Authority: IC 14-9-8-3

Affected: IC 4-21.5-5; IC 14-9-8

NOTE: Superseded by Interim Final Rule LSA #24-271, DIN: 20241002-IR-312240271IFA, effective September 24, 2024, expires September 24, 2025.

Sec. 6. (a) Except as provided in subsection (c), a conservation officer whose employment is terminated or who is demoted or suspended as a result of a final determination by the division director (or a person designated by the division director) may seek administrative review from the commission under IC 4-21.5 and 312 IAC 3-1.

(b) Through the issuance of a general order, the division director may establish a board to provide informal review of any disciplinary action. A determination that is subject to administrative review under subsection (a), and for which informal review is available under this subsection, is not a final determination until the board completes the review and makes a written report of its findings.

(c) Without charges being made under section 5 of this rule and without a predisciplinary meeting:

1. (1) A probationary employee may be terminated.
2. (2) At the will of the division director and subject to approval of the director, an officer who received a spot appointment may be returned to the officer's permanent grade before the spot appointment.

An action under this subsection does not entitle a person to administrative review under subsection (a) or to informal review under subsection (b).

(d) As used in this section, "spot appointment" means a temporary elevation in grade to captain, major, or lieutenant colonel that:

1. (1) is granted in writing at the discretion of the division director, subject to the approval of the director;
2. (2) states the permanent grade to which the officer would return; and
3. (3) takes effect after July 1, 2014.

(e) A party who is aggrieved by a final agency action of the commission may seek judicial review under IC 4-21.5-5.

(Natural Resources Commission; 312 IAC 4-4-6; filed Aug 3, 2001, 11:07 a.m.: 24 IR 3937; readopted filed May 29, 2007, 9:49 a.m.: 20070613-IR-312070145RFA; readopted filed Sep 19, 2013, 10:13 a.m.: 20131016-IR- 312130170RFA; filed Oct 14, 2014, 3:29 p.m.: 20141112-IR-312130448FRA; readopted filed Jul 18, 2019, 8:40 a.m.: 20190814-IR-312190290RFA)