The Civil Service Commission is responsible for conducting hearings on employee appeals of geographical transfers. When an employee receives a notice of a permanent transfer from one geographical area in the State to another, they may appeal the action to the Commission. The appeal must be in writing and filed with the Commission within 15 days of the date the employee is required to report to the new location. The burden of proof is on the employee to introduce sufficient, competent, and credible evidence showing that the transfer was unreasonable, unjust, or capricious and was not a bona fide attempt to serve the best interests of the operating agency.
The Commission will appoint an Administrative Law Judge to conduct a hearing. A court reporter will be present to transcribe the hearing. At the hearing, the employee has a right to counsel and may question the witnesses who testify under oath. The employee may also call witnesses and introduce documents and other evidence.
At the conclusion of the hearing, the Administrative Law Judge will prepare a proposed decision. Copies will be sent to all parties who will then have an opportunity to file a response to the proposed decision. After considering the proposed decision and any responses filed by the parties, the Commission will make a final decision at one of its public meetings.