Section 35 Relevance of Investigation Leading to Disciplinary Action

• Library: Personnel Hearings 2011

Another common strategy is for the employee to attack the quality or method of the investigation that preceded the decision to take the disciplinary action. In the state personnel system, the AHC is conducting a de novo hearing. It is not reviewing whether the appointing authority had substantial and competent evidence at the time of the original action or whether the appointing authority acted fairly. The tribunal’s decision is made on the evidence presented at the hearing. The...