Current through all regulations passed and filed through September 16, 2024
(A) Upon the resignation or discharge of a
member of the state highway patrol who has fifteen or more years of total
service credit, the board may consider whether the reason for separation was
dishonesty, cowardice, intemperate habits, or conviction of a felony.
(B) The board may schedule a hearing to
consider all available evidence.
(1) The
former member shall be given notice of the hearing by certified mail. The notice of hearing shall be sent at least sixty days
prior to the hearing. The notice shall inform that former member that he/she
may submit documents to HPRS and may appear, with or without counsel, to
present testimony.
Documents must be received at least ten days prior to
the hearing date.
(2)
HPRS staff shall provide a summary memorandum and may
be represented by the office of the attorney general.
(3)
The former member shall be notified of the board's
findings by certified mail.
(C) A former member who disagrees with the
board's findings may request reconsideration.
(1) A request for reconsideration must be
accompanied by new evidence and received by the executive director in writing
within forty days of the mailing of the board's
determination. If new evidence is not received, as
determined by the board chair, the request for reconsideration shall be denied
and the board's initial determination shall become final.
(2) The former member shall be given notice
of the reconsideration hearing by certified mail.
The former member shall be given the
opportunity to present any new evidence submitted. No additional documentation
or testimony will be accepted during the reconsideration
hearing.
(3) Within ten
business days, the former member shall be notified of the board's
reconsideration findings by certified mail. The board's
decision is final.
Effective: 9/8/2015
Five Year Review (FYR) Dates:
06/22/2015 and
09/08/2020
Promulgated
Under: 111.15
Statutory Authority: 5505.07
Rule
Amplifies: 5505.17
Prior Effective Dates:
9/28/2010
