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24.26.303    GRIEVANCE PROCEDURE

(1) Step one:

(a) An employee may utilize the grievance procedure set out in this rule after exhausting all available administrative remedies for grievances within the department as set forth in the department's rules or regulations, by obtaining a personnel grievance form, completing it by detailing the specifics of the grievance and submitting it to the employee's immediate supervisor or department designee for consideration within 180 days after the alleged incident or action occurred. A copy of the form must be retained by the employee.

(b) The immediate supervisor or department designee shall have three working days to examine the grievance, to record findings and to indicate support or nonsupport of the grievance on the form, and return the form to the employee.

(2) Step two:

(a) If the immediate supervisor's or department designee's response is timely returned to the employee and the employee wishes to continue the grievance, the employee shall do so by submitting the form, or a copy thereof, with all appropriate sections completed, to the department head within three working days. If the immediate supervisor or department designee does not respond timely, the employee may advance the grievance by submitting the form, or a copy thereof, with all appropriate sections completed, to the department head within three working days.

(b) The department head shall have five working days to review the grievance, to record findings in the appropriate section of the form, to indicate support or nonsupport of the grievance, and to return it to the employee.

(c) In the event the employee accepts the department head's findings and recommendation, the recommendation shall become effective upon notification to the department head by the employee.

(d) In the event the employee rejects the department head's recommendation, the employee may submit the grievance for final resolution pursuant to step three.

(3) Step three:

(a) If the department head's response is timely returned to the employee and the employee wishes to continue the grievance, the employee shall do so by submitting the form, or a copy thereof, with all appropriate sections completed, to the Board of Personnel Appeals within ten working days for final resolution. If the department head does not respond timely, the employee may advance the grievance by submitting the form, or a copy thereof, with all appropriate sections completed, to the Board of Personnel Appeals within ten working days for final resolution.

(b) An agent of the Board of Personnel Appeals shall have 30 days from receipt of the form to conduct the inquiry and render a preliminary decision. If the employee or the department rejects the preliminary decision, appeal to the board must be made within five working days. The board, a member of the board, or an examiner appointed by the board shall schedule a pre-hearing conference in accordance with appropriate provisions of the Administrative Procedure Act within 30 days of rejection of the preliminary decision.

(c) If a member of the board or an examiner appointed by the board presides over the hearing, the member, or the examiner, as the case may be, shall issue and cause to be served on the parties to the proceeding a proposed decision together with a recommended order, which shall be filed with the board, and if no exceptions are filed within 20 days after service thereof upon the parties, or within such further period as the board may authorize, the recommended order shall become the order of the board.

(d) If the board presides over the hearing, the board shall cause to be served on the parties to the proceeding a final order.

History: 2-18-1001, MCA; IMP, 2-8-1002, MCA; NEW, Eff. 5/5/75; AMD, 1993 MAR p. 3026, Eff. 1/1/94.

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