Mississippi Administrative Code

All employees must apply themselves to their assigned duties during the full schedule for which compensation is being received, except for reasonable time provided to take care of personal needs. Notes 27 Miss. Code. R. 120-5.4 Amended 7/1/2015 Amended 7/1/2016 Amended 7/1/2017 A…

All employees must meet established performance standards. Any conditions or circumstances in the work environment, which prevent an employee from performing effectively, are to be reported to the supervisor. Many departments and agencies maintain more specific rules for employee…

An employee who desires to terminate service with the State should submit a written resignation to the appointing authority at least ten working days before the final working day. Notes 27 Miss. Code. R. 120-5.6 Amended 7/1/2015 Amended 7/1/2016 Amended 7/1/2017 Amended 1/18/2018…

Each appointing authority must take appropriate steps to provide a professional workplace free from any type of harassment. Federal law prohibits harassing behavior based on race, color religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic…

State employees should be especially careful to avoid using, or appearing to use, an official position for personal gain, giving unjustified preferences, or losing sight of the need for efficient and impartial decision making in the State's method of operation. No act should be c…

Personnel administration must be conducted in an atmosphere free from political influence or coercion. Political Contributions and Services No State Service employee may be obliged, by reason of his or her employment, to contribute to a political fund or to render political servi…

A performance review system serves several distinct purposes and functions, including: aligns, corrects, and leverages the performance of each employee; allows managers to make effective decisions regarding workforce performance issues; and promotes quality services. The performa…

Every employee whose position is under the salary setting authority of MSPB must have their job performance assessed at least once annually. Assessments are based on the employee's performance in three areas: 1. Use of required systems/programs/equipment/instruments 2. Job knowle…

The Performance Development System (PDS) used from January 15, 2013 - December 31, 2019 included an Individual Development Plan (IDP) to emphasize the importance of development on performance. Effective January 1, 2020, the IDP is transitioning to Workforce Talent Development and…

The PRS process outlined below provides a brief overview of the annual Review Period. Details of the PRS process are provided with the PRS templates on the MSPB website. Actions taken by the direct supervisor and the employee at the beginning of the Review Period Section 6.4.(A) …

Dismissed means an involuntary termination of employment. An 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. Each of these personnel actions either redu…

The following list of examples illustrating inefficiency or other good cause is not all-inclusive. It is not intended to limit an appointing authority's discretion in determining that inefficiency or other good cause exists, warranting disciplinary action in compliance with MSPB …

A State Service employee may be dismissed or otherwise adversely affected as to compensation or employment status only after being given written notice and hearing, complying with due process of law. A Non-State Service employee may be dismissed or otherwise adversely affected as…

In the hearing, the appointing authority or designated representative should only consider the reasons stated in the written notice, any related supporting documentation, and the employee's response. A determination and recommendation from the designated representative to the app…

Dismissal Dismissal is an involuntary termination of employment. Involuntary termination of employment can occur based upon disciplinary action or a Reduction in Force approved by the MSPB. Dismissal can also occur based on the failure of the employee to continue to meet the elig…

The following issues are grievable and appealable to the Mississippi Employee Appeals Board (MEAB) after exhausting the MSPB grievance procedure: A. Written Reprimands issued pursuant to Section 7.5 of the MSPB Handbook. Non-state service employees may only grieve Written Reprima…

A. Grievances must be submitted to the agency Human Resources Director or other agency designee(s) within seven (7) working days of the employee becoming aware of the alleged grievable issue. In the event that an agency does not have a Human Resources division, grievances must be…

Grievances are to be submitted using the MSPB Grievance Form and management shall provide the 1st Level and Final Agency Response on the grievance form. If necessary, either party may attach relevant supporting documents. An employee's failure to comply with the required timefram…

The MSPB shall make these MEAB Administrative Rules available on the MSPB and MEAB website and MSPB staff shall provide administrative support to the MEAB through the Administrative Office. Notes 27 Miss. Code. R. 120-9.1 Amended 7/1/2015 Amended 7/1/2016 Amended 7/1/2017 Amended…

When a prehearing conference is conducted, the presiding hearing officer may order any such matters as may resolve, simplify and/or expedite the appeal, including but not limited to a prehearing statement, dispositive motions, and statements regarding possible settlement, and may…

A. Parties may file written motions, including requests for continuance, with the Administrative Office. The request must state the grounds, whether the party desires a hearing, and any relief requested. The other parties shall have ten (10) days after service of the motion on th…

A. Each party shall file a list of witnesses such party may call to testify at the hearing. Each party must file a witness list in compliance with this rule no later than ten (10) days prior to the date of the hearing. The list shall contain for each witness: i. Name; ii. Employe…

A. The presiding hearing officer shall have the authority to issue subpoenas in connection with a hearing. B. To compel the attendance of a witness, or witnesses, any party to an appeal may file with the Administrative Office a written Request for Issuance of Subpoenas. Each requ…

A. An appeal may be withdrawn by the appellant at any time prior to the issuance of a decision of the presiding hearing officer before whom the matter is pending. A request for withdrawal of an appeal shall be stated in the record of the proceeding, or shall be submitted in writi…

