The State Personnel Board shall appoint an employee appeals board, which shall consist of three (3) hearing officers, for the purpose of holding hearings, compiling evidence and rendering decisions on appeals of state agency action adversely affecting the employment status or compensation of any employee in the state service. Hearings before the employee appeals board may be conducted by an individual hearing officer or by the board en banc, as provided in State Personnel Board rules. The original appointments shall be effective February 1, 1981, as follows:
- (a) One (1) hearing officer from the first Supreme Court district, for a term of two (2) years to expire February 1, 1983;
- (b) One (1) hearing officer from the second Supreme Court district, for a term of three (3) years to expire February 1, 1984; and
- (c) One (1) hearing officer from the third Supreme Court district for a term of four (4) years to expire February 1, 1985.
Upon expiration of the foregoing terms, members shall be appointed by the board for terms to expire February 1 each four (4) years thereafter, and may be reappointed. The members of the employee appeals board shall be paid an appropriate fee, to be established by the attorney general, and they shall be reimbursed for any actual and necessary expenses incurred while hearing an appeal as authorized by general law.
Laws, 1980, ch. 303, § 9(2); Laws, 1982, ch. 390, § 3, eff. 7/1/1982.
Notes of Decisions
Miss. State Pers. Bd. v. Armstrong, 454 So. 2d 912 (Miss. 1984).
· cites it 2× “Armstrong's petition asserted that Hearing Officer Miller's decision was unauthorized by law because Miss. Code Ann. § 25-9-129 (Supp. 1981) required that the Employee Appeals Board consist of three hearing officers.”
Moody v. Miss. Dept. of Pub. Saf., 729 So. 2d 1249 (Miss. 1999).
· cites it 3× “In support of this argument, Moody cites Miss. Code Ann. § 25-9-129 , which established the EAB, and provides: The State Personnel Board shall appoint an employee appeals board, which shall consist of three (3) hearing officers, for the purpose of holding hearings, compiling…”
Mississippi Dept. of Corr. v. Smith, 883 So. 2d 124 (Miss. Ct. App. 2004).
“Miss.Code Ann. § 25-9-129 (Rev.2003). Both the hearing officer and then the Board found that improper political influence caused Smith to be terminated.”
Robert E. Moody v. Mississippi Dep't of Pub. Saf. (Miss. 1998).
· cites it 3× “In support of this argument, Moody cites Miss. Code Ann. § 25-9-129 , which established the EAB, and provides: The State Personnel Board shall appoint an employee appeals board, which shall consist of three (3) hearing officers, for the purpose of holding hearings, compiling…”
James Richards v. Mississippi Dep't of Pub. Saf.; (Miss. Ct. App. 2020).
“The EAB hears the case de novo, and this Court must search the record for substantial evidence to support the EAB’s decision. ¶72. The members of the EAB are appointed by the State Personnel Board to hold hearings, take evidence, and decide appeals by “state service” employees…”
Mississippi Dep't of Corr. v. Tiffany McClure (Miss. 2024).
“” Miss. Code Ann. § 25-9-129 (Rev. 2018). Per the Handbook, “[a]n employee is adversely affected as to compensation or employment status when the employee is dismissed, involuntarily demoted with a reduction in pay, or suspended without pay.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.