Indiana Administrative Code
Title 905 - ALCOHOL AND TOBACCO COMMISSION
Article 1 - GENERAL PROVISIONS
Rule 42 - Nonprobationary Enforcement Officer; Discharge, Demotion, or Suspension
Section 42-6 - Discharge, demotion, or suspension
Current through March 20, 2024
Authority: IC 7.1-2-2-12; IC 7.1-2-3-7
Affected: IC 7.1-2-2-12
Sec. 6.
(a) The superintendent of the excise police, or the superintendent's designee, may discharge, demote, or suspend a nonprobationary officer, for just cause, after preferring charges in writing and after the employee has been afforded the opportunity to participate in a predisciplinary meeting. The superintendent will normally impose discipline in a progressive manner; however, the superintendent shall retain the right to impose discipline which is appropriate to the seriousness of an individual incident or situation.
(b) A probationary officer may be dismissed at the will of the superintendent. The dismissal of a probationary officer does not require the preferring of charges, does not require a predisciplinary meeting, and is not subject to review under section 8 of this rule.
(c) A nonprobationary officer who has been promoted is required to successfully complete a promotional working test period in order to achieve permanent status in the new rank. A nonprobationary officer on a promotional working test period may be returned to the officer's permanent rank at the will of the superintendent. The return of a nonprobationary officer, who is serving a promotional working test period, to the officer's permanent rank does not constitute a demotion, does not require the preferring of charges, does not require a predisciplinary meeting, and is not subject to review under section 8 of this rule.
(d) A nonprobationary officer serving on a spot appointment may be returned to the officer's permanent rank at the will of the superintendent. The return to permanent rank of an officer, who has been serving on a spot appointment, does not constitute a demotion, does not require the preferring of charges, does not require a predisciplinary meeting, and is not subject to review under section 8 of this rule.