be alleged in sufficient detail to enable the agency to prepare a defense. A conclusion of discrimination is not sufficient. The types of facts which must be included are:

  1. the date, time and place the discriminatory action took place;
  2. the name of the person or agency alleged to have taken the discriminatory action;
  3. a description of how appellant's action, conduct or performance was the same as that of other persons who were treated differently;
  4. the names of other persons treated differently and the dates the different treatment occurred;
  5. a description of events, including the dates and circumstances thereof, which led appellant to believe that the adverse decision was based on his religious or political beliefs, sex, race, or any other non-merit factor.

Where a violation of the Article or a Rule is alleged to be a basis for appeal, specific facts supporting the conclusion that a violation has occurred must be alleged in sufficient detail to enable the agency to prepare a defense.

(e) Give the date on which the action appealed from occurred, or that the appellant learned thereof; and

(f) State the date that the appellant received written notice of the action complained against, if written notice was given; and

(g) State the relief the appellant seeks.

13.12 Delay for Making Appeal.

(a) No appeal shall be effective unless a written notice complying with the requirements of Rule 13.11 is either (i) received in the office of the Director of the State Department of Civil Service at Baton Rouge, Louisiana, or (ii) is addressed to the Director of the State Department of Civil Service at Baton Rouge, Louisiana, with proper postage affixed, and is dated by the United States Post Office.
  1. Within thirty (30) calendar days after the date on which appellant received written notice of the action on which the appeal is based when written notice before or after the action is required by these Rules; or
  2. Within thirty (30) calendar days after the date when appellant learned or was aware that the action complained of had occurred when no written notice is required by these Rules or, if required, was given tardily or not at all.

(b) Legal holidays and days on which the office of the Department of State Civil Service is closed shall not serve to extend the delay period specified in Sub-section (a) hereof.

(c) No appeal shall lie against any action following the expiration of three hundred sixty-five (365) calendar days from the date on which it occurred.

(d) No appeal shall be supplemented or amended following the expiration of the delay period stipulated by Sub-section (a) hereof.

(e) Proof of the timeliness of mailing a request for appeal shall be shown only by a legible official United States postmark or by official receipt or certificate from the United State Postal Service made at the time of mailing which indicates the date thereof. In the event that the postmark is absent or illegible, the date that the request is received in the Director's office shall determine whether the appeal was timely filed.

 

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