§ 928. Rules
(a) The Board, as necessary to carry out the provisions of this chapter, shall adopt and
may amend and rescind rules consistent with this chapter.
(b) Notwithstanding the provisions of subsection (a) of this section, rules adopted by
the Board as they relate to grievance appeals shall provide:
(1) If a collective bargaining agreement provides that an appeal to the Board will constitute
the final step in the grievance procedure, all employees and other persons authorized
by this chapter shall have the right to appeal to the Board in accordance with the
rules of the Board.
(2) That a reasonable notice be given to the State agency or officer, and State employee,
and the representative concerned and to the Commissioner of Human Resources.
(3) That all hearings of the Board shall be public and, unless both parties concerned
request that it be formal, hearings shall be informal and not subject to the rules
of pleadings, procedure, and evidence of the courts of the State.
(4) That all parties in interest to any appeal shall be entitled to be heard on any matter
at issue.
(5) That in appeals from the decisions of the Department of Human Resources or any State
agency or officer, the State agency and officer and the State employee shall be parties
in interest, and the Commissioner of Human Resources or the collective bargaining
representative on motion, may intervene as a party in interest.
(6) That the parties at interest shall have the right to present witnesses, give evidence,
and examine witnesses before the Board.
(7)(A)(i) That the name of any grievant whom the Board exonerates of misconduct for which he
or she was disciplined shall be redacted from the version of the Board’s decision
that is posted on the Board’s website.
(ii) Nothing in this subdivision (7)(A) shall be construed to require the Board to redact
the name of the grievant from any other version of the Board’s decision or from any
other documents related to the grievance.
(B) Nothing in this subdivision (7) shall be construed to modify an individual’s right
to privacy pursuant to any law, rule, or policy. (Added 1969, No. 113, § 1; amended 1977, No. 109, § 8, eff. July 3, 1977; 1987, No. 243 (Adj. Sess.), § 9, eff. June 13, 1988; 2003, No. 156 (Adj. Sess.), § 15; 2015, No. 35, § 3, eff. May 26, 2015; 2015, No. 101 (Adj. Sess.), § 1; 2017, No. 74, § 3.)