- (a) An appointing authority, with the approval of the director, may suspend an employee with pay for a period of up to 30 calendar days when allegations of misconduct made against an employee are related to the employee’s duties and responsibilities and require an internal, external, or criminal investigation.
(b) In providing an approval or denial under (a) above, the director shall consider factors such as:
- (1) Whether the employee presents a danger to themselves, to others, or to state property or state records during the pendency of the investigation;
- (2) Whether the employee’s presence in the workplace impedes the investigation or intimidates witnesses or coworkers;
- (3) Whether another work location or position is available within the agency to temporarily transfer the employee during the pendency of the investigation; and
- (4) Whether the employee’s presence in the workplace during the pendency of the investigation disrupts the workplace.
- (c) The employee shall be available at a location acceptable and accessible to the appointing authority and investigators for the duration of the investigation.
- (d) The appointing authority may request the director’s approval to extend the suspension with pay for one or more additional periods not to exceed 30 days each.
(e) The director shall grant an extension requested under (d) above if, at the end of a period of suspension, the appointing authority demonstrates that:
- (1) The conditions set forth in (b) above continue to exist; and
- (2) The internal, external, or criminal investigation has not been completed.
Source. (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15; renumbered by #14065-B; ss by #14435, eff 12-1-25, EXPIRES 12-1-26