- a) A certified employee who believes that a personnel transaction has been falsely labeled in an attempt to deprive the Commission of its lawful jurisdiction, or who believes that a personnel transaction adversely affecting him violates either the Code or the Personnel Rules, may within a period of 15 calendar days after receiving actual notice of such violation or falsely labeled transaction appeal in writing to the Commission.
- b) The appeal must allege specific facts which if proven would establish a prima facie case that the personnel transaction named was a falsely labeled transaction, or that the Code or a Personnel Rule was violated in an attempt to deprive the employee of his/her rights under the Code or Rules. Any appeal which fails to allege sufficient and specific facts to support the allegation may be summarily dismissed by the Commission.
- c) The Commission may make its decision on the appeal after an investigation of the allegations if sufficient non-controverted facts exist, or it may order a hearing on any disputed issue of fact or law. In any hearing called under the provisions of this Section to resolve a dispute of fact, the employee has the burden of establishing by the introduction of competent evidence a prima facie case proving that the alleged violation took place.
- d) Nothing in this Section shall be construed to preclude employees from timely asserting any other rights given to them under the provisions of the Code or Personnel Rules.
- e) Unless inconsistent with this Section, the procedures of Section 50.110 shall apply to this Section.
(Source: Amended at 7 Ill. Reg. 17496, effective January 1, 1984)