R477-11-2. Dismissal or Demotion

  An employee may be dismissed or demoted for cause under Subsection R477-10-2(2)(e) and Section R477-11-1, and through the process outlined in this rule.

  (1) A probationary employee or career service exempt employee may be dismissed or demoted for any or for no reason without right of appeal, except under Sections 67-21-3.5 and 67-19a-402.5.

  (2) No career service employee shall be dismissed or demoted from a career service position unless the agency head or designee has observed the Grievance Procedure Rules and law cited in Section R137-1-13 and Title 67, Chapter 19a, and the following procedures:

  (a) The agency head or designee shall notify the employee in writing of the specific reasons for the proposed dismissal or demotion.

  (b) The employee shall have up to five working days to reply. The employee shall reply within five working days for the agency head to consider the reply before discipline is imposed.

  (c) The employee shall have an opportunity to be heard by the agency head or designee. This meeting shall be strictly limited to the specific reasons raised in the notice of intent to demote or dismiss.

  (i) At the meeting the employee may present, either in person, in writing, or with a representative, comments or reasons as to why the proposed disciplinary action should not be taken. The agency head or designee is not required to receive or allow other witnesses on behalf of the employee.

  (ii) The employee may present documents, affidavits or other written materials at the meeting. However, the employee is not entitled to present or discover documents within the possession or control of the department or agency that are private, protected or controlled under Section 63G-2-3.

  (d) Following the meeting, the employee may be dismissed or demoted if the agency head finds adequate cause or reason.

  (e) The employee shall be notified in writing of the agency head's decision. The reasons shall be provided if the decision is a demotion or dismissal.