The Civil Service Commission is responsible for conducting hearings on appeals of discharge and suspensions totaling more than 30 days in any twelve-month period. When an employee receives a written notice of such discipline, they may appeal the action to the Commission. The appeal must be in writing and filed with the Commission within 15 days of receipt of the approved charges. The Commission then appoints an Administrative Law Judge who schedules a hearing within 30 days after receiving the appeal. A court reporter will be present to transcribe the hearing. At the hearing, the employee has a right to counsel and may question the witnesses who testify against him under oath. The employee may also call witnesses and introduce documents and other evidence in their defense. The burden of proof is upon the agency to prove that cause for discipline of the employee exists.
At the conclusion of the hearing, the Administrative Law Judge will prepare a proposed decision. Copies will be sent to all parties who will then have an opportunity to file a response to the proposed decision. After considering the proposed decision and any responses filed by the parties, the Commission will make a final decision at one of its public meetings. The Commission must render this final decision within 60 days after it receives the transcript of the proceedings.