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(g) Withdrawal/Amendment

               The agency or department head or his or her designee has full authority,

            at any time before or after the notice of discipline is served by an appointing
            authority or his or her designee, to review such notice and the proposed

            penalty and to take such action as he or she deems appropriate under the
            circumstances in accordance with this Article including, but not limited to,

            determining whether a notice should be issued, amendment of the notice
            no later than 15 days prior to first Expedited Resolution Meeting or 15 days

            prior to the disciplinary arbitration hearing provided for in Section 33.4 –
            Disciplinary Arbitration  –  of  this Article withdrawal of  the notice or a

            reduction in the proposed penalty. Amendment of the notice after 15 days
            prior to the first Expedited Resolution meeting or after 15 days prior to the

            disciplinary arbitration hearing provided for in Section 33.4, or withdrawal
            of the notice, are subject to the following:


                  •  where amended, the employee is entitled to an adjournment where

                      requested by the employee, or his or her representative;

                  •  in the instance  where an employee is suspended without pay or
                      temporarily reassigned pursuant to Section 33.3(j)(1) - Suspension

                      Without Pay - the withdrawal of a notice of discipline shall cause
                      the  employee to be retroactively reinstated with back  pay,  if

                      suspended, or  returned to his  or her original assignment, if
                      temporarily reassigned, upon such withdrawal. The amendment of

                      the notice of discipline in such instances shall end such suspension
                      or temporary  reassignment  as of the date of such amendment.

                      However, the disciplinary arbitrator shall determine whether there
                      was a probable cause for suspension in accordance with Section

                      33.3(j)(1) - Suspension Without Pay - and, where in issue whether
                      the amendment is,  in  fact,  a withdrawal of the  initial notice of

                      discipline and entitled to be treated as such pursuant to this section;
                  •  in all instances where an employee  is  suspended  without  pay  or

                      temporarily reassigned pursuant to Sections 33.3(j) - Suspension

                      Without Pay  or  Temporary Reassignment  -  and the notice of
                      discipline is amended or withdrawn pursuant to this provision, such

                      an employee may not be again suspended or temporarily reassigned
                      solely upon those same facts alleged to constitute incompetency or


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