A. Except as provided by section 41-1830.16, the state personnel board shall hear and review appeals as provided in this article relating to dismissal of a covered employee from covered service, suspension for more than eighty working hours or involuntary demotion resulting from disciplinary action as defined in the personnel rules for an employee in covered service.
B. The state personnel board shall hear and review complaints as provided in title 38, chapter 3, article 9, relating to any personnel action taken against an employee or former employee of this state, except an employee or former employee of a state university or the board of regents, which the employee or former employee believes was taken in reprisal for the employee's or former employee's disclosure of information to a public body. The state personnel board shall recommend the dismissal of a supervisor or other responsible person, other than an elected official, who it determines committed a prohibited personnel practice.
C. The state personnel board may adopt rules it deems necessary for the administration of hearings and the review of appeals and complaints as prescribed in this section.
D. The state personnel board shall only exercise authority that is specifically granted to the board pursuant to this article.
Notes of Decisions
Arizona Dep't of Econ. Sec. v. Redlon, 156 P.3d 430 (Ariz. Ct. App. 2007).
· cites it 7× “Whether § 41-782 empowers the Board to address Redlon’s claim is a question of law that we review de novo.”
McDonald v. Campbell, 821 P.2d 139 (Ariz. 1991).
· cites it 12× “Also, as a part of the same enactment that amended the whistle-blowing statutes in 1989, A.R.S. § 41-782, relating to the State Personnel Board was amended by the addition of subsection B as follows: B.”
Hawkins v. State, Dept. of Econ. SEC., 900 P.2d 1236 (Ariz. Ct. App. 1995).
· cites it 2× “A.R.S. § 41-782(A) provides that “[t]he personnel board shall hear and review appeals as provided in [article 6, Title 41,12A A.”
Carlson v. Arizona State Pers. Bd., 153 P.3d 1055 (Ariz. Ct. App. 2007).
· cites it 2× “6 ¶24 Moreover, even in the absence of a due-process violation, we perceive nothing in the statutory scheme that would authorize the Board to independently dismiss an employee of another state agency; rather, it is authorized to hear appeals by state employees who have been…”
Ross v. Arizona State Pers. Bd., 916 P.2d 1146 (Ariz. Ct. App. 1995).
· cites it 6× “The issue whether the Personnel Board had jurisdiction is determined by examining A.R.S. section 41-782(A) (1992), which provides that “[t]he personnel board shall hear and review appeals .”
Lewis v. Arizona State Pers. Bd., 379 P.3d 227 (Ariz. Ct. App. 2016).
· cites it 2× “See A.R.S. §§ 41-782(A) (“[The Board] shall hear and review appeals as provided in this article relating to dismissal of a covered employee from covered service^]”); - 741(5)(b) (defining “covered employees” to include certain “peace offieer[s]” and “correctional officer[s]”).”
Walters v. Maricopa Cnty., 990 P.2d 677 (Ariz. Ct. App. 1999).
· cites it 2× “section 41-782(B) requiring the board to hear claims brought under A.”
Butterworth v. Wiley, 600 P.2d 32 (Ariz. Ct. App. 1979).
· cites it 4× “For the statutory predecessors of A.R.S. §§ 41-782, 783 and 785, see, respectively, 1968 Ariz.”
Pima Cnty. v. Pima Cnty. Law Enf't Merit Sys. Council, 99 P.3d 19 (Ariz. Ct. App. 2004).
· cites it 3× “A.R.S. § 41-782(A). It is also authorized to “adopt rules it deems necessary for the administration of hearings and the review of appeals and complaints,” § 41-782(C), and its decisions are final, subject to judicial review, A.”
Evans v. State, Ex Rel. Arizona Corp. Com'n, 643 P.2d 14 (Ariz. Ct. App. 1982).
· cites it 2× “§ 41-781 through § 41-785, and the rules enacted pursuant to A.R.S. § 41-782(1), vest discretion in the Personnel Board, not in the courts, to determine when a violation of A.”
McDonald v. Campbell, 821 P.2d 176 (Ariz. Ct. App. 1990).
· cites it 3× “§ 38-532, the “whistle-blowing” statute, is not within Title 41, and, therefore, that the exemption in § 41-771 does not exclude the Supreme Court’s “whistle-blowing” employees from the authority of the Personnel Board. The Personnel Board’s jurisdiction under § 38-532, however,…”
— Ariz. Rev. Stat. § 41-782(1) — 2 cases
Evans v. State, Ex Rel. Arizona Corp. Com'n, 643 P.2d 14 (Ariz. Ct. App. 1982).
“§ 41-781 through § 41-785, and the rules enacted pursuant to A.R.S. § 41-782(1), vest discretion in the Personnel Board, not in the courts, to determine when a violation of A.”
Butterworth v. Wiley, 600 P.2d 32 (Ariz. Ct. App. 1979).
“For the statutory predecessors of A.R.S. §§ 41-782, 783 and 785, see, respectively, 1968 Ariz.”
— Ariz. Rev. Stat. § 41-782(A) — 5 cases
Hawkins v. State, Dept. of Econ. SEC., 900 P.2d 1236 (Ariz. Ct. App. 1995).
“A.R.S. § 41-782(A) provides that “[t]he personnel board shall hear and review appeals as provided in [article 6, Title 41,12A A.”
Lewis v. Arizona State Pers. Bd., 379 P.3d 227 (Ariz. Ct. App. 2016).
“See A.R.S. §§ 41-782(A) (“[The Board] shall hear and review appeals as provided in this article relating to dismissal of a covered employee from covered service^]”); - 741(5)(b) (defining “covered employees” to include certain “peace offieer[s]” and “correctional officer[s]”).”
Ross v. Arizona State Pers. Bd., 916 P.2d 1146 (Ariz. Ct. App. 1995).
“The issue whether the Personnel Board had jurisdiction is determined by examining A.R.S. section 41-782(A) (1992), which provides that “[t]he personnel board shall hear and review appeals .”
Pima Cnty. v. Pima Cnty. Law Enf't Merit Sys. Council, 99 P.3d 19 (Ariz. Ct. App. 2004).
“A.R.S. § 41-782(A). It is also authorized to “adopt rules it deems necessary for the administration of hearings and the review of appeals and complaints,” § 41-782(C), and its decisions are final, subject to judicial review, A.”
— Ariz. Rev. Stat. § 41-782(B) — 3 cases
Walters v. Maricopa Cnty., 990 P.2d 677 (Ariz. Ct. App. 1999).
“section 41-782(B) requiring the board to hear claims brought under A.”
McDonald v. Campbell, 821 P.2d 139 (Ariz. 1991).
“Also, as a part of the same enactment that amended the whistle-blowing statutes in 1989, A.R.S. § 41-782, relating to the State Personnel Board was amended by the addition of subsection B as follows: B.”
— Ariz. Rev. Stat. § 41-782(C) — 1 case
Pima Cnty. v. Pima Cnty. Law Enf't Merit Sys. Council, 99 P.3d 19 (Ariz. Ct. App. 2004).
“A.R.S. § 41-782(A). It is also authorized to “adopt rules it deems necessary for the administration of hearings and the review of appeals and complaints,” § 41-782(C), and its decisions are final, subject to judicial review, A.”
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