Presenting
Your Case - Hearing Challenges
Revised March 2007
Hearing Challenges |
- Administrative Reviews
- Reconsideration or Reopening
- Consistency with State or Agency Policy
You may also challenge a hearing officer's decision on the ground that the decision is inconsistent with state or agency policy. Such challenges must be submitted to the Director of the Department of Human Resource Management (DHRM) and received by the DHRM Director within 15 days after the date of the hearing decision. A copy should be provided to the opposing party or their representative.
The challenge must be in writing and should cite the particular policy mandate at issue. The DHRM Director's authority is limited to directing the hearing officer to revise decision to conform to written policy.
- Hearing Officer Noncompliance
- Final Decision
A hearing officer's original decision becomes a final hearing decision, with no possibility of administrative review, when the 15 calendar day period for filing requests for administrative review has expired and neither party has filed such a request; or, when all timely requests have been decided and, if ordered by EDR or DHRM, the hearing officer has issued a revised decision.
If a grievant substantially prevails on the merits of a grievance challenging a discharge, the grievant is entitled to recover reasonable attorneys' fees, unless special circumstances would make an award of fees unjust.
You may make a written request to the hearing officer that he or she reconsider the decision or reopen the hearing. Such a request must be received by the hearing officer within 15 days from the date of the hearing decision. A copy should be provided to the opposing party or their representative.
The request must state a basis, usually that there is newly discovered evidence or that the hearing officer reached an incorrect legal conclusion. The hearing officer has the sole authority to grant a request for reconsideration or reopening.
If you believe the hearing officer's conduct or decision are not in compliance with the Grievance Procedure Manual, you may make a challenge of hearing officer noncompliance.
You should first raise a claim of noncompliance to the hearing officer when you become aware of the grounds for the claim. You must also make a written request for a noncompliance ruling. This request must be made to the EDR Director and be received by EDR no later than 15 calendar days from the date of the hearing decision. A copy should be provided to the opposing party or their representative.
In cases of hearing officer noncompliance, EDR will not award a decision in favor of a party. The sole remedy is an order by EDR that the hearing officer correct the non-compliance.
- Judicial Review
- Implementation of the Hearing Officer's Decision
The hearing officer's decision is final and binding if it is consistent with policy and law. The decision is effective from the date issued and must be implemented immediately unless circumstances beyond the control of the agency delay such implementation. Implementation may be stayed if a challenge is made to the decision.
If a party does not take the appropriate actions to implement the hearing officer's decision, the other party may file a petition in the circuit court having jurisdiction in the locality in which the grievance arose for an order requiring implementation of the hearing officer's final decision. The court shall award reasonable attorneys' fees and costs to the grievant if the grievant substantially prevails on the merits of the implementation.
Once a hearing decision becomes final, either party may seek review by the circuit court on the ground that the final decision is contradictory to law. Grievants do not need EDR's approval before filing a notice of appeal. However, by statute, an agency that wishes to appeal must obtain approval from EDR within 10 calendar days of when the decision becomes final.
A notice of appeal must be filed with the clerk of the circuit court in the jurisdiction in which the grievance arose within 30 calendar days of the final hearing decision. A copy of the notice of appeal must be provided to the other party and the EDR Director. The court shall award reasonable attorneys' fees and costs to the grievant if he or she substantially prevails on the merits of the appeal.