Maine Revised Statutes Title 5 Sec. 7082 – Powers and duties of the State Civil Service Appeals Board
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The State Civil Service Appeals Board shall be an impartial board and: [PL 1985, c. 785, Pt. B, §38 (NEW).]
1. Administer subchapter. Shall administer this subchapter. In exercising its authority, the board may adopt policies and procedures to administer this subchapter. The appeals board shall employ, subject to the Civil Service Law, assistants as may be necessary to carry out this subchapter;
[PL 1985, c. 785, Pt. B, §38 (NEW).]
Terms Used In Maine Revised Statutes Title 5 Sec. 7082
- 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.
- Appeals board: means the State Civil Service Appeals Board. See Maine Revised Statutes Title 5 Sec. 7032
- Appointing authority: means the officer, board, commission, person or group of persons having the power by virtue of the Constitution of Maine, a statute or lawfully delegated authority to make appointments. See Maine Revised Statutes Title 5 Sec. 7032
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Classified service: means all offices and positions of trust and employment in state service, except those placed in the unclassified service by chapter 71. See Maine Revised Statutes Title 5 Sec. 7032
- Employee: means any person holding a position subject to appointment by an appointing authority. See Maine Revised Statutes Title 5 Sec. 7032
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Officer: means the State Human Resources Officer. See Maine Revised Statutes Title 5 Sec. 7032
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Subpoena: A command to a witness to appear and give testimony.
- Testify: Answer questions in court.
- Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Adopt rules. Shall adopt rules necessary to effectuate the purposes of this subchapter;
[PL 1985, c. 785, Pt. B, §38 (NEW).]
3. Report. Shall report biennially to the Governor and Legislature facts and recommendations relating to the administration and needs of the board;
[PL 1985, c. 785, Pt. B, §38 (NEW).]
4. Mediate grievances and disputes. May mediate the final settlement of all grievances and disputes between individual state employees, both classified and unclassified, and their respective state agencies. All complaints between a state employee and the state agency by which he is employed shall be made and heard in the manner provided by this chapter for the mediation and settlement of the complaints. During the procedure for settlement, an employee may be represented at each step by his designated representative. The decision of the appeals board shall be final and binding upon the state agency and state employees involved in the dispute, and shall supersede any prior action taken by the state agency with reference to the employment and working conditions of the employees.
A. In the course of any investigation under this chapter, any member of the appeals board may subpoena and require the attendance of witnesses and the production thereby of books, papers, public records and other documentary evidence pertinent to that investigation. In the case of the refusal of any person to comply with any subpoena issued under this subsection or to testify to any matter regarding which he may be lawfully interrogated, the Superior Court in any county on application of any one of the members of the board may issue an order requiring that person to comply with the subpoena and to testify. Any failure to obey the order of the court may be punished by the court as a contempt of the court; and [PL 1985, c. 785, Pt. B, §38 (NEW).]
[PL 1985, c. 785, Pt. B, §38 (NEW).]
5. Hear appeals. May hear appeals in accordance with this subchapter. Except where otherwise provided by a governing bargaining agreement, any employee or appointing authority aggrieved by the determination of the State Human Resources Officer concerning the classification of positions, the allocation of new positions or the reallocation of existing positions in the classified service may appeal from the determination to the State Civil Service Appeals Board. The appeal must be made within 30 days after receipt of written notice of the determination from the officer. The employee or appointing authority, or the employee’s or appointing authority’s representative, must be afforded a public hearing before the appeals board. The appeals board shall examine and review the appeal and, upon the vote of at least 3 of its members, make changes in such classification, allocation or reallocation as may be just and equitable. Determinations of the appeals board must be transmitted to the State Budget Officer, the State Human Resources Officer and the employees and department heads affected by the determinations.
A. Any classification of a position and any allocation or reallocation of a position made by the officer or the appeals board pursuant to this section becomes effective on the first day of the fiscal year following approval by the State Budget Officer and the appropriation of funds for the classification, except that the State Budget Officer may, if the State Budget Officer determines that sufficient funds exist, authorize an effective date prior to the first day of the ensuing fiscal year. [RR 2023, c. 1, Pt. B, §47 (COR); RR 2023, c. 1, Pt. B, §50 (AFF).]
B. Any request for classification of positions, the allocation of new positions or the reallocation of existing positions in the classified service or the unclassified service must be processed by the officer and the officer’s determination made within 25 days from the date of filing the request with the Bureau of Human Resources. Any employee or appointing authority that is a party to the request may appeal to the appeals board within 10 days after the expiration of the 25 days allotted for the process of the requests for hearing and review. The appeals board shall examine and review the appeal and make such changes as provided in this section. The appeals board’s decision in the appeal must be given within 30 days after the hearing on the appeal has been concluded. [RR 2023, c. 1, Pt. B, §47 (COR); RR 2023, c. 1, Pt. B, §50 (AFF).]
C. A hearing before the appeals board is an adjudicatory proceeding under the Maine Administrative Procedure Act, chapter 375, and must be held in accordance with chapter 375, subchapter 4. [RR 2023, c. 1, Pt. B, §47 (COR); RR 2023, c. 1, Pt. B, §50 (AFF).]
[RR 2023, c. 1, Pt. B, §47 (COR); RR 2023, c. 1, Pt. B, §50 (AFF).]
SECTION HISTORY
PL 1985, c. 785, §B38 (NEW). RR 2023, c. 1, Pt. B, §47 (COR). RR 2023, c. 1, Pt. B, §50 (AFF).