Section 1.90  Allocation Appeals Procedure

a)         An employee shall, within 15 days of receipt of the Director of the Department of Central Management Services' decision on reconsideration, serve notice upon the Commission of his intent to appeal the reconsideration decision of the Director.  A copy of the notice of intent shall be served upon the Director of the Department of Central Management Services.  Such notice should state the name of the employee, his appointing agency, a description of the disputed classification issue, and the class for which the employee is appealing.

b)         Upon receipt of a notice of intent to appeal, the Director of the Department of Central Management Services shall file with the Commission within 20 days a submission setting forth the facts and reasons for the reconsideration decision.  A copy shall be served upon the employee.  In such submission there shall be a clear and brief recitation of all relevant facts, argumentative facts, and documentary evidence submitted in exhibit form.

c)         Within 20 days of the receipt of the Director's submission, the employee shall file with the Commission an answer setting forth all relevant facts, argumentative facts, and documentary evidence in exhibit form.  A copy of such answer shall be served upon the Director of the Department of Central Management Services.  The employee shall point out with particularity his disagreement with the submission of the Department of Central Management Services.

d)         Within 30 days of receipt by the Commission of the submissions of the parties notification will be served by the Commission of a date of hearing which shall be held for the purpose of presenting argument and/or accepting evidence on material and substantial issues of fact.  By agreement of the parties and Commission the hearing may be waived.

e)         Parties may represent themselves, be represented by counsel, or by other representatives as they may elect.

f)          After the completion of the hearing a proposal for decision by the Administrative Law Judge shall be served upon the parties.  The parties shall have 15 days after service to file written comments and arguments before the Commission renders its final decision.  The filing of the parties' response shall be in accordance with Section 1.150 of this Part.

g)         Employees who are subject to collective bargaining agreements which permit an appeal to the Commission of class study reclassifications not resolvable under the applicable contract shall use the procedure set forth in this rule if they appeal to the Commission.

(Source:  Amended at 19 Ill. Reg. 12451, effective August 21, 1995)