(a) Right to Hearing. - (i) An employee may appeal the following agency head decisions:
- (B) Involuntary separation due to a reduction in force;
- (ii) Either party may appeal, through a de novo hearing, the following final Grievance Committee decisions:
- (A) Involuntary reassignment due to unsatisfactory work performance;
- (B) Involuntary reassignment to a lower grade; and
- (C) Disciplinary suspension.
(b) Request for Hearing: - (i) Any employee may appeal the agency head's decision or either party may appeal a Grievance Committee decision by filing a notice of appeal with the Human Resources Administrator setting forth the following:
- (A) The name and address of the employee and the name and address of the employee's representative if any;
- (B) The decision of the agency head or Grievance Committee being appealed;
- (C) A statement of the facts on which the appeal is based; and
- (ii) Appeals shall be filed, in writing, within twenty (20) days of the date of the agency head or Grievance Committee's decision;
- (A) In order to be timely filed, the Human Resources Administrator shall receive the notice of appeal within the twenty (20) day deadline;
- (B) After the filing of a petition for a personnel appeal hearing, such petition may not thereafter be amended as may be allowed by the Wyoming Rules of Civil Procedure.
- (iii) The appealing party shall serve a copy of the notice of appeal on the other party and the other party's representative, if any, at the time the notice of appeal is filed;
- (iv) The Human Resources Administrator shall immediately forward a file stamped copy of the notice of appeal to the other party and the other party's representative, if any.
(c) Response and Motions Challenging Timeliness or Jurisdiction: - (i) The responding party shall file a response and any motions challenging the timeliness or jurisdiction of the appeal within twenty (20) days of the filing date of the notice of appeal;
- (ii) The response and any motions shall be in writing and filed with the Human Resources Administrator;
- (iii) The response shall include a statement of the facts on which the appeal is based;
- (iv) The responding party shall serve a copy of the response and any motions on the other party and the other party's representative, if any, at the time of filing.
(d) Response to Motion. Any response to a motion filed with the Human Resources Administrator shall be filed within ten (10) days after the motion if filed, and the party filing the response to a motion shall serve a copy of the response on the other party and the other party's representative, if any, at the time of filing.
(e) Human Resources Administrator's Jurisdiction: - (i) The Human Resources Administrator shall have jurisdiction to determine whether the employee has made a claim upon which relief can be granted, and the timeliness of the appeal;
- (ii) The Human Resources Administrator may issue orders, prior to referring the appeal to the presiding officer, on any matter within his or her jurisdiction upon motion of a party of the Human Resources Administrator's own motions.
(f) Presiding Officer: - (i) The agency shall submit the name of a presiding officer mutually agreed upon by the parties to the Human Resources Administrator within five (5) days of the date of the notice of appeal;
- (ii) If the parties fail to submit notification of a mutually agreed upon presiding officer within the time allowed, the Human Resources Administrator shall immediately refer the matter to the Office of Administrative Hearings;
- (iii) The Human Resources Administrator shall transfer to the presiding officer the current record of the proceedings in the case.