(a) To enable the Commission to enforce the provisions of the Civil Service Article and the Civil Service Rules, the Commission may investigate conduct asserted to be in violation thereof.

(b) When, after a public investigative hearing, a state classified employee is found to have violated the Civil Service Article or a Civil Service Rule, the Commission may order him suspended, demoted, discharged or otherwise disciplined or fined for contempt in accordance with Rules 2.11 -2.13.

(c) When, after a public investigative hearing, the conduct of any person is found to have violated the Civil Service Article or a Civil Service Rule, the Commission may issue such orders as it deems appropriate.

16.2 Requests for Investigation.

(a) Any person who suspects that there has been a violation of the Civil Service Article or a Civil Service Rule may file a request for investigation with the Director.

(b) A request for investigation must be in writing and may not be combined with any other matter filed with the Director. It should: be clearly identified as a request for investigation; provide the name, mailing address and daytime telephone number of the person filing the request; and describe the conduct to be investigated in as much detail as is available to the person filing the request.

(c) A request for investigation shall not be a public record.

16.3 Investigations by the Director.

(a) The Director may, on his own initiative, investigate any suspected violation of the Civil Service Article or a Civil Service Rule and shall conduct such investigations as ordered by the Commission.

(b) Upon receipt of a request for investigation, the Director or his designee shall conduct such investigation as he deems warranted based on the information contained in the request for investigation.

(c) Following an investigation, the Director may issue a letter of admonishment, take corrective action, order an appointing authority to take corrective action, impose special reporting requirements on an appointing authority, revoke authority previously granted by the Director, require an appointing authority to obtain prior approval of personnel actions, file formal charges under Rule 16.4, report the facts disclosed in the investigation to the legislative auditor, attorney general, district attorney, or other officers, and/or take or order any other action deemed appropriate.

(d) Corrective action may include, but is not limited to, rescinding an action and associated compensation, and the effecting of back-pay to an employee.

16.4 Formal Charges.

(a) Any person who asserts that there has been a violation of the Civil Service Article or a Civil Service Rule may file formal charges with the Commission.

(b) Formal charges should be clearly identified as such, may not be combined with any other matter filed with the Director or the Commission and must:

1. be in writing;

2. contain the name, mailing address, and daytime telephone number of the person filing the charges (hereafter, the complainant) and of his attorney, if any;

3. contain the name and mailing address of each person who is charged with committing a violation (hereafter, a respondent);

4. identify which provision of the Civil Service Article and/or which Civil Service Rule was violated;

5. describe, in sufficient detail to enable the respondent to prepare a defense, the conduct that violated the Civil Service Article and/or a Civil Service Rule;

6. describe, in detail, the facts which led the complainant to conclude that a violation occurred;

7. state what action the complainant wants the Commission to take as a result of the investigation; and

8. describe what evidence the complainant has to prove the charges.

(c) When formal charges are filed by someone other than the Director, the Director shall be given an opportunity to join as a complainant.

(d) Formal charges shall not be a public record.

16.5 Commission Action on Formal Charges.

(a) Each filing which purports to be formal charges shall be considered by the Commission in executive session. Thereafter, in its sole discretion, the Commission may take such action as it deems appropriate, including any of the following:

1. decline to investigate the matter and order the charges dismissed;

2. order the Director to conduct an investigation and to submit a report thereon;

3. offer the complainant an opportunity to provide additional information; and/or

4. order a public investigative hearing on some or all of the charges.

(b) Written notice of the Commission's action shall be given to the complainant.

16.6 Docketing of Public Investigations.

After the Commission orders a public investigative hearing, the charges to be investigated shall be docketed and the case shall become a public record. Copies of the charges to be investigated and the Commission's order shall be mailed to each complainant, each respondent and each respondent's appointing authority, if any.

16.7 Parties; Notice to Parties.

(a) The parties to a public investigation are the complainant(s) and the respondent(s). Upon his written request, a respondent's appointing authority may be made a party.

(b) Whenever this Chapter requires notice to the parties, notice shall be given to all counsel of record and to all unrepresented parties. Notice to counsel of record shall constitute notice to the party he represents.

16.8 Consolidation of Public Investigations.

Two or more public investigations involving common issues of law or fact or two or more public investigations involving the same parties may be consolidated for hearing.

16.9 Notice of Hearings.

Written notice of the time and place for a public investigative hearing shall be mailed to the parties at least 30 calendar days before the date of the hearing. With the consent of the parties, this notice and delay may be waived.

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