Section 905 IAC 1-42-6 - Discharge, demotion, or suspensionAuthority: IC 7.1-2-2-12; IC 7.1-2-3-7
Affected: IC 7.1-2-2-12
Sec. 6.
(a) The superintendent of the excise police, or the superintendent's designee, may discharge, demote, or suspend a nonprobationary officer, for just cause, after preferring charges in writing and after the employee has been afforded the opportunity to participate in a predisciplinary meeting. The superintendent will normally impose discipline in a progressive manner; however, the superintendent shall retain the right to impose discipline which is appropriate to the seriousness of an individual incident or situation.(b) A probationary officer may be dismissed at the will of the superintendent. The dismissal of a probationary officer does not require the preferring of charges, does not require a predisciplinary meeting, and is not subject to review under section 8 of this rule.(c) A nonprobationary officer who has been promoted is required to successfully complete a promotional working test period in order to achieve permanent status in the new rank. A nonprobationary officer on a promotional working test period may be returned to the officer's permanent rank at the will of the superintendent. The return of a nonprobationary officer, who is serving a promotional working test period, to the officer's permanent rank does not constitute a demotion, does not require the preferring of charges, does not require a predisciplinary meeting, and is not subject to review under section 8 of this rule.(d) A nonprobationary officer serving on a spot appointment may be returned to the officer's permanent rank at the will of the superintendent. The return to permanent rank of an officer, who has been serving on a spot appointment, does not constitute a demotion, does not require the preferring of charges, does not require a predisciplinary meeting, and is not subject to review under section 8 of this rule.Alcohol and Tobacco Commission; 905 IAC 1-42-6; filed Apr 14, 1999, 5:27 p.m.: 22 IR 2881; readopted filed Nov 28, 2005, 3:15 p.m.: 29 IR 1382; readopted filed Aug 24, 2011, 3:03 p.m.: 20110921-IR-905110250RFAReadopted filed 4/21/2017, 2:48 p.m.: 20170517-IR-905170136RFAReadopted filed 10/12/2023, 1:52 p.m.: 20231108-IR-905230624RFA