5505-3-06. Board review of employment termination

(A) Upon the resignation or discharge of a member of the state highway patrol who has fifteen or more years of total service credit, the board may consider whether the reason for separation was dishonesty, cowardice, intemperate habits, or conviction of a felony.

(B) The board may schedule a hearing to consider all available evidence.

(1) The former member shall be given notice of the hearing by certified mail. The notice of hearing shall be sent at least sixty days prior to the hearing. The notice shall inform that former member that he/she may submit documents to HPRS and may appear, with or without counsel, to present testimony. Documents must be received at least ten days prior to the hearing date.

(2) HPRS staff shall provide a summary memorandum and may be represented by the office of the attorney general.

(3) The former member shall be notified of the board's findings by certified mail.

(C) A former member who disagrees with the board's findings may request reconsideration.

(1) A request for reconsideration must be accompanied by new evidence and received by the executive director in writing within forty days of the mailing of the board's determination. If new evidence is not received, as determined by the board chair, the request for reconsideration shall be denied and the board's initial determination shall become final.

(2) The former member shall be given notice of the reconsideration hearing by certified mail. The former member shall be given the opportunity to present any new evidence submitted. No additional documentation or testimony will be accepted during the reconsideration hearing.

(3) Within ten business days, the former member shall be notified of the board's reconsideration findings by certified mail. The board's decision is final.

Five Year Review (FYR) Dates: 9/21/2020 and 09/21/2025
Promulgated Under: 111.15
Statutory Authority: 5505.07
Rule Amplifies: 5505.17
Prior Effective Dates: 09/28/2010, 09/08/2015

Prior History: (Effective: 9/8/2015
Five Year Review (FYR) Dates: 06/22/2015 and 09/08/2020
Promulgated Under: 111.15
Statutory Authority: 5505.07
Rule Amplifies: 5505.17
Prior Effective Dates: 9/28/2010)