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This website contains general information regarding the State Personnel Board of Review. It is not intended and should not be construed as legal advice.
This information provides general answers to the most frequently asked questions from Appellants and their representatives, and is not intended as legal advice.
Do I Need an Attorney?
An employee filing an appeal with SPBR is not required to retain legal counsel. Any person not prohibited by law may represent himself or herself before the Board. You may, however, feel more comfortable having an attorney represent you. An attorney or other individual who represents you before the Board must file a notice of appearance with The Board. Although SPBR cannot provide legal advice to you regarding the merits of your appeal, our staff may answer your procedural questions.
How Will I Know If a Hearing is Scheduled?
You will receive written notice of the time and date of any settlement conference, status conference, pre-hearing Or record hearing scheduled in your appeal. If you are represented by an attorney or other representative who has Filed a notice of his or her appearance with SPBR, both you and your attorney/ representative will receive a notice.
What If I Can't Be There on the Hearing Day?
If you cannot attend on the date and time shown on your hearing notice, you must contact the Board as soon as you know of the problem. A request for a continuance must be made in writing, at least ten calendar days prior to the hearing, unless good cause is shown for failing to do so. A request for a continuance does not automatically stay the hearing, but must be expressly granted by an ALJ or the Board. You must also contact the opposing party's attorney to see if he/she will agree to the change.
What If I Don't Attend the Hearing?
If you file an appeal and neither you nor your authorized representative attend the hearing, the appeal will be dismissed.
What Will My Record Hearing Be Like?
A record hearing is very similar to a trial in court, with witnesses, exhibits and rules of evidence. Click here for more detailed information.
What Kind of Evidence Will I Need to Bring to the Hearing?
Depending on your case, you may want to bring witnesses who know about the issues involved in the charges against you. If there are documents, such as business records, that help prove your case, try to bring the original and two copies. You may bring photographs or other items that are relevant to your defense. Items you want considered must be left with the ALJ or the Board.
Is There a Way to Settle Without a Hearing?
Cases often settle without going to hearing. Settlement provides parties with the opportunity to fashion their own remedy to a problem and is especially useful when the parties will have an ongoing relationship after the appeal process is concluded. Contact the opposing party's attorney to see if you can work something out. If you are represented by an attorney in your appeal before the Board, your attorney should also participate in any settlement negotiations. The parties may conduct their own settlement negotiations, or call on SPBR for assistance. If both parties are willing to have SPBR participate in the settlement process, a confidential, informal settlement conference will be scheduled to determine whether or not a compromise agreement can be reached. The Board's neutral representative will direct the settlement discussions, but is not formally presented with evidence and will not make a judgment regarding any issue in dispute.
How Do I Get Subpoenas?
If you are a party to an appeal, you have the right to subpoena witnesses and relevant documents to be produced at the hearing. Contact the Board well before your hearing to request subpoenas. It is your responsibility to determine how to serve subpoenas correctly. The procedure is outlined in the Board's administrative rules. If you are requesting more than five subpoenas, you will need to get prior approval from the Board.
Who Do I Contact if I Have Questions Regarding My Appeal?
Although the Board and its staff cannot provide you with legal advice, you may contact SPBR at 614/466-7046 for general information regarding procedural matters and the status of your appeal. All correspondence received from SPBR will include the case number assigned to your appeal. Please have your case number available when you contact SPBR.