Current through Register Vol. XLI, No. 45, November 8, 2024
Section 217-1-3 - Classification Plan3.1. Class Specifications.3.1.1. A class specification is a general description of the kinds of work characteristic of positions properly allocated to that class and does not prescribe the duties of any position. It does not limit the expressed or implied authority of the agency head to prescribe or alter the duties of any position.3.1.2. Class specifications are descriptive and are not restrictive. The fact that all of the actual tasks performed in a position do not appear in the specifications of a class to which the position has been allocated does not mean that the position is necessarily excluded from the class, nor shall any one example of a typical task taken without relation to the other parts of the specification be construed as determining that a position should be allocated to the class.3.1.3. The statement of minimum qualifications expresses the lowest acceptable level of education, experience, licensure, and professional standards generally necessary for an employee to successfully perform the required duties of positions in the job class. The use of a particular expression of qualifications, requirements, or other attributes shall not be held to exclude others not mentioned.3.1.4. In cases of recruitment difficulties or unique position requirements, the Division, in collaboration with the agency head, may use its discretion in interpreting minimum experience, training, licensure, and professional standards.3.1.5. The Division shall consider class specifications as a primary source of authority for the content of examinations for the class and for the evaluation of qualifications of applicants. Supplemental job information may be used as a further basis for examinations and minimum qualification standards. Provisions for the substitution of related experience, education, or other qualifications for specific education or experience requirements may be made in specific examination announcements for particular positions, even though these provisions are not part of the class specification.3.2. Classification of Positions. -- The Division on behalf of the Cabinet Secretary has the sole authority for the classification process. 3.2.1. The Division shall consider the class specifications to determine the class to which any position shall be allocated, and give consideration to the general duties, specific tasks, and responsibilities required and relationship to other classes.3.2.2. The classification of a position shall not be based upon the individual characteristics or performance level of the employee occupying the position nor upon the classification of other positions.3.2.3. The Division may authorize job audits for the purpose of position classification and for maintaining the integrity of the classification system.3.3. Position Descriptions. 3.3.1. Position description forms shall be prescribed by the Division.3.3.2. The position description is an official record of the duties and responsibilities assigned to a position and shall be used by the Division to allocate the position to its proper class.3.3.3. The position description shall include a current description of specific duties, responsibilities, and other pertinent information about the position.3.3.4. The position description shall not be construed in any way to limit the expressed or implied authority of the agency head to prescribe or alter the duties of any position.3.3.5. Position descriptions shall be kept current by the agency head for each position under his or her jurisdiction. When the agency head significantly alters the duties and responsibilities of a position, he or she shall provide a revised position description to the Division, certifying by his or her signature its accuracy and completeness.3.3.6. If an agency head fails to notify the Division of significant alterations in the duties and responsibilities of a position, the incumbent in the position may file with the Division a written request for a review of his or her position.3.3.7. Falsification of information on position description forms may be grounds for disciplinary action.3.4. Reclassification. 3.4.1. Upon its own initiative, or at the request of an agency head, the Division may reclassify positions by the creation or elimination of classes or by revision of the definition of the work. The agency head shall provide to the Division a current description of the duties and responsibilities assigned to each position affected.3.4.2. The employee in the position at the time of a reclassification is entitled to continue to serve in that position, provided that the employee meets the minimum requirements. If ineligible to continue in the position, he or she may be transferred, promoted, or demoted as appropriate. In any case in which the incumbent is ineligible to continue in the position, and he or she is not transferred, promoted, or demoted, the provisions of this rule regarding separations apply.3.4.3. Any incumbent in a reclassified position has the right to appeal. After filing with the Division, a written request for reconsideration, the employee and agency head shall be given a reasonable opportunity to be heard by the Division.3.5. Position Reallocation. -- Whenever significant changes occur in the duties and responsibilities permanently assigned to a position, the Division shall reallocate the position to its proper class. The incumbent or the agency head may seek a reconsideration of the decision by submitting a written request to the Division within 15 working days of the notification of the decision. 3.5.1. The Division shall not reallocate a position based on temporary changes in the duties and responsibilities assigned to the position.3.5.2. When a position is reallocated to a different class, the incumbent is not eligible to continue in the position unless he or she meets the minimum qualifications for the classification. If ineligible to continue in the position, he or she may be transferred, promoted, or demoted. In any case in which the incumbent is ineligible to continue in the position, and he or she is not transferred, promoted, or demoted, the provisions of this rule regarding separations applies.3.6. Temporary Classification Upgrade. -- With the approval of the Division, an agency head may temporarily upgrade the classification of an employee temporarily performing the duties of a position in a higher compensation range due to a separation or an extended leave of absence, for a short-term project, or in an emergency situation.3.6.1. A temporary classification upgrade, except for classes allocated to the approved hourly pay schedule, shall be for a continuous period of no less than 30 days and no more than six months.3.6.2. Classified-exempt employees may only be upgraded within the classified exempt service. A classified employee may serve in an acting capacity on a temporary basis in an exempt or appointive position without loss of his or her classified status.3.6.3. The Division, at its discretion, may extend the period of a temporary classification upgrade upon written request from the agency head justifying the need for the extension.3.6.4. Employees in the classified service approved for temporary upgrade to a classified position must be permanent employees and meet the minimum requirements for the position to which they will be temporarily upgraded.3.7. Classification Plan for the Classified-Exempt Service. -- All positions not in the classified service, are included in a classification plan known as the classified-exempt service. 3.7.1. Upon the recommendation of the Secretary, the Division shall adopt and make effective a classification plan for the classified-exempt employees of the Department.3.7.2. Each agency head shall report to the Division the establishment of new classified-exempt positions or any material changes in the duties and responsibilities of existing positions in the classified-exempt service. The Division may at any time require the agency head to submit a statement of the duties and responsibilities of incumbents of any position in the classified-exempt service.3.7.3. The Division shall allocate classified-exempt positions in the same manner as classified positions.3.7.4. An agency head may request names of applicants for consideration for employment in the classified-exempt service. In no event shall a classified service vacancy be filled from a certification prepared for a classified-exempt service vacancy.3.7.5. When a change is made to the classified or classified-exempt status of a position, any incumbent in an allocated position has the right to appeal. After filing a written request for reconsideration with the Division, the employee and agency head shall be given a reasonable opportunity to be heard by the Division. The incumbent or the agency head may seek a reconsideration of the decision by submitting a written request to the Division within 15 working days from the notification of the decision.