Effective - 28 Aug 2018, 3 histories
36.390. Right of appeal, procedure, regulation — dismissal appeal procedure. — 1. Any applicant for a position subject to this chapter pursuant to subsection 1 of section 36.030 who feels that he or she has not been dealt with fairly in any phase of the examination process may request that the director review his or her case. Such request for review of any examination shall be filed in writing with the director within fifteen days after the date on which notification of the results of the examination was sent to the applicant. A candidate may appeal the decision of the director in writing to the administrative hearing commission. This appeal shall be filed with the administrative hearing commission within fifteen days after date on which notification of the decision of the director was sent to the applicant. The commission's decision with respect to any changes shall be final, and shall be entered in the minutes.
2. Any regular employee who is dismissed or involuntarily demoted for cause or suspended for more than five working days may appeal in writing to the administrative hearing commission within thirty days after the effective date thereof, setting forth in substance the employee's reasons for claiming that the dismissal, suspension or demotion was for political, religious, or racial reasons, or not for the good of the service.
3. Hearings under subsection 2 of this section shall be deemed to be a contested case and the procedures applicable to the processing of such hearings and determinations shall be those established by chapter 536. Decisions of the administrative hearing commission shall be final and binding subject to appeal by either party. Final decisions of the administrative hearing commission pursuant to this subsection shall be subject to review on the record by the circuit court pursuant to chapter 536.
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(L. 1945 p. 1157 § 37, A.L. 1973 1st Ex. Sess. H.B. 8, A.L. 1977 S.B. 98, A.L. 1979 H.B. 673, A.L. 1996 H.B. 1146, A.L. 2005 S.B. 149, A.L. 2010 H.B. 1868, A.L. 2018 S.B. 1007)
(1988) Attorney general was authorized to terminate an assistant attorney general at any time and was not required to adopt a postdischarge hearing procedure. Where more than one statute deals with the same subject, the statutes should be harmonized when reasonable but to the extent of any discord between them, the definite prevails. (Mo.App.) Wood v. Webster, 772 S.W.2d 1.
(1995) Secretary of state is an administrative officer of the state and is authorized by law to make rules and to adjudicate contested cases. Where agency is not defined for purposes of this chapter, court looked to definitions in chapter 536, RSMo, the administrative procedures act, and found the secretary of state's office is a state agency and is required to establish procedures for dismissals of nonmerit employees in compliance with procedures for dismissal of merit employees or to adopt similar appeal procedures. Laws v. Secretary of State, 895 S.W.2d 43 (Mo. App. W.D.).
(1996) Secretary of State's office is an agency within the meaning of this section. Pace v. Moriarty, 83 F.3d 261 (8th Cir.).
Structure Missouri Revised Statutes
Chapter 36 - State Personnel Law (Merit System)
Section 36.010 - Citation of law.
Section 36.025 - All state employees at-will, exceptions.
Section 36.031 - Applicability of merit system — director of personnel to notify affected agencies.
Section 36.040 - Personnel division, head, functions — administration of law, equal opportunity law.
Section 36.050 - Advisory board, members, appointment, terms, removal, compensation.
Section 36.060 - Duties of board — rules generally, promulgation, procedure.
Section 36.070 - Rules and regulations, authorized, procedure.
Section 36.080 - Director — appointment — salary — removal.
Section 36.090 - Duties of personnel director.
Section 36.100 - Director to prepare position classification plans.
Section 36.120 - Changes in or reallocation of positions.
Section 36.130 - Appointments subject to approval of director.
Section 36.140 - Director to prepare pay plan.
Section 36.155 - Political activities by state employees permitted — prohibited activities.
Section 36.157 - Prohibitions on political activities by state employees.
Section 36.159 - State employee not to be coerced into political activity — penalty.
Section 36.160 - Interference with fair examination or ratings — misdemeanor.
Section 36.170 - Examinations, how conducted — agencies may administer.
Section 36.190 - Notice of class or position openings — information to be given in notice.
Section 36.200 - Evaluation of qualifications of applicants.
Section 36.220 - Preference for veterans — exceptions.
Section 36.221 - Missouri National Guard members offered interview for merit positions, when.
Section 36.225 - Competitive examination, parental preference — eligibility, effect.
Section 36.250 - Probationary periods.
Section 36.280 - Transfer of employees — written notice to director.
Section 36.320 - Promotional register.
Section 36.330 - Director to certify employment rights of state and of employees.
Section 36.340 - Director may establish system of service reports.
Section 36.350 - Sick and annual leaves — regulations to apply to all state agencies.
Section 36.380 - Dismissal of employee — notice.
Section 36.390 - Right of appeal, procedure, regulation — dismissal appeal procedure.
Section 36.400 - Powers of commission to administer oaths and issue subpoenas.
Section 36.410 - Failure of employee to testify — penalty.
Section 36.420 - Records open for public inspection.
Section 36.430 - Use of public buildings.
Section 36.440 - Compliance with law — penalty for failure to comply.
Section 36.450 - Costs of administration, paid how.
Section 36.460 - Violation by employee — penalty.
Section 36.510 - Director's duties for all state agencies — strikes by merit system employees.