SECTION 455:10-11-16. Involuntary demotion

(a)   General. A permanent classified employee may be involuntarily demoted for any of the reasons set forth in OAC 455:10-11-14.

(b)   Notice. The employee shall be provided notice of the proposed involuntary demotion, 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 involuntary demotion;

(2)   the specific acts or omissions which are cause or reason for the proposed involuntary demotion;

(3)   an explanation of the evidence which justifies the proposed involuntary demotion, and

(4)   an opportunity, either in writing or orally, to present reasons why the proposed involuntary demotion is improper.

(c)   Final action. Within ten working days after the employee has had opportunity to respond to the proposed involuntary demotion, 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 involuntary demotion, 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 involuntary demotion;

(2)   grounds for the action;

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

(4)   effective date of the involuntary demotion and the classification and grade to which demoted;

(5)   a citation of any other informal or formal discipline which was used in the decision to administer the involuntary demotion; 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 17 Ok Reg 553, eff 11-30-99 (emergency); Amended at 17 Ok Reg 2560, eff 6-26-00; Amended at 33 Ok Reg 1756, eff 9-11-16]