SECTION 455:10-19-46. Filing an appeal after a formal grievance

(a)   After filing a formal grievance, an employee may file an appeal with the Commission within 20 calendar days after:

(1)   expiration of the resolution time, including any extension, and a resolution decision has not been received;

(2)   receiving a resolution decision and the employee can provide evidence the resolution decision was not correct, did not address the issues of the grievance or that violations occurred during the processing of the formal grievance.

(b)   An employee may file an appeal before the agency grievance procedure is concluded if the employee can provide evidence that violations of the agency grievance procedure are occurring or if the employee can provide evidence that the alleged violations are continuing.

(c)   The issues of the appeal shall be limited to those raised in the formal grievance or discovered during the internal agency grievance process over which the Commission has jurisdiction.

[Source: Added at 12 Ok Reg 2823, eff 7-13-95]