If any party, without good cause, fails to appear at a hearing, the presiding hearing officer may find in favor of the opposing party and dismiss the appeal with prejudice. Notes 27 Miss. Code. R. 120-9.15 Adopted 1/5/2020 Amended 7/3/2023 Amended 7/12/2024

A. The hearing is de novo, affording the appealing party all procedural due process. B. The responding agency may have a representative, in addition to its attorney, remain in the hearing room during the entire course of the hearing, even though the representative may testify. Th…

A. Hearings shall be informal, and technical rules of evidence and civil procedure shall be relaxed. B. All witnesses shall testify under oath and shall be subject to cross- examination. C. All parties shall have the opportunity to respond and present evidence and argument on all…

A. At the hearing, the matter should be heard as directed by the presiding hearing officer in his or her sole discretion. B. A State Service employee shall have the burden of proving that the reasons stated in the notice of the agency's formal disciplinary action (i) are not true…

All hearings and prehearing matters shall be electronically recorded. It is the responsibility of the Administrative Office to record the proceedings. Upon request and at a reasonable cost, the Administrative Office will provide electronic copies to the parties. In order to maint…

In computing any period of time prescribed or allowed by these rules, the day of the act or event from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, Sunday, legal holiday…

A. Upon the closing of the record, the presiding hearing officer, within twenty-five (25) days thereafter, shall prepare and file a written decision and order. An order may be considered valid and filed only if signed by the Hearing Officer. To expedite resolutions of matters bef…

All parties shall promptly comply with all orders of the EAB, unless either party has timely sought available judicial review. Notes 27 Miss. Code. R. 120-9.21 Adopted 1/5/2020 Amended 7/3/2023 Amended 7/12/2024

A. If a party appealing formal disciplinary action meets his or her applicable burden of proof in Section 9.18, the hearing officer may: i. Order reinstatement of a dismissed employee and restore all his or her employee rights and benefits, including back pay, medical leave, and …

Any party aggrieved by a final written decision and order of the EAB may appeal such order in the manner provided by applicable laws and statutes. Upon notification by the clerk of the relevant court that an appeal has been filed and, if necessary, bond provided, the Administrati…

The Administrative Office shall have the authority to establish reasonable fees and assess reasonable costs of providing the record on appeal. Notes 27 Miss. Code. R. 120-9.24 Adopted 1/5/2020 Amended 7/3/2023 Amended 7/12/2024

A. The hearing officers shall be guided by and subject to the Mississippi Rules of Court, Code of Judicial Conduct (Adopted by the Mississippi Supreme Court April 4, 2002). B. No Hearing Officer shall be removed from office during his or her term except by a finding of misfeasanc…

MSPB may amend these rules or promulgate new rules. If any one or more of these rules is found to be invalid by any court of competent jurisdiction, such finding shall not affect the validity of any other of these rules. The MEAB shall have the authority, duty, and responsibility…

A. 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). B. Non-State Service employees may appeal having been dismissed or otherwise adversely affected…

A. All appeals shall be initiated by filing a written Notice of Appeal with the Administrative Office. Notice of Appeal forms are available to all State agencies and employees on the MEAB website. B. A Notice of Appeal must be filed within fifteen (15) days after the date a perso…

A. When an appeal is filed, a presiding hearing officer shall determine whether or not he or she has jurisdiction. If not, the appeal shall be dismissed sua sponte ( of the hearing officer's own will without prompting or suggestion) without any type of hearing. If an appeal is di…

Unless the Notice of Appeal names some other respondent, the appealing party's employing state agency shall be considered the only respondent. Notes 27 Miss. Code. R. 120-9.6 Adopted 1/5/2020 Amended 7/3/2023 Amended 7/12/2024

A. All pleadings, briefs, requests, and other correspondence shall be filed with the Administrative Office. When an appeal is filed, the Administrative Office shall assign it a docket number. B. All pleadings and other documents filed in the appeal shall be entered on a docket to…

A. When an appeal is filed, the Administrative Office shall give notice to the employing agency and any other appropriate party within five working days. B. The Administrative Office will give notice to the parties of any orders, including those for prehearings, hearings, and mot…

A. The Administrative Office shall assign cases to the hearing officers in a manner that is most efficient and effective to hear and decide cases. B. When, in the opinion of the hearing officer, pending appeals involve a common question of law or fact, he or she may, on his or he…

The following Bylaws are the operating rules for the Mississippi State Personnel Board regarding the Board's transaction of business Notes 27 Miss. Code. R. 140-1.1 Miss. Code Ann. § 25-9-111. Amended 12/19/2022

The name of this agency is the Mississippi State Personnel Board (hereinafter referred to as "Board"). Notes 27 Miss. Code. R. 140-1.2 Miss. Code Ann. § 25-9-111. Amended 12/19/2022

These guidelines will serve to clearly establish the functions of the Board and to provide operating instructions enabling it to act effectively in carrying out its responsibilities. These Bylaws will fulfill the requirements of Miss. Code Ann. 5 25-9-111, as amended. In the even…