Section 24: Appeals; petitions

259 words·~1 min read·/ma/part-i/title-iv/chapter-31/24

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 24. An applicant may appeal to the commission from a decision of the administrator made pursuant to section twenty-three relative to

(a)the marking of the applicant's answers to essay questions or training and experience sheet;

(b)a finding that the applicant did not meet the entrance requirements for appointment to the position; or

(c)a finding that the examination taken by such applicant was a fair test of the applicant's fitness to actually perform the primary or dominant duties of the position for which the examination was held. Such appeal shall be filed no later than seventeen days after the date of mailing of the decision of the administrator. The commission shall determine the form of the petition for appeal, provided that the petition shall include a brief statement of the allegations presented to the administrator for review. After acceptance of such an appeal, the commission shall conduct a hearing and, shall forthwith render a decision, and send a copy of such decision to the applicant and the administrator.

The commission shall refuse to accept any petition for appeal unless the request for appeal, which was the basis for such petition, was filed in the required time and form and unless a decision on such request for review has been rendered by the administrator. In deciding an appeal pursuant to this section, the commission shall not allow credit for training or experience unless such training or experience was fully stated in the training and experience sheet filed by the applicant at the time designated by the administrator.