1. (a) At any time during the probationary period of a full-time employee or at any time for a part-time employee, an appointing authority may terminate an employee for cause without prior warning if that employee fails to meet the work standard or engages in any conduct for which discipline is authorized pursuant to this part, provided the termination for cause is not:

   1. (1) Arbitrary;
   2. (2) Illegal;
   3. (3) Capricious; or
   4. (4) Made in bad faith.
2. (b) No appointing authority shall terminate an employee for cause under this rule until the appointing authority offers to meet with the employee, prior to issuing the notice of termination for cause, to discuss the appointing authority's reason(s) supporting the decision to terminate the employee for cause.
3. (c) An employee's failure to respond to a request for a meeting with the appointing authority shall not bar the appointing authority from terminating an employee for cause pursuant to this part.
4. (d) An employee's refusal to meet with the appointing authority shall not bar the appointing authority from terminating an employee for cause pursuant to this part.

5. (e) If an appointing authority determines that there are sufficient grounds to terminate the employee for cause pursuant to this part, the appointing authority shall:

   1. (1) Prepare a written notice of termination for cause to be given to the employee specifying the reason(s) for termination for cause;
   2. (2) Notify the employee in writing, unless the employee is part-time, that the employee may appeal the termination for cause to the personnel appeals board within 15 calendar days of the notice of termination for cause; and
   3. (3) Forward a copy of the written notice of termination for cause to the director.

Source. (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; amd by #9280, eff 10-1-08; ss by #10817, eff 5-17-15; renumbered by #14065-B; ss by #14435, eff 12-1-25, EXPIRES 12-1-35