Nebraska Administrative Code
Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF
Title 273 - STATE PERSONNEL DIVISION
Chapter 13 - DISCIPLINARY ACTION
Section 273-13-004 - PROCEDURE FOR IMPOSING DISCIPLINARY ACTION
Universal Citation: 273 NE Admin Rules and Regs ch 13 ยง 004
Current through March 20, 2024
004.01 Agency heads are responsible for, and will establish, a procedure for the administration of discipline which ensures the following minimum due process provisions for employees being disciplined.
004.01(A) Prior to imposing discipline,
employees are entitled to written notice of the proposed allegations against
them, which will identify the rule or policy violated and include an
explanation of an agency's evidence against them. (Oral notice may be
sufficient when written notice is not expedient.) The explanation will include
a description of the incident involved and/or dates of occurrence to the extent
the explanation would not impair the function or operation of the agency or
expose the agency to legal liability.
004.01(B) Prior to imposing discipline, the
employee is entitled to an opportunity to present mitigating evidence or
reasons why disciplinary action should not be taken. If the opportunity or
explanation is in the form of a meeting, the agency head will afford the
employee adequate notice as to time, place, and purpose of such meeting. 24-
hour notice is considered adequate.
004.02 If a disciplinary action is imposed, the employee will be:
(A) Advised in writing
of the nature of the offense;
(B)
Advised of the disciplinary action being administered; and
(C) If appropriate, notified of the time
allowed for improvement and the consequences (including dismissal) of future
violations or failure to improve. The employee's signature does not constitute
agreement with the content of the document. If the employee refuses to sign,
the supervisor and witness will sign a notation of the employee's refusal on
the document. A copy of the document will then be placed in the employee's
personnel file.
004.03 When an incident calls for the application of discipline, the discipline will be imposed only once for that incident. Further action may be imposed for any subsequent incidents.
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