Indiana Administrative Code Title 33 - STATE EMPLOYEES' APPEALS COMMISSION
Indiana Administrative Code
Title 33 – State Employees' Appeals Commission
Overview
Title 33 of the Indiana Administrative Code establishes and governs the State Employees' Appeals Commission (SEAC). This Commission serves as a quasi-judicial body responsible for hearing and deciding appeals by state employees related to employment disputes, including disciplinary actions such as suspensions, demotions, or terminations.
The rules in this title set forth the procedures for filing appeals, conducting hearings, and issuing decisions to ensure fair treatment of state employees under Indiana law.
Key Areas Covered in Title 33
1. Purpose and Jurisdiction
The SEAC is empowered to hear appeals from classified state employees who believe they have been subjected to unjust disciplinary actions.
Jurisdiction includes disputes over:
Suspension without pay.
Demotion.
Dismissal or termination.
Other adverse employment actions by state agencies.
The Commission ensures due process rights are protected during employment disputes.
2. Filing an Appeal
Employees must file a written notice of appeal within a specified timeframe after receiving notice of disciplinary action (typically 15 or 30 days).
The appeal must include:
Employee's details.
Description of the disciplinary action.
Grounds for appeal (e.g., procedural errors, insufficient evidence).
The Commission may dismiss appeals filed late or not meeting filing requirements.
3. Pre-Hearing Procedures
Upon receipt of an appeal, the Commission schedules a hearing date.
Parties are notified and may exchange information and evidence.
The Commission may hold pre-hearing conferences to clarify issues or encourage settlement.
4. Hearing Process
Hearings are conducted in a formal manner, similar to court proceedings.
Both the employee (appellant) and the employing agency can:
Present evidence.
Call and cross-examine witnesses.
Make legal arguments.
Hearings are generally open to the public, unless confidentiality is required.
5. Decision and Remedies
After the hearing, the Commission issues a written decision based on the evidence and applicable laws.
Possible outcomes include:
Affirming the disciplinary action.
Modifying the disciplinary penalty.
Reversing the disciplinary action and ordering reinstatement.
The decision is binding on the employer unless appealed to a higher court.
6. Appeals from Commission Decisions
Either party may appeal the SEAC’s decision to the Indiana Court of Appeals.
Appeals generally focus on legal errors, not factual disputes.
The Court may uphold, reverse, or remand the decision.
7. Representation
Employees may be represented by attorneys, union representatives, or other advocates.
Agencies typically have legal counsel present.
The Commission may allow self-representation but encourages professional representation for complex cases.
8. Miscellaneous Provisions
Rules regarding subpoenas for witnesses and documents.
Guidelines for the conduct of parties and decorum during hearings.
Confidentiality of certain information during the process.
Summary Table
| Section | Key Points |
|---|---|
| Purpose & Jurisdiction | Hear appeals on disciplinary actions affecting state employees |
| Filing an Appeal | Written notice within time limits, specifying grounds |
| Pre-Hearing Procedures | Scheduling, notifications, pre-hearing conferences |
| Hearing Process | Formal hearings with evidence, witnesses, and cross-examination |
| Decision & Remedies | Written decisions, possible reinstatement or modification |
| Appeals | Right to appeal Commission decisions to Court of Appeals |
| Representation | Employee and agency may have legal or union representation |
| Miscellaneous | Subpoenas, conduct rules, confidentiality provisions |
Conclusion
The Indiana Administrative Code Title 33 provides a structured and fair process for state employees to appeal disciplinary actions. By establishing the State Employees’ Appeals Commission, Indiana ensures that employment disputes are resolved impartially, protecting employees' rights while allowing agencies to maintain accountability and discipline.
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