SB0361112th GA (Historical)Introduced

Amends TCA Title 4; Title 8, Chapter 30; Title 9; Title 10 and Title 12.

Under present law, a state employee in the preferred service system, who has successfully completed the required probationary period, may file a complaint concerning the application of a law, rule, or policy to the dismissal, demotion, or suspension of the employee. Present law establishes a three-step appeal procedure for such complaints. The first step involves an appeal to the employee's appointing authority. The second step involves an appeal to the commissioner of human resources. The third step involves an appeal to the board of appeals. Present law generally requires that an agency decision in an administrative hearing must be supported by evidence that is substantial and material. This bill adds a requirement that, in a Step I, Step II, or Step III proceeding, the state agency bears the burden of proving by a preponderance of evidence that a state law, rule, or policy was violated with respect to a complainant. This bill requires the appointing authority, commissioner, and board of appeals to apply such evidentiary standard in issuing a decision and conducting a Step I, Step II, or Step III proceeding.

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Overview

Under present law, a state employee in the preferred service system, who has successfully completed the required probationary period, may file a complaint concerning the application of a law, rule, or policy to the dismissal, demotion, or suspension of the employee. Present law establishes a three-step appeal procedure for such complaints. The first step involves an appeal to the employee's appointing authority. The second step involves an appeal to the commissioner of human resources. The third step involves an appeal to the board of appeals. Present law generally requires that an agency decision in an administrative hearing must be supported by evidence that is substantial and material. This bill adds a requirement that, in a Step I, Step II, or Step III proceeding, the state agency bears the burden of proving by a preponderance of evidence that a state law, rule, or policy was violated with respect to a complainant. This bill requires the appointing authority, commissioner, and board of appeals to apply such evidentiary standard in issuing a decision and conducting a Step I, Step II, or Step III proceeding.

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

February 1, 2021

Subjects
45054510

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