Where can I get info about the EAB procedures and rules? |
The EAB rules can be found in Chapter 9 of the MS State Employee Handbook, which is available on the EAB website. Section 9.3 specifically addresses who may appeal and actions which may be appealed. |
Can a non-state service employee appeal disciplinary action? |
Non-state service employees may appeal having been dismissed or otherwise adversely affected as to compensation or employment status (formal disciplinary action defined in Section 7.1) only on the basis of alleged violations of state or federal law. Examples include, but may not be limited to formal disciplinary action allegedly based on: race, color, sex, religion, disability discrimination, national origin, age (40 or older), retaliation for certain protected activity (eg. participating in a discrimination complaint process or opposing employment practices that are reasonably believed to be in violation of anti-discrimination laws), political affiliation, or violations of the state Whistleblower's Act (Mississippi Code Annotated §25-9-171 through 177). |
If I make a complaint, will you investigate it? |
No. The EAB has no authority to conduct investigations. The jurisdiction of the EAB may be found in Chapter 9 of the MS State Employee Handbook. |
How long do I have to file an appeal? |
A Notice of Appeal must be filed within fifteen (15) days after the date a person receives written notice of formal disciplinary action defined in Section 7.1 or the Final Agency Response to a grievance pursuant to Section 8.2 (E) or within fifteen (15) days of the first attempted delivery date by certified mail, return receipt requested, whichever occurs first. |
What does it cost to file an appeal? |
It costs $100.00, payable by cashier's check, money order, or attorney's check, to the Mississippi Employee Appeals Board (To pay electronically there is a nominal processing fee). We cannot accept cash or personal checks. If the appeal is dismissed for lack of jurisdiction and without hearing, this $100.00 payment is returned to the appellant. In all other cases, this payment is non-refundable. |
Will my filing fee be refunded if my appeal is dismissed? |
The $100.00 filing fee is non-refundable. However, if the hearing officer dismisses on his or her own accord (or sua sponte), the $100.00 payment is returned to the appellant. |
How do I file a Notice of Appeal or additional documents? |
Electronic filing is preferred. Click here to file your appeal online. If you are unable to file your appeal online, you may file it in person, via U.S. Mail, via email, or via fax. Click here for additional details on how to file your appeal. |
There is sensitive information in my appeal. Is the EAB responsible for redacting this information? |
All filers must redact Social Security or taxpayer identification numbers, dates of birth, names of minor children, financial account numbers, HIPAA-protected information, any confidential agency records or information protected by law or regulations, or other personally identifiable information. See Miss. State Employee Handbook Rule 9.7 (E). This requirement applies to all documents, including attachments. EAB is NOT responsible for any redaction. |
What is a grievable issue and what is the grievance process? |
Grievable issues and the grievance process are found in Chapter 8 of the MS State Employee Handbook. Click here for the MSPB Grievance Form. |
The Notice of Appeal form has a place to list my attorney. Is a lawyer required for my appeal? |
No. Whether to hire a lawyer to represent you or not is a decision you must make yourself, but having an attorney is not a requirement of the appeals process. |
Can someone who is not an attorney represent me? |
No. You must either act for yourself (the legal term is "pro se") or be represented by someone who is licensed to practice law in Mississippi. The EAB is not able to recommend an attorney. |
I don't have an attorney now, but I may get one in the future. Is that okay? |
Yes. If you retain an attorney after you've filed the Notice of Appeal, just ask him or her to file an Entry of Appearance with us, which is a formal notice for us to correspond with the attorney instead of directly with you. |
Can I contact my hearing officer directly? |
No, all correspondence with the hearing officer must go through the EAB Administrative office at eab@mspb.ms.gov, and the other party must be copied in the correspondence. |
I received a Notice of Hearing informing me of my hearing date. What are the rules for requesting a continuance? |
Section 9.11 of the employee handbook addresses motions for continuance. A motion for continuance, will be granted only for good cause or upon the agreement of both parties. No party shall be granted more than one motion for continuance except in the case of extreme emergency or unusual hardship, as determined by the presiding hearing officer. Except for extraordinary reasons, motions for continuance may not be filed any later than fourteen (14) days before the scheduled hearing. |
If I send information to be filed in my appeal in the body of an email, is that sufficient? |
No, all information to be filed in your appeal must be submitted to the EAB as an attachment using one of our template formats. Any information, including briefs, must be submitted as an attachment to the email. Briefs or documents written in the email body will not be accepted. |
Can I call witnesses at my hearing? Can I ask questions of the other side's witnesses? |
Yes, you can call witnesses, and each side will be given the opportunity to question the other's witnesses. Please note that you must file a Witness List, detailing who you intend to call and why, no later than ten days before the hearing date. See Section 9.12 of the employee handbook for details. |
Can the EAB issue subpoenas? |
Yes. See Section 9.13 of the employee handbook or rules concerning subpoena requests. |
I have a question which isn't answered here. |
Call the EAB administrative office at (601) 359-1406, or email us at eab@mspb.ms.gov. |