SECTION 455:10-11-15. Suspension without pay

(a)   General. A permanent classified employee may be suspended without pay for any of the reasons set forth in OAC 455:10-11-14.

(b)   Notice. The employee shall be provided notice of the proposed suspension without pay, by personal service or certified or registered mail. Pending completion of the notice and response opportunity, an employee may be suspended with pay in accordance with rules adopted by the Administrator of the Human Capital Management Division. The notice shall include, as a minimum:

(1)   the statute, rule, policy, practice or procedure regarding work performance or behavior which was violated and cause for the proposed suspension without pay.

(2)   the specific acts or omissions which are cause or reason for the proposed suspension without pay;

(3)   an explanation of the evidence which justifies the proposed suspension without pay, and

(4)   an opportunity, either in writing or orally, to present reasons why the proposed suspension without pay is improper.

(c)   Final action. Within ten working days after the employee has had opportunity to respond to the proposed suspension without pay, he or she shall be provided written notice of the final action by personal service or certified or registered mail. If the decision made is to proceed with the suspension without pay, the written notice to the employee shall include as a minimum:

(1)   the statute, rule, policy, practice or procedure regarding work performance or behavior which was violated and cause for the suspension without pay;

(2)   grounds for the action;

(3)   a citation or the law or rule under which the action is being taken;

(4)   effective date and inclusive dates of the suspension without pay;

(5)   a citation of any other informal or formal discipline which was used in the decision to administer the suspension without pay; and

(6)   a statement of the employee's right to file an appeal with the Commission, the 20 calendar day time limit for the Commission's receipt of the appeal and the address of the Commission; and

(7)   a copy of the Commission's petition for appeal form.

[Source: Added at 12 Ok Reg 2823, eff 7-13-95; Amended at 33 Ok Reg 1756, eff 9-11-16]