Mississippi Administrative Code
Title 27 - Personnel
Part 120 - Mississippi State Employee Handbook
Chapter 9 - MISSISSIPPI EMPLOYEE APPEALS BOARD Purpose
Section 27-120-9.22 - RELIEF TO BE GRANTED

Universal Citation: MS Code of Rules 27-120-9.22

Current through September 24, 2024

A. If a party appealing formal disciplinary action meets his or her applicable burden of proof in Section 9.18, the hearing officer may:

i. Order reinstatement of a dismissed employee and restore all his or her employee rights and benefits, including back pay, medical leave, and personal leave. Retirement benefits may also be restored provided the integrity of such benefits remains uncompromised in accordance with all applicable laws, policies, rules and regulations.

ii. Order reinstatement of a demoted employee to his or her previous position and salary, including back pay.

iii. Order that an employee suspended without pay be reimbursed for the period of suspension

iv. Order that a Written Reprimand be removed from an employee's personnel file and not considered for possible future disciplinary action.

B. Pursuant to Mississippi Code Annotated § 25-9-131, the hearing officer may modify the formal disciplinary action issued to an appealing party but may not increase the severity of such action. In such circumstances, pursuant to Section 9.18 (B) (ii), the employee has the burden of proving that the reasons stated in the formal disciplinary action notice are not sufficient grounds for the action taken. The agency's decision concerning the level of disciplinary action issued to the employee is entitled to a presumption of correctness and the hearing officer shall accord a degree of deference to the agency's determination.

C. If a party appealing pursuant to Section 9.3 (C), (D) or (E) meets his or her applicable burden of proof in Section 9.18, the hearing officer may grant the appropriate relief allowed by law.

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