Appeal of Layoff

Section 1 Section 1.100  Appeal of Layoff a)         An appeal of layoff shall be filed with the Commission by the affected employee within 15 calendar days following the effective date of layoff. The effective date of layoff is the date designated by the Director of Central Management Services in the approved notice of layoff served on the employee. b)         The appeal shall set forth with particularity a statement of facts and a designation of the applicable provisions of the Personnel Code or the Personnel Rules alleged to have been violated or not complied with. c)         An investigation shall be conducted by the Commission and the proposal for decision shall be served upon all parties to the dispute.  The parties shall then have 10 days to file in the office of the Commission a response to the proposal for decision and a request for hearing if either party so desires. d)         If, in the judgment of the Administrative Law Judge or the Commission, a substantial issue of fact or law exists that cannot be resolved by investigation, the parties will be notified of a date of hearing.  The notice will set forth a short statement of the issue of fact and/or law.  If it is determined that no material issue of fact or law exists, the Commission will issue its decision based upon the findings of the investigation and the parties' responses to the proposal for decision.