State Personnel Board of Review - Section 124.34 Orders - Service of "section 124.34 orders" and orders of involuntary disability separation.


Published: 2019-03-24

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(A) A "section 124.34 order" or an order of involuntary disability separation is served on an employee when:

(1) It is personally served upon the employee; or

(2) It is delivered to the employee's last known address, by certified mail with electronic delivery confirmation; or

(3) It is left at the usual place of residence, or last known address of the affected employee, with an adult residing therein.

(B) At any time delivery by one of the methods listed under paragraph (A)(2) of this rule is attempted but unsuccessful as evidenced by the electronic service delivery or tracking, then the "section 124.34 order" or the order of involuntary disability separation may be sent by ordinary mail, evidenced by a certificate of mailing. A "section 124.34 order" or an order of involuntary disability separation issued to an employee under the provisions of this paragraph shall be deemed served on the third calendar day after the order is mailed.

(C) Employees shall notify the appointing authority of any changes of address throughout their employment. A "section 124.34 order" or an order of involuntary disability separation will not be disaffirmed based upon an appointing authority's failure to serve the employee with a copy of the order where the employee has failed to notify the appointing authority of a change of address and the appointing authority has attempted to serve a copy of the order to the employee's last known address. The burden is on the employee to prove the appointing authority was notified of a change in the employee's address.