You will file this type of grievance for any employment action up to, but not including, a suspension. This type of grievance is public record and you must complete all three grievance steps before filing an appeal to the EAB.
You will file this type of grievance if you are appealing a response to a suspension, demotion, termination, or any other reduction in pay. This type of grievance is only public record if you request to have it be public. Additionally, you may skip the first two steps of the grievance process and file a grievance immediately with DAS.
You'll start by filing any appeal in the EAB eFiling system. If the Board votes to send the appeal for a hearing with an administrative law judge (ALJ), you'll receive a Notice of Transmittal. Any documents that need to be filed up to the time you receive a Notice of Transmittal will be filed in the EAB eFiling system.
After you receive a Notice of Transmittal, you'll file any documents related to the hearing in the Department of Inspections, Appeals, and Licensing, Administrative Hearing Division's AEDMS.
After you receive the ALJ's decision, any further appeals and filings should be done through the EAB eFiling system. The only exception would be a request for rehearing to the ALJ.
The EAB will transfer the case to DIAL and send you notice. You'll then receive notices from DIAL about the hearing processes and procedures. You will also begin uploading all documents for the hearing into their case system.
You should review the DIAL AHD process online. They will send you notices that you should read and follow. If you have any other questions, contact DIAL AHD as the EAB will not be able to answer those questions.
You'll want to file another appeal to the EAB. The EAB sends notice to both parties and the case is added to an agenda for the Board to vote. The Board members review the entire record created by the ALJ. The Board can affirm, reverse, remand, or modify the ALJ's decision.
You can request rehearing from the Board by email, letter, or fax. You can also file a petition for judicial review with the district court.
The party who loses at hearing with the ALJ, or after an appeal to the Board following a hearing, pays the court reporter and transcription costs. These services are typically charged by the hour; so, the longer the hearing, the higher the cost.
NOTE: You MUST have a user account (i.e. username and password) to use EAB’s eFiling system. [Rule 621—16.3(1)(a)].
NOTE: Your username and password are a part of your electronic signature. [Rules 621—16.2(20) and 16.7(20)]. If a document requires a signature, then the document must be efiled under the signatory’s user account (i.e. username and password). Documents should not be filed under the paralegal’s or assistant’s user accounts.
Read and accept terms of “EAB EFILING USER AGREEMENT.”
Select user role (i.e. attorney, representative, self-represented, nonfiler). If you are non-attorney representative, and it asks for an attorney number,
If attorney or representative, select organization (i.e. your employer).
Most organizations have been pre-loaded into the system and can be found in the “Existing” drop-down menu.
Complete User Profile.
* = required text boxes.
If attorney, add your bar number.
Non-attorneys please use: 9+[four digit BU number].
Alternative e-mails – when emails are sent, they can also be sent to the alternative email address (i.e. assistants, personal email account).
Passwords – at least 8 characters, mixture of numbers, upper and lower case letters and 1 special character. Change every 60 days. 6. Click Submit.
Click Submit.
Click OK.
EAB will process and approve your registration and then send you an email notification.
NOTE: You cannot file documents until your registration has been processed and approved.
Select case type (i.e. Unit Determination, Prohibited Practice Complaint).
Click Add My Parties to add the name of the filing party.
* = required text boxes.
If additional representatives are needed, click Add Representative for this party.
If you want to add aliases (i.e. the alias for Albia Community School District may be Albia CSD) click Add Aliases. If the alias is an Organization Name, add it to Last/Business Name column.
Click Next after adding the name of the filing party.
Click Add Other Parties to add the name of the responding party.
Note: Do not add the representative for the Other Party.
Click Next after adding Responding Party.
You will see all parties listed, click Next.
You can also click Back or Save to Draft.
Add the case initiating document (i.e. Petition, Complaint).
Select the document type from the drop-down menu.
Add additional text if necessary.
Click Browse to find the document on your computer.
Document MUST be a PDF.
Do NOT include any exhibits or attachments in the PDF of your case initiating document. These MUST be added as separate documents under the document type Attached/Scanned Exhibit.
Click Add
You can then additional documents, including exhibits or attachments as an Attachment/Scanned Exhibit for each one.
You can view the document by clicking on the document name in the “View Document” column.
If you added the wrong document, click on the document icon in the “Remove” column.
Click Next to start the submission process.
You can also go Back, or Move to Draft.
Click Submit the Filing.
You can also Change Party Information, Add/Remove Documents, go Back, Cancel (Delete) the filing or Move to Draft.
A pop-up email message from EAB will appear which reads: “Your submission is complete. Click OK to file to EAB.”
Or you can click Cancel and you will be returned to the review and approve filings page where your choices are Add/Remove Documents, Back, Cancel (Delete), Move to Draft, or Submit the Filing.
If you clicked OK, your filing will be submitted to EAB and a message “Your Filing has been submitted” will appear.
Click on Filing Status or go to the home page and click on My Filings to review the status of your submission. Status may be viewed for 60 days, and can be downloaded so it can be printed or saved on your computer.
Once EAB has approved your document(s), the My Filings page will show the assigned case number and that document(s) are Filed.
NOTE: If the document needs to be served upon the other party, you need to serve the document along with an agency approved information sheet regarding mandatory electronic filing. [Rule 621—16.10(1)(20)]
NOTE: The proof of service shall be filed electronically. [Rule 621— 16.10(1)(20)].
Enter Case Number into the text box and click eFile.
To add documents:
Select the document type (i.e. Answer, Motion to Dismiss, Brief) from the drop-down menu.
Add additional text if necessary.
Click Browse to find the document on your computer.
Documents MUST be a PDF.
Do NOT include any exhibits or attachments in the PDF of a primary document. These MUST be added as separate documents under the document type Attached/Scanned Exhibit.
Click Add.
You can then additional documents, including exhibits or attachments as an Attachment/Scanned Exhibit for each exhibit or attachment.
You can view the document by clicking on the document name in the “View Document” column.
If you added the wrong document, click on the document icon in the “Remove” column.
Click Next to start the submission process.
You can also go Back, or Move to Draft.
Click Submit the Filing.
You can also Add/Remove Documents, go Back, Cancel (Delete) the filing or Move to Draft.
A pop-up email message from EAB will appear which reads: “Your submission is complete. Click OK to file to EAB.”
Or you can click Cancel and you will be returned to the review and approve filings page where your choices are Add/Remove Documents, Back, Cancel (Delete), Move to Draft, or Submit the Filing.
If you clicked OK, your filing will be submitted to EAB and a message “Your Filing has been submitted” will appear.
Click on Filing Status or go to the home page and click on My Filings to review the status of your submission. Status may be viewed for 60 days, and can be downloaded so it can be printed or saved on your computer.
Once EAB has approved your document(s), the My Filings page will show that the document(s) are Filed.
NOTE: When a document is electronically filed to an existing case, it will be served through the efiling system and no other service is required unless ordered by the agency. [Rule 621—16.10(4)(20)].