§ 36-4-42. Appeal from appointing authority to appeal board.
Any state employee with provisional, probationary, or permanent status who feels aggrieved by an action of an appointing authority resulting in a demotion, suspension, layoff, or dismissal or by any personnel action which an appointing authority might take which causes the person to believe that he or she had been discriminated against because of his or her race, sex, age, disability, or his or her political or religious beliefs, may, within thirty (30) calendar days of the mailing of the notice of that action, appeal in writing to the personnel appeal board for a review or public hearing. Within thirty (30) days after conclusion of the hearing the personnel appeal board shall render a decision and shall notify the affected employee and other interested parties of the decision which may confirm or reduce the demotion, suspension, layoff, or dismissal of the employee or may reinstate the employee and the board may order payment of part or all of the salary to the employee for the period of time he or she was demoted, suspended, laid off, or dismissed. The decision of the board shall be final and binding upon all parties concerned, and upon the finding of the personnel administrator, or upon appeal, in favor of the employee, the employee shall be forthwith returned to his or her office or position without loss of compensation, seniority, or any other benefits he or she may have enjoyed, or under such terms as the appeal board shall determine. The employee who is returned to his or her office or position by the appeal board following a review or public hearing shall be granted by the state of Rhode Island counsel fees, payable to his or her representative counsel, of fifty dollars ($50.00) for each day his or her counsel is required to appear before the appeal board in the behalf of the aggrieved employee.
History of Section.P.L. 1952, ch. 2975, § 18; P.L. 1954, ch. 3324, § 1; P.L. 1955, ch. 3605, § 1; G.L. 1956, § 36-4-42; P.L. 1961, ch. 29, § 2; P.L. 1962, ch. 197, § 3; P.L. 1967, ch. 86, § 1; P.L. 1969, ch. 126, § 1; P.L. 1975, ch. 185, § 1; P.L. 1977, ch. 64, § 1; P.L. 1986, ch. 104, § 1; P.L. 1992, ch. 212, § 2; P.L. 1997, ch. 150, § 10.
Structure Rhode Island General Laws
Title 36 - Public Officers and Employees
Section 36-4-1. - Divisions of state service.
Section 36-4-2. - Positions in unclassified service.
Section 36-4-2.1. - Exemptions from merit system.
Section 36-4-3. - Branches of classified service.
Section 36-4-4. - Positions classed as noncompetitive.
Section 36-4-5. - Assignment of positions to noncompetitive branch — Transfer to competitive branch.
Section 36-4-6. - Appointments to noncompetitive branch.
Section 36-4-7. - Probationary period in noncompetitive branch — Acquisition of full status.
Section 36-4-8. - Rules — Amendments.
Section 36-4-9. - Adoption of classification plan.
Section 36-4-10. - Changes in plan — Notice of establishment of new positions.
Section 36-4-11. - Allocation of positions to classes within plan.
Section 36-4-13. - Submission of proposed pay plan for classified service.
Section 36-4-14. - Adoption of pay plan.
Section 36-4-14.1. - Ineligibility for other incentive payments.
Section 36-4-15. - Changes in pay plan for classified service — New classes.
Section 36-4-16. - Unclassified pay plan board — Abolishment — Transfer of functions.
Section 36-4-16.1. - Repealed.
Section 36-4-16.2. - Duties and responsibilities of the department of administration.
Section 36-4-16.3. - Repealed.
Section 36-4-16.4. - Salaries of directors.
Section 36-4-16.5. - Certain unclassified positions excluded.
Section 36-4-17. - Preparation of employment lists.
Section 36-4-17.1. - Longevity payments.
Section 36-4-17.2. - Future longevity payments.
Section 36-4-18. - Competitive tests.
Section 36-4-19. - Placement of names on employment lists — Listing of veterans.
Section 36-4-20. - Duration of employment lists.
Section 36-4-21. - Open continuous competitive tests.
Section 36-4-22. - Promotion examinations and lists.
Section 36-4-23. - Preferred reemployment list.
Section 36-4-23.1. - Reemployment lists.
Section 36-4-24. - Removal of disqualified names from lists.
Section 36-4-25. - Designation of appropriate list for filling of vacancies.
Section 36-4-26. - Certification and appointment to positions in classified service.
Section 36-4-27. - Unlawful procurement of waiver or withdrawal.
Section 36-4-28. - Probationary period.
Section 36-4-31. - Temporary appointment when no list available.
Section 36-4-32. - Emergency appointments.
Section 36-4-33. - War duration appointments.
Section 36-4-34. - Transfers within classified service.
Section 36-4-34.1. - Transfer of state employees.
Section 36-4-36. - Disciplinary suspensions.
Section 36-4-37. - Layoffs — Preference for retention or reemployment.
Section 36-4-39. - Retirement or transfer to light duty.
Section 36-4-40. - Appeal from administrator to administrator of adjudication.
Section 36-4-40.1. - Administrator of adjudication — Duties.
Section 36-4-40.2. - Hearings — Appeals.
Section 36-4-41. - Appeal from administrator of adjudication to appeal board.
Section 36-4-42. - Appeal from appointing authority to appeal board.
Section 36-4-43. - Conditions of service.
Section 36-4-44. - Training programs.
Section 36-4-46. - Reports of changes in status of employees.
Section 36-4-47. - Personnel roster and records — Tabulation and analysis of data.
Section 36-4-48. - Certification of payrolls and accounts.
Section 36-4-49. - Recovery of unlawful payments.
Section 36-4-50. - Merit as basis — Discrimination prohibited.
Section 36-4-50.1. - Certification of select positions.
Section 36-4-52. - Restrictions on political activities of classified employees.
Section 36-4-53. - Solicitation of political contributions.
Section 36-4-54. - Promise of influence to obtain favors in classified service.
Section 36-4-55 - — 36-4-55.2. Repealed.
Section 36-4-56. - Penalties for violations.
Section 36-4-57. - Compliance with federal standards.
Section 36-4-58. - Severability.
Section 36-4-59. - Tenure in state service.
Section 36-4-60. - Delegation by appointing authority.
Section 36-4-61. - Persons with disabilities — Special list of eligibles.
Section 36-4-62. - Pay incentive program.