Opportunity for hearing before the appointing authority

Before major discipline is imposed, the employee must get a Preliminary Notice of Disciplinary Action stating the charges and the facts behind them, plus a chance for a hearing. In limited situations, such as a serious criminal charge or an immediate safety risk, the suspension can come first and the notice follows. The employee has five days to request a departmental hearing, which is then held within 30 days. If the suspension is immediate and without pay, the section adds a step: the employee must first be told, orally or in writing, why the suspension is sought and what the charges and general evidence are, and must get a chance to respond to a representative of the appointing authority. Missing the five-day window can count as waiving the departmental hearing, after which the appointing authority may issue a Final Notice of Disciplinary Action. Claimed violations of this section can be raised with the Civil Service Commission through a petition for interim relief.