Once Your Appeal is Received
After the Civil Service Commission receives an appeal, it is docketed and given a case number. At that time, an appeal acknowledgement is sent out to the parties. In most cases (excluding reclassification appeals which go directly to full hearing) the case is set up for a pre-hearing conference within 30 days of the appeal being filed with the Commission.
You may have a representative or attorney present your case, but you are not obligated to have one.
The Pre-Hearing Conference
A pre-hearing conference is an informal session where both sides present their issues. It is a prime opportunity to explore the possibilities of settlement. Otherwise, both parties will clarify the outstanding issues and determine how many witnesses and which documents will be presented at the full hearing.
Once your case has had a pre-hearing conference, it may be scheduled for a full hearing, typically within 90 days of the pre-hearing conference. The Chairman assigns a Commissioner or Hearing Officer to hear the scheduled cases which, in most cases, is a member of the Civil Service Commission. The Division of Administrative Law Appeals (DALA) hears some civil service appeals - including classification, bypass and disciplinary appeals - at the discretion of the Chairman of the Civil Service Commission.
Parties will be notified well in advance if the hearing will be conducted at DALA offices. As usual, any pre-hearing motions, including motions to dismiss and requests for continuances, should be sent to the Commission, even if the case is being heard by DALA. Cases heard by a DALA hearing officer must still be voted on by the Commission.
Presenting Your Case at the Full Hearing
This is your opportunity to tell your side through documentation and witnesses. Once the hearing begins each side may make a brief opening statement summarizing the essential points to be proven. Both sides will have an opportunity to present witnesses. You will also be able to conduct cross-examination of opposing witnesses. Documents that support your claim may also be submitted as exhibits. The duration of the Full Hearing will depend on how many witnesses will testify.