24.26.548    GRIEVANCE PROCEDURE – STEP 3: REVIEW BY BOARD AGENT

(1) If the employee wishes to continue the grievance, the employee may submit the completed form to the Board of Personnel Appeals within 14 days of the date of the State Human Resources Division's decision.

(2) The board agent shall serve the grievance upon the appropriate department employer, and the department employer shall have 14 days to respond to the grievance.

(3) The board agent shall have 30 days from the receipt of the form to investigate the grievance and render a written preliminary decision.

(4) If the employee or the department disputes the preliminary decision of the board agent, either party may file exceptions within 14 days of service of the board decision, and the matter will be referred to a hearing officer pursuant to ARM 24.26.250. The hearing officer is not bound by the statutory or common law rules of evidence in this hearing.

(5) If the employee or the department disputes the recommended order of the hearing officer, either party may file exceptions pursuant to ARM 24.26.254 within 20 days of service of the hearing officer's recommended order. 

History: 39-31-104, MCA; IMP, 2-18-203, 2-18-1011, 2-18-1012, MCA; NEW, 2020 MAR p. 2422, Eff. 12/25/20.