Section 39.52.370. Personnel board action.

   (a) Within 10 days after receipt of the hearing officer's report, either party may protest the officer's findings of fact, conclusions of law, and recommendation, and, if a protest is filed, shall serve a copy on the other party.  Oral argument before the personnel board must be provided only if requested by either party. The board chair shall set the deadline for submission of requests for oral argument, and set the dates for submission of briefs and oral argument before the board, if requested.
   (b) The board may issue subpoenas under AS 39.52.380, and may, for good cause shown, augment the hearing record, in whole or in part, or hold a hearing de novo.
   (c) The personnel board shall review each report submitted by a hearing officer and shall either adopt or amend the findings of fact, conclusions of law, and recommendation of the officer.  Deliberations of the personnel board must be conducted in sessions not open to the public.
   (d) If the personnel board determines that a violation occurred, it may impose the penalties in AS 39.52.410, 39.52.440, and 39.52.450, as appropriate.  If the board determines that no violation occurred, the board shall issue a written order of dismissal.
   (e) The personnel board secretary shall promptly notify the parties and the public officer's designated supervisor of the board's action.
   (f) The subject of the accusation may appeal the personnel board's decision by filing an appeal in the superior court as provided in the Alaska Rules of Appellate Procedure.

Authorities

39.52.350

Notes

References

9 AAC 52.040
AS 39.52.350 Probable cause for hearing.

History

(Sec. 1 ch 87 SLA 1986)