Agency reconsideration of prior discipline

An appointing authority may reopen and reconsider previously imposed discipline in the event the appointing authority determines that new information or circumstances exist or that discipline imposed pursuant to delegated authority is inconsistent with established agency policy, standard, or practice or otherwise is inappropriate in light of the adequacy of any prior investigation or the obligations the agency has to take corrective action. An appointing authority must rescind previously imposed discipline and restore any lost pay and other benefits of employment as a condition of exercising authority under this section. An employee who is demoted, suspended, or dismissed under this section may appeal the basis for reopening and reconsidering the previously imposed discipline as well as the grounds for the discipline imposed in accordance with the provisions of chapter 4-07-20.1.