(a) An appointing authority may peremptorily suspend any employee without pay or other compensation as punishment for improper behavior, but the suspension or total suspension by the appointing authority of the person shall not exceed 30 business days in any year of service. The suspension with loss of pay may be effected only by service upon the employee by the appointing authority of written charges setting out clearly the reasons for which the suspension is being considered. Within 10 business days, the employee must accept the suspension or request a suspension hearing. If the employee requests a suspension hearing, the appointing authority shall appoint an independent hearing officer to receive evidence and issue a recommendation on the proposed suspension. The appointing authority may accept or reject the recommendation of the hearing officer. If the appointing authority rejects the recommendation, written justification for the rejection must be provided to the employee.
(b) The appointing authority shall appoint an independent hearing officer from a list of eligible hearing officers which shall be maintained by the State Personnel Department. The appointed hearing officer may be employed by the appointing authority, but shall be independent of the division or area in which the employee works. Any challenge as to the appointment of the independent hearing officer shall be made to the State Personnel Director within five days of notification of the appointment. For the purposes of this section, a hearing officer shall be any person or persons approved by the State Personnel Department to hear a suspension case. If it is the preference of the appointing authority, a hearing officer may be appointed from the Governmental Hearing Officer register, which is compiled and maintained by the State Personnel Department.
(c) Nothing in this section limits an appointing authority's power to provide additional due process safeguards to employees.
(d) The burden of proof shall lie with the appointing authority to prove the charges forming the basis of the suspension.
(e) Those departments or agencies currently having an existing process for suspension hearings may continue to use the existing process, provided that they observe tenets of due process, including that the burden of proof shall lie with the appointing authority.
(f) This section shall not apply to any department which currently employs and continues to employ as a standard practice in such cases a pre-disciplinary hearing before an independent hearing officer who makes a recommendation for disciplinary action to the appointing authority based upon a fair hearing of the matter.
Structure Code of Alabama
Title 36 - Public Officers and Employees.
Chapter 26 - State Personnel Department and Merit System.
Article 1 - General Provisions.
Section 36-26-1 - Short Title.
Section 36-26-2 - Definitions.
Section 36-26-3 - Purposes of Article.
Section 36-26-4 - State Personnel Department Created; Composition; Executive Head; Offices.
Section 36-26-6 - State Personnel Board - Meetings; Powers and Duties Generally.
Section 36-26-7 - Director of Personnel - Appointment; Qualifications; Salary; Removal.
Section 36-26-9 - Promulgation, etc., of Rules for Implementation of Provisions of Article.
Section 36-26-11 - Classification of Positions, etc., in State Service.
Section 36-26-12 - Preparation, etc., of Pay Plan for Employees in State Service.
Section 36-26-14 - Deferred Compensation Plans for Certain Employees.
Section 36-26-15.1 - Proof of Registration Required for Employment or School Enrollment.
Section 36-26-16 - Certification for Employment of Handicapped Persons.
Section 36-26-18 - Extraordinary Appointments.
Section 36-26-20 - Employee Training Programs.
Section 36-26-23 - Promotions.
Section 36-26-26 - Layoffs; Furloughs.
Section 36-26-27 - Dismissals and Disciplining of Employees Generally.
Section 36-26-27.1 - Placement of Disciplinary Documents in the Personnel File of a State Employee.
Section 36-26-28 - Suspensions.
Section 36-26-29 - Limitation Period for Charges for Dismissal or Disciplinary Action.
Section 36-26-31 - Granting of Leave of Absence for Service in Armed Forces of United States.
Section 36-26-32 - Restoration of Employee to Former Position After Service in Armed Forces.
Section 36-26-34 - Granting, etc., of Time Off to Comply With Religious Obligations.
Section 36-26-35 - Annual Leave.
Section 36-26-35.1 - Annual Leave Carry Over Limit Increased for Certain Personnel.
Section 36-26-35.2 - Annual Leave.
Section 36-26-36.2 - Donation of Leave; Implementation.
Section 36-26-36.3 - Bereavement Leave.
Section 36-26-38 - Political Activities Prohibited.
Section 36-26-42 - Representation of Department in Judicial Proceedings.
Section 36-26-43 - Use of State, County, etc., Buildings for Examinations and Investigations, Etc.
Section 36-26-44 - Inspection of Records of Department.
Section 36-26-45 - Payment of Expenses of Department.
Section 36-26-46 - State Capitol Guides Classified as "Capitol hostesses."
Section 36-26-47 - Penalties for Violations of Provisions of Article.
Section 36-26-48 - Lump-Sum Merit Reward Payments for Certain Full-Time State Employees.