Section 273-13-004 - PROCEDURE FOR IMPOSING DISCIPLINARY ACTION004.01 Agency heads are responsible for, and will establish, a procedure for the administration of discipline which ensures the following minimum due process provisions for employees being disciplined. 004.01(A) Prior to imposing discipline, employees are entitled to written notice of the proposed allegations against them, which will identify the rule or policy violated and include an explanation of an agency's evidence against them. (Oral notice may be sufficient when written notice is not expedient.) The explanation will include a description of the incident involved and/or dates of occurrence to the extent the explanation would not impair the function or operation of the agency or expose the agency to legal liability.004.01(B) Prior to imposing discipline, the employee is entitled to an opportunity to present mitigating evidence or reasons why disciplinary action should not be taken. If the opportunity or explanation is in the form of a meeting, the agency head will afford the employee adequate notice as to time, place, and purpose of such meeting. 24- hour notice is considered adequate.004.02 If a disciplinary action is imposed, the employee will be:(A) Advised in writing of the nature of the offense;(B) Advised of the disciplinary action being administered; and(C) If appropriate, notified of the time allowed for improvement and the consequences (including dismissal) of future violations or failure to improve. The employee's signature does not constitute agreement with the content of the document. If the employee refuses to sign, the supervisor and witness will sign a notation of the employee's refusal on the document. A copy of the document will then be placed in the employee's personnel file.004.03 When an incident calls for the application of discipline, the discipline will be imposed only once for that incident. Further action may be imposed for any subsequent incidents.273 Neb. Admin. Code, ch. 13, § 004
Adopted effective 12/21/2021Amended effective 6/14/2023