Section 22 Appeal Deadlines

• Library: Personnel Hearings 2011

Time periods for filing appeals from disciplinary actions and how those time periods are calculated provide many pitfalls for employees and practitioners.

Unless the enactment setting forth the deadline for filing an appeal from a disciplinary action creates exceptions, the employee loses the right to appeal when filing out of time. The administrative tribunal has no jurisdiction over appeals received out of time. R.B. Indus., Inc. v. Goldberg, 601 S.W.2d 5, 7 (Mo. banc 1980).

The employee files a written request with the agency to initiate the contested case proceedings. The right to request the contested case hearing is limited to the time allowed by a statute, ordinance, or personnel code. For instance, Missouri allows 30 days from the effective date of the dismissal...