Statutes, codes, and regulations
Maine Administrative Code
Department 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICESDivision 389 - BUREAU OF HUMAN RESOURCES
Chapter 12 - DISCIPLINARY ACTION, DEMOTION, RESIGNATION AND LAYOFF
Section 389-12-1 - DISCIPLINARY ACTION

18- 389 C.M.R. ch. 12, § 1

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Current through 2024-51, December 18, 2024
Section 389-12-1 - DISCIPLINARY ACTION

Any action which reflects discredit upon the service or is a hindrance to the effective performance of state service shall be considered good cause for disciplinary action. Such action may include misconduct, inefficiency, incompetence, insubordination, indolence, malfeasance, or willful violation of the Civil Service Law or of the rules.

A. Suspension
1. Cause for Suspension

An appointing authority may suspend an employee without pay for disciplinary reasons or other cause.

2. Notice of Reason

The reasons therefor shall be furnished the employee and the Director of Human Resources in writing prior to the effective date of the suspension.

3. Seniority Provision

No seniority shall be acquired during the period of suspension, unless the employee is exonerated.

4. Appeal Procedure

An employee may appeal a suspension action under the provisions of Chapter 13 as annotated.

B. Dismissal
1. Cause for Dismissal
a. Probationary Status. Employees who do not have permanent status may be dismissed at any time at the discretion of the appointing authority except that just cause shall be required for those serving the first 30 calendar days of a probationary period following transfer or promotion.
b. Permanent Status. No employee who has permanent status shall be dismissed from a position except for just cause.
c. Non-Status Employees. Project, provisional, emergency and temporary employees may be dismissed at any time and shall not be entitled to a hearing before the Director of Human Resources.

NOTE: Reference Chapter 2 for regulations governing dismissal of intermittent employees.

2. Notice of Reason

The employee and the Director of Human Resources, before such action is taken, shall be furnished with a statement in writing setting forth the reason for the dismissal.

3. Appeal Procedure

An employee may appeal a dismissal action under the provisions of Chapter 13 as annotated.

18- 389 C.M.R. ch. 12, § 1