S.C. Code Regs. 19-718.05 - APPEALS TO THE STATE HUMAN RESOURCES DIRECTOR
A. If a covered employee is not satisfied
with the agency's final decision concerning his grievance, he may appeal, after
all administrative remedies to secure relief within the agency have been
exhausted, to the State Human Resources Director who will determine whether to
dismiss the appeal or remand or forward the appeal for further
action.
B. A covered employee who
wishes to appeal the decision of the agency grievance procedure to the State
Human Resources Director shall file an appeal within ten calendar days of
receipt of the decision from the agency head or his designee or within 55
calendar days after the employee files the grievance with the agency, whichever
occurs later. The covered employee or the employee's representative shall file
the request in writing with the State Human Resources Director. Failure to file
an appeal with the State Human Resources Director within ten calendar days of
the agency's final decision or 55 calendar days from the initial grievance,
whichever occurs later, constitutes a waiver of the right to appeal. The time
periods for appeal to the State Human Resources Director may not be
waived.
C. The Office of Human
Resources shall develop standard forms to be used in all appeal
procedures.
D. Upon receipt of an
appeal from a covered employee, the State Human Resources Director shall:
1. Acknowledge receipt of the appeal and
require that the covered employee submit a standard appeal application
form;
2. Upon receipt of the
standard appeal application form, notify the agency to furnish the State Human
Resources Director a copy of all records, reports, and documentation of the
earlier proceedings on the grievance within 15 calendar days following the
request, unless an extension is granted; and
3. Determine whether the appeal is timely and
complies with the jurisdictional requirements of the Act.
E. If the State Human Resources Director
determines that the appeal is untimely or fails to comply with the requirements
of the Act, he will notify the covered employee or his representative that the
appeal is denied and no further action will be taken concerning the appeal. As
a result of the State Human Resources Director's decision, the covered employee
may request reconsideration within 30 calendar days from notification of the
decision. A notice of appeal seeking appellate review of the decision may be
made by the covered employee to the Administrative Law Court as provided in
Sections
1-23-380(B)
and
1-23-600(D)
of the South Carolina Code of Laws.
F. If the State Human Resources Director
determines that additional action by the agency is necessary and appropriate,
he may remand the appeal to the agency.
G. If the State Human Resources Director
determines that the covered employee has pending related criminal charges
against him, the appeal process may be held in abeyance pending the outcome of
those charges. If the appeal is held in abeyance, the covered employee or his
representative must notify OHR within 30 calendar days after the disposition of
the charges has been determined in order to preserve the covered employee's
right to further pursue his appeal. Failure to contact OHR within those 30
calendar days will be deemed a waiver and abandonment of the appeal.
H. If the State Human Resources Director
determines that the appeal is timely and complies with the requirements of the
Act, he will forward the appeal either (1) to the mediator-arbitrator for
mediation-arbitration or (2) after the mediation process has been completed, to
the designated panel of the State Employee Grievance Committee [Committee] and
Committee Attorney for a hearing, whichever is appropriate based on the type of
adverse employment action.
I. When
an appeal is forwarded to a designated Committee panel, the State Human
Resources Director will notify the covered employee and the agency with a
statement as to the issues which have been presented by the parties for
presentation before the Committee for decision.
J. The official record on each appeal and all
related correspondence and documents shall be maintained in a confidential file
by OHR.
K. The State Human
Resources Director will send the notices and correspondence pertaining to an
appeal directly to the parties. When a party designates a representative, the
State Human Resources Director will send all notices and correspondence to that
representative, rather than to the party.
Notes
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