PURPOSE: This rule outlines the grievance procedure for complaints against the evaluation process or decisions made by the board.

1. (1) The complainant must file a complaint in writing to the board, explaining his/her objection with as much specificity as possible within thirty (30) days after the postmarked notification of decision.

   1. (A) The complaint may be filed by mail, or by other delivery to the office of the commission or by facsimile transmission followed by hard copy within ten (10) days of the transmission.
   2. (B) The complaint shall be deemed filed on the date the commission office received the facsimile or hard copy, whichever occurs first.
2. (2) Upon receipt of the complaint, the coordinator shall contact the individual for any other necessary information.

3. (3) The board shall evaluate the complaint and make a determination based on the facts of the situation.

   1. (A) A determination shall be mailed to the complainant within thirty (30) days of receipt of the complaint.
   2. (B) Such notification shall inform the complainant of his/her right to appeal this decision to the commission.

4. (4) The individual may file an appeal in writing to the commission, explaining his/her objection with as much specificity as possible within thirty (30) days after the postmarked notification of decision.

   1. (A) The complaint may be filed by mail, or by other delivery to the office of the commission or by facsimile transmission followed by hard copy within ten (10) days of the transmission.
   2. (B) The complaint shall be deemed filed on the date the commission office received the facsimile or hard copy, whichever occurs first.
5. (5) Upon receipt of the appeal, the executive director shall contact the individual for any other necessary information.

6. (6) The commission shall evaluate the appeal and make a determination based on the facts of the situation.

   1. (A) The determination shall be mailed to the individual within thirty (30) days of receipt of the appeal.
   2. (B) Such notification shall inform the individual of his/her right to appeal this decision to the Administrative Hearing Commission.
7. (7) Appeals to the Administrative Hearing Commission must be filed within thirty (30) days after the date on which notification of the commission’s decision was mailed to the individual.
8. (8) Information regarding this process will be kept confidential by the commission, commission staff and board.

9. (9) Individuals may file an appeal against evaluation results.

   1. (A) A contested certification fee must be submitted along with the appeal.

   2. (B) A new evaluation team shall evaluate the last videotaped performance.

      1. 1. If the evaluation results in a higher

certification level, the fee will be refunded and a new certification will be awarded.

1. 2. If the evaluation results in the same or

lower certification level, the fee is not returned and the previous certification level is upheld. AUTHORITY: section 209.295(8), RSMo 1994.* Original rule filed Nov. 27, 1996, effective July 30, 1997. *Original authority 1994.