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Terms Used In Alabama Code 45-8-120.15

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • writing: includes typewriting and printing on paper. See Alabama Code 1-1-1

A regular status classified service employee shall have 30 calendar days from his or her receipt of written notification of any disciplinary action taken against him or her that involves a dismissal, demotion, or suspension without pay in which he or she may file a written appeal of the action with the board. If the employee chooses to file an appeal with the board, the action against the employee shall not become final until the board holds a hearing on the employee’s appeal. Within a reasonable time after receipt of the employee’s appeal, the board shall schedule and hold a public hearing de novo on the charges against the employee and render a decision. The hearing shall be held in accordance with this article and guidelines as established by the board. Both the employee and the appointing authority, or their designated representatives, shall be afforded an opportunity to present information concerning the action. The board may in its decision uphold the action by the appointing authority, modify the action, set aside the action, or impose some other action as it determines is warranted by the facts involved. In all hearings, the decision of the board shall be reduced to writing and entered in the record of the case. Pending completion of the board’s hearing and rendering of its decision, the board may, upon written request of the appointing authority, approve the employee’s suspension without pay by the appointing authority.