PURPOSE: This rule prescribes the circumstances under which examination applicants and employees may file appeals with the Personnel Advisory Board and establishes the procedures for the hearing of those appeals.

1. (1) Appeals of examination applicants and employees are provided under the following circumstances:

   1. (A) Rejection of Examination Applications. An applicant whose request for admission to any examination has been rejected by the director may appeal by filing the appeal with the Administrative Hearing Commission in writing within fifteen (15) days of the mailing of the notice of rejection by the director and in any event before the holding of the examination. The Administrative Hearing Commission’s decision on all matters of fact shall be final. Pending consideration of the appeal, the director shall review the initial determination and shall have discretion to admit the applicant to the examination, but admission shall not constitute the assurance of a passing grade in the rating of education and experience (see section 36.390, RSMo);
   2. (B) Appeal From Examination Ratings. Any applicant who has taken an examination and who feels that s/he has not been dealt with fairly in any phase of the examination process may request that the director review the case. This request for review of any examination must be filed in writing with the director within fifteen (15) days after the date on which notification of the results of the examination was mailed to the applicant. A candidate may appeal the decision of the director in writing to the Administrative Hearing Commission. This appeal must be filed with the Administrative Hearing Commission within fifteen (15) days after date on which notification of the decision of the director was mailed to the applicant. A correction in the ratings shall not affect a certification or appointment which may have already been made from the register;
   3. (C) Appeals of Removal From Register. An eligible whose name has been removed from a register for any of the reasons specified in section 36.180 or 36.240, RSMo, may appeal to the Administrative Hearing Commission for reconsideration. This appeal must be filed in writing with the Administrative Hearing Commission within fifteen (15) days after the date on which notification was mailed to the applicant. The director shall restore the eligible’s name to the register if determined eligible for inclusion by the Administrative Hearing Commission; and
   4. (D) Appeals From Dismissal, Demotion, or Suspension. Any regular employee who is dismissed, demoted involuntarily for cause, or suspended for more than five (5) days may appeal in writing by filing the appeal with the Administrative Hearing Commission within thirty (30) days after the effective date of the personnel action, setting forth in substance the reasons for claiming that the dismissal, suspension, or demotion was for political, religious, or racial reasons or not for the good of the service.

AUTHORITY: section 36.060, RSMo Supp. 2010 and section 36.070, RSMo 2000.* Original rule filed July 9, 1947, effective July 19, 1947. Amended: Filed April 19, 1968, effective April 29, 1968. Amended: Filed June 20, 1969, effective June 30, 1969. Amended: Filed April 23, 1974, effective May 2, 1974. Amended: Filed Dec. 8, 1975, effective Dec. 19, 1975. Emergency amendment filed Sept. 13, 1979, effective Sept. 28, 1979, expired Jan. 25, 1980. Amended: Filed Oct. 12, 1979, effective Jan. 15, 1980. Amended: Filed June 2, 1988, effective Oct. 1, 1988. Amended: Filed Nov. 16, 1993, effective July 30, 1994. Amended: Filed July 21, 1994, effective Feb. 26, 1995. Amended: Filed March 15, 2004, effective Sept. 30, 2004. Amended: Filed Jan. 17, 2006, effective July 30, 2006. Amended: Filed Oct. 16, 2006, effective April 30, 2007. Amended: Filed Aug. 15, 2008, effective Feb. 28, 2009. Amended: Filed Dec. 14, 2009, effective June 30, 2010. Emergency amendment filed Aug. 27, 2010, effective Sept. 7, 2010, expired March 5, 2011. Amended: Filed Aug. 27, 2010, effective Feb. 28, 2011. *Original authority: 36.060, RSMo 1945, amended 1971, 1979, 1993, 1995, 2010 and 36.070, RSMo 1945, amended 1979, 1995.