13.37 Delay for Filing an Application for Review of a Referee's Decision.

(a) No application for review of a Referee's decision shall be effective unless a written notice complying with the requirements of Rule 13.36 is received in the office of the Director of the Department of State Civil Service (located at 1201 Capitol Access Road, Baton Rouge, Louisiana) within fifteen (15) calendar days after the date that the Referee's decision was filed with the Director.

Applications for review of a referee's decision may be mailed to the Commission at P.O. Box 94111, Baton Rouge, Louisiana 70804, but to be considered timely, the application must be properly addressed with proper postage affixed and must be postmarked by the United States Postal Service within fifteen (15) calendar days after the date that the Referee's decision was filed with the Director.

(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 Subsection (a) hereof.

(c) No application for review of a referee's decision shall be supplemented or amended following the expiration of the delay period stipulated by Subsection (a) hereof.

(d) Proof of the timeliness of mailing an application for review shall be shown only by a legible official United States postmark or by official receipt or certificate from the United States 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 application for review is received in the Director's office shall determine whether the application was timely filed.

13.38 Action Required Following Commission's or Referee's Decision.

(a) Following the granting of an appeal of a separation and within fifteen (15) calendar days from the date of the mailing of the decision, the Appellant shall present himself ready for work at the time and place of his employment as it existed prior to the separation, shall be returned by the appointing authority to the regular payroll at that time, and shall, at that time or as soon thereafter as possible, present to his employer satisfactory proof of all wages earned and unemployment compensation received, if any, during the period of Appellant's separation, or, if no wages or unemployment compensation have been so received, Appellant shall present a written and signed statement to that effect to his employer upon his return. Further, within fifteen (15) days following receipt of such information the appointing authority shall deliver to the office responsible for the actual disbursement of the funds representing the back pay due a request for such disbursement which office shall promptly cause such disbursement, and the appointing authority shall otherwise comply with the orders contained in the decision. Further, within thirty (30) days from receipt by the Appellant of the check representing the back pay due, the Appellant, at his sole option, may repurchase all or part of the annual leave balance held by him at his separation the value of which was paid to him at his separation pursuant to Rule 11.10(a). All of the above shall apply unless otherwise stayed by a court of competent jurisdiction.

(b) Following the granting of the appeal of a suspension, demotion or reduction in pay, and within fifteen (15) calendar days from the date of the mailing of the copy of the decision to all parties or as soon thereafter as possible, the Appellant shall present to his employer satisfactory proof of all wages earned and unemployment compensation received, if any, during the period of suspension, or, if no wages or unemployment compensation have been received, the Appellant shall present to his employer a signed statement to that effect. Within fifteen (15) days from receipt of such proof or written statement, appointing authority shall deliver to the office responsible for the actual disbursement of the funds representing the back pay due a request for such disbursement, which office shall promptly cause such disbursement, and the appointing authority shall otherwise comply with the orders contained in the decision, all unless otherwise stayed by a court of competent jurisdiction.

(c) In the event that a timely application for review of a Referee's decision is filed with the Commission, the Appellant shall be notified immediately by a direct mailing by the appointing authority of the application for review to his last known address, in addition to any mailing of that application to Appellant's counsel of record, if any. In such event, the time limits referred to in (a) and (b), above, shall begin to run from the date of the mailing of the decision of the Commission denying the application for review or the rendering of a decision on the merits of an appeal following consideration of the application for review. In the event of a remand by the Commission following consideration of an application for review, the time limits mentioned in (a) and (b), above, shall not begin to run until the date of the mailing to all parties of the subsequent decision of the Referee.

(d) In the event all or part of decision granting an appeal is stayed by a court of competent jurisdiction, the time limits specified herein shall begin to run upon the date the decision of the judiciary in the case presented to it becomes final.

[There are no rules numbered 13.39 - 13.49]

13.50 Alternative Dispute Resolution; Pilot Program.

(a) The Appeals Division is authorized to pilot an Alternative Dispute Resolution Program and to establish its guidelines. The Appeals Division will submit the guidelines to the Commission for its approval.

(b) The purpose of the Alternative Dispute Resolution Program is to encourage the resolution of employment disputes without traditional adversarial hearings.

13.51 Mediation.

(a) The Commission or a Referee may direct the attorneys and the parties in an appeal to participate in mediation to attempt to resolve the appeal before a hearing.

(b) A member of the Commission, a Referee, or anyone appointed by the Commission or by the Chief Referee may conduct the mediation. The person who conducts the mediation must meet the Mediator qualifications established by the Appeals Division.

(c) The Mediator's role is to facilitate communication among the parties at the mediation. The Mediator will not later influence, participate in, or make any decision on any issue in the appeal. The Mediator will not issue any orders or sanctions pertaining to the mediation or the appeal.

(d) Before the mediation, the attorneys must confer with their clients about the clients' goals and expectations from settlement. The attorneys and every person whose authority is necessary for settlement must appear at the mediation (or, at the discretion of the Mediator, be available by telephone), on time and prepared to negotiate.

(e) The Commission, the Chief Referee, or the Referee presiding over the appeal may order the attorneys and/or the parties to bring to (or exchange before) the mediation a witness and exhibit list, relevant documents and/or exhibits, a proposed settlement offer, and anything else that will aid in resolving the appeal.

(f) The mediation will not be open to the public and will be confidential as established in the guidelines.

(g) If anyone fails to comply with an order pertaining to the mediation, the Commission or the Referee presiding over the appeal may order appropriate sanctions. Those sanctions may include punishing for contempt, dismissing the appeal or portions of it, reversing the action appealed or portions of it, and assessing costs and attorney's fees against the noncomplying person.