SB76 Alabama 2012 Session

Updated Feb 27, 2026

Notable

Summary

Primary Sponsor: Clay Scofield
Republican
Session: Regular Session 2012
Title: State employees, classified, suspensions, procedures for challenge or appeal revised, Sec. 36-26-28 am'd.
Summary: SB76 changes how Alabama handles suspensions of classified state employees by creating an independent hearing process and standardizing appointment rules for hearing officers.
What This Bill Does
It allows suspensions up to 30 days per year without pay; suspensions with pay require written charges and a 10-day window to accept or request a hearing. If a hearing is requested, an independent hearing officer will hear evidence and issue a recommendation, and the appointing authority may accept or reject that recommendation with a written justification. The bill eliminates post-suspension review, requires the independent hearing officer to be chosen from a state-maintained list, and allows challenges to the officer's appointment within five days; it also applies the suspension-challenge process to all state departments and agencies (with an option for departments already using a pre-existing process to continue if they meet due process standards).

Who It Affects
Classified state employees who are suspended: they may face up to 30 days of suspension per year without pay, can request an independent hearing, and have a right to challenge the hearing officer’s appointment.
State appointing authorities/supervisors: they must issue written charges, conduct the suspension process, appoint an independent hearing officer if a hearing is requested, and provide justification if they reject the officer's recommendation.
State Personnel Department and hearing officers: the Department maintains the list of eligible hearing officers and handles appointment challenges; hearing officers must be independent of the employee's work area and may be drawn from a government-wide register.
All state departments/agencies: become subject to the new suspension framework, though those already using a pre-disciplinary or other existing process may continue if they meet due process requirements.

Key Provisions
Sets a limit of 30 days per year for suspensions without pay for classified employees; suspensions with pay require written charges detailing reasons.
If a suspension hearing is requested, an independent hearing officer must be appointed to hear evidence and issue a recommendation; the appointing authority may accept or reject this recommendation and must provide written justification if rejected.
Independent hearing officers must be selected from a list maintained by the State Personnel Department; challenges to the officer's appointment must be filed within five days of notice to the employee.
Hearing officers may be from the Governmental Hearing Officer register and may be employed by the appointing authority, but must remain independent of the employee's division or area.
The burden of proof rests with the appointing authority to prove the charges supporting the suspension.
Departments with an existing suspension-hearing process may continue using their method if they adhere to due-process principles, including the burden of proof on the appointing authority.
The act does not apply to departments that currently use a pre-disciplinary hearing process that already leads to a disciplinary action based on a fair hearing.
Effective date: the act becomes law on the first day of the third month after approval by the Governor.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: State Employees