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What follows is general information and an overview of the appeal process. It is not intended as legal advice or a substitute for Classified Baton Rouge sex the Civil Service Rules or consulting an attorney. An appeal is a written document asking the State Civil Service Commission to decide an employment dispute involving a state classified employee. Article X, Section 8 and Section 12 of the state constitution authorize the Commission to hear and decide certain types of cases involving state classified employees. Civil Service Rule It depends upon why you are challenging the action. For example, if you are challenging a promotion because the selection was based on political or religious beliefs, sex or race, you would have a right of appeal to the Commission based on a claim of discrimination.

On the other hand, if you are challenging the promotion because you believe you were discriminated against based on some other factor, or you believe you are better qualified than the person selected, you would not have a right of appeal to the Commission. Filing your complaint elsewhere does not extend the delays for appealing to the Commission.

An appeal must be in writing and be ed by you or your attorney if you have one. It must contain the following information:.

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You should also provide daytime telephone and fax s. There are special requirements for pleading discrimination and rule violations, see below. You must allege, in detail, facts not just conclusions that, if proved, would lead the Commission to conclude that the employment action or decision was because of your political or religious beliefs, sex, or race rather than a job-related reason. You must allege, in detail, facts that, if proved, would lead the Commission to conclude that a provision of the Civil Service Article or a Civil Service Rule was violated.

No; however, you can download and use a Appeals Cover Sheet. If you are appealing an action for which written notice is required such as a disciplinary actionyou have 30 calendar days holidays, Saturdays and Sundays included following the date you received your written notice to file an appeal. If you are appealing an action for which written notice is not required or for which written notice is required, but notice was not given or was given lateyou have 30 calendar days following the date you learned of the action you are challenging.

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But even if your awareness of an action was delayed, under no circumstances can you appeal an action more than days after it occurred. Proof of mailing can only be shown by a legible USPS not private postage meter postmark.

The best way to prove timely mailing is to buy a certificate of mailing from the USPS when you mail the appeal. Filing a grievance does not stop or interrupt the running of the day delay period for filing an appeal.

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The grievance process is for employment disputes that are not appealable to the Commission. Either the action is appealable, in which case you must file with the Commission; or the action is not appealable, in which case you must file with your agency, using its grievance procedure.

There is no filing fee, but you may be required to pay certain costs, such as copy costs, witness fees and transcription costs. The Commission usually meets in Baton Rouge, although it occasionally conducts hearings elsewhere. Within each geographical area, appeals are generally heard in the order filed, except that preference is given to appeals involving employees separated from state service.

Generally, a hearing is scheduled within two to three months. You may be represented by an attorney, but you do not have to have one.

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If you choose to be represented by an attorney, you are responsible for paying his or her fees. You may qualify for free legal help. Refer to the following websites for more information. State Civil Service does not provide attorneys for either the employee or the agency. However, depending upon your income, you may be eligible for an attorney from a Legal Services Office. The goal of the Appeals Division is to provide a written decision within 60 days of the hearing.

However, certain cases take longer, especially complicated ones. The Appeals Division mails a hard copy of the decision to the parties on the day the decision is issued. Decisions are put on the Civil Service web site shortly after they are issued. Typographical errors in the decision can be corrected. Substantive matters can only be changed by the Commission or the Court of Appeal.

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The Commission reviews the application, the exhibits, and the decision. If the Commission believes the referee made an error of fact, it will order a transcript of the hearing. If the Commission concludes the referee made an error of law, it will reverse the decision.

If the Commission concludes that more evidence is needed, it will remand the case to the Rrferee. If the Commission concludes that no error was made, it will deny the application. Yes, it must be postmarked or received in the Appeals Division within 15 calendar days after the decision is issued. A transcript of the proceedings before the referee may not be specified as a pleading or exhibit under this rule. Plus, copy cost of. The Court of Appeal, First Circuit reviews the record including the transcript if requested to determine if the decision is in error.

The Commission and the Court of Appeal review what happened at the trial. If more evidence is needed, the Commission or the Court of Appeals will remand the case. Toggle. Appeals - Frequently Asked Questions. What is an appeal? Where does the State Civil Service Commission get its authority to hear appeals?

Who may appeal and what actions are appealable? Only the following persons have a right of appeal to the Commission: a a state classified employee with permanent status who has been removed or subjected to one of the disciplinary actions listed in Rule If my complaint is something other than a disciplinary action, how can I tell if it is appealable? What must an appeal contain? You should also provide daytime telephone and fax s; b the action you are challenging; c the date you received written notice of that action or the date you learned that the action occurred; d a copy of the pre-disciplinary letter or VR-1 and the final disciplinary letter; e why you are challenging the action; f Classified Baton Rouge sex relief you want.

What must an appeal based on discrimination include?

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What must an appeal based on a rule violation include? Is there a required format for an appeal? How long do I have to file an appeal? How do I file an appeal?

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DSCS. Appeals la. NOTE: Do not file your appeal at a testing center. How can I prove I mailed the appeal timely? Does filing a grievance with my agency extend the time for appealing to the Commission? Is there a fee for filing an appeal to the Commission?

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How many copies of my appeal do I need to file? Just the original. Who will hear my appeal? The Commission or one of its referees. Where will my hearing be held? When will my appeal be heard? Must I have an attorney?

Will State Civil Service provide me an attorney? How long does it take to receive a decision? How are decisions published?

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What if there are errors in the decision? What happens in the Application for Review process? Do the parties appear before the Commission during the Application for Review process? The State Civil Service Commission reviews the record. How long does the Application for Review process take?

The State Civil Service Commission usually issues a decision within two months. Is there a time limit for filing an Application for Appeal to the Court of Appeal? Is there a cost for filing an Application for Appeal to the Court of Appeal? Note: Filing fees increase by 50 cents every July 1st.

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If I win at the Court of Appeal, will I be reimbursed costs? The Court of Appeal usually orders the losing party to pay costs. What happens in the Court of Appeal process? Do the parties appear during the Court of Appeal process? The Court of Appeal reviews the record. ZIP: 70836 70808 70809 70802 70803 70801 70806 70807 70805 70820 70819 70811 70815 70814 70816 70804 70813 70821 70822 70823 70825 70827 70831 70833 70835 70873 70874 70891 70892 70893 70894 70895 70898

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