Section 120. Applications and appeals  


Latest version.
  • 1. Applications  to  director.  Any
      employee occupying a position, the title or salary  grade  of  which  is
      subject  to  the  jurisdiction of the director of the classification and
      compensation division, and any appointing officer, with respect  to  any
      such position or positions in his department or agency, may apply to the
      director,  on  a  form prescribed and furnished by him, for a review and
      change of the classification  or  allocation  of  such  positions.  Such
      employee  or  appointing  officer  or  their  representatives  shall  be
      afforded a reasonable opportunity to present facts in support of  or  in
      relation  to  such  application  at  a time and in such manner as may be
      specified by the director. The director shall  examine  and  review  any
      such  application  and  may  make  such  changes  in  classification  or
      allocation as may be just and equitable. The  director  shall  have  the
      power  to  designate an officer or employee of the division to conduct a
      hearing with relation to any application for  such  reclassification  or
      reallocation and to report to the director thereon.
        2.  Appeals  to  the  state  civil service commission. Any employee or
      appointing officer aggrieved by a  determination  of  the  director  may
      appeal  from  such  determination to the state civil service commission.
      Such appeal must be made within sixty  days  after  receipt  of  written
      notice  of  such  determination.  Such employee or appointing officer or
      their representatives shall be afforded an opportunity to present  facts
      and  arguments in support of or in relation to such appeal at a time and
      place and in such manner as may be prescribed  by  the  commission.  The
      commission shall examine and review such appeal and make such changes in
      classification   or   allocation   as   may   be   just  and  equitable.
      Determinations of the commission shall be transmitted to the director of
      the  budget,  the  director  of  the  classification  and   compensation
      division, and the employees and department heads affected thereby.
        3.   Reporting   on  appeals.  In  addition  to  the  requirements  of
      subdivision two of this section, the  commission  shall,  on  or  before
      January  thirty-first  of each year, submit a report to the governor and
      the legislature which shall include, but not be limited to,  information
      detailing  the total number of appeals received from determinations made
      based upon written and oral examinations, performance tests and  ratings
      of  training  and  experience,  during  the preceding twelve months, and
      shall report the final disposition or dispositions of each appeal.