Any employee deemed guilty of such act or omission which justifies his reduction in rank or removal from the service may be immediately relieved of duty by his immediate superior. Within three (3) work days thereafter the Appointing Authority or his authorized representative shall cause to be served on such employee, either personally or by certified mail, at the address of such employee as appears on the Civil Service records, a written statement specifically setting forth the reasons for his reduction in rank or removal.
Such statement shall also state the time and place of the hearing thereon before the Appointing Authority and shall advise the employee that he may file a reply in writing to the charges and may appear personally and be heard in defense of such charges. At least one (1) work day shall elapse between the service of such notice and the hearing thereon and such employee, on request, shall be given at least three (3) work days continuance.
The following procedure shall be followed in the conduct of such hearings before the Appointing Authority:
a. The charges shall be read unless the employee waives reading thereof.
b. Inquiry shall be made of the employee as to the receipt of the charges.
c. Inquiry shall be made to the plea of the employee to the charges.
d. The written reply, if any, to the charges shall be read.
e. Evidence in support of the charges shall be presented.
f. Evidence in defense of the charges shall be presented.
g. Rebuttal evidence, if any, shall be presented.
The purpose in such hearings shall be to ascertain the truth of the charges. Evidence shall be limited to matters connected with the charges. Technical rules of evidence need not be strictly observed. Witnesses shall be sworn in prior to the taking of testimony. On request, witnesses shall be separated.
Should the charges be sustained by the Appointing Authority, the judgment of reduction in rank or removal shall be as of the date the employee was relieved from duty. Should the charges not be sustained, the employee shall be restored to the payroll as of the date he was relieved from duty. Should the charges be sustained, but, in the opinion of the Appointing Authority, only a suspension is warranted, an order of suspension dating from the date the employee was relieved from duty may be made.
The findings of the Appointing Authority and his judgement thereon shall be reduced to writing, and together with a copy of the charges and the statement of the time and manner of service of same on the employee and his reply in writing thereto shall be filed with the Commission.