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18A.0751 Personnel Board -- Regulatory authority.

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18A.0751 Personnel Board -- Regulatory authority. (1) The board shall promulgate comprehensive administrative regulations for the classified service governing: <br>(a) Appeals by state employees; <br>(b) Demotion; <br>(c) Dismissal; <br>(d) Fines, suspensions, and other disciplinary measures; <br>(e) Probation, provided that the board may not require an initial probationary period in excess of six (6) months except as provided in subsection (4)(e) of <br>this section and KRS 18A.005; (f) Promotion; <br>(g) Reinstatement; <br>(h) Transfer; and <br>(i) Employee grievances and complaints. (2) (a) These administrative regulations shall comply with the provisions of this chapter and KRS Chapter 13A, and shall have the force and effect of law, <br>when approved by the board, after compliance with the provisions of KRS <br>Chapters 13A and 18A and the procedures adopted thereunder; (b) Administrative regulations promulgated by the board shall not expand or restrict rights granted to, or duties imposed upon, employees and <br>administrative bodies by the provisions of this chapter; and (c) No administrative body, other than the personnel board, shall promulgate administrative regulations governing the subject matters specified in this <br>section. (3) Prior to filing an administrative regulation with the Legislative Research Commission, the board shall submit the administrative regulation to the secretary <br>for review: <br>(a) The secretary shall review the administrative regulation proposed by the board not more than twenty (20) days after its submission to him; (b) Not more than five (5) days after his review, the secretary shall submit his recommendations in writing to the board; (c) The board shall review the recommendations of the secretary and may revise the proposed administrative regulation as it deems necessary; and (d) After the board has completed the review provided for in this section, it may file the proposed administrative regulation with the Legislative Research <br>Commission pursuant to the provisions of KRS Chapter 13A. (4) These administrative regulations shall provide: (a) For the procedures to be utilized by the board in the conduct of hearings by the board, consistent with the provisions of KRS Chapter 13B; (b) For reduction in rank or grade as provided by this chapter; (c) For discharge, as provided by this section; <br>(d) For imposition, as disciplinary measures, of a fine of not more than ten (10) working days' pay, or for suspension from the service without pay for no <br>longer than thirty (30) working days and, in accordance with the provisions of <br>KRS 18A.095, for the manner of notification of the employee of the discipline <br>and his right of appeal; (e) No probationary period may exceed twelve (12) months, except as provided in KRS 18A.005. The secretary may recommend an initial probationary period in <br>excess of six (6) months for specific job classifications to the board. This <br>recommendation shall take the form of a proposed administrative regulation <br>that shall be submitted to the board for approval. The subject of the <br>administrative regulation shall be limited to job classifications for which an <br>initial probationary period in excess of six (6) months is required and shall <br>specify: <br>1. The job classification for which an initial probationary period in excess <br>of six (6) months is required; and 2. The specific number of months constituting the initial probationary <br>period for the job classification. No other administrative regulation shall <br>include any provision prescribing an initial probationary period in excess <br>of six (6) months, except as provided in KRS 18A.005. Upon approval <br>by the board of the proposed administrative regulation provided for in <br>this paragraph, the board shall file the regulation with the Legislative <br>Research Commission as provided by KRS Chapter 13A; (f) For promotions which shall give appropriate consideration to the applicant's qualifications, record of performance, conduct, and seniority. Except as <br>provided by this chapter, vacancies shall be filled by promotion whenever <br>practicable and in the best interest of the service; (g) For reemployment of laid-off employees in accordance with the provisions of this chapter; (h) For transfer from a position in one (1) department to a similar position in another department involving similar qualifications, duties, responsibilities, <br>and salary ranges as provided by the provisions of KRS 18A.1131(3)(a); (i) For establishment of a plan for resolving employee grievances and complaints. This plan shall not restrict rights granted employees by the provisions of this <br>chapter; (j) For promotion of career employees to positions in the unclassified service without loss of status to the individual employees so promoted, as provided by <br>this chapter; and (k) For any other administrative regulations not inconsistent with this chapter and KRS Chapter 13A as may be proper and necessary for its enforcement. Effective: July 14, 2000 <br>History: Amended 2000 Ky. Acts ch. 91, sec. 2, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 154, sec. 22, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 318, sec. 20, effective July 15, 1996. -- Amended 1988 Ky. Acts ch. 203, sec. 2, <br>effective July 25, 1988. -- Created 1986 Ky. Acts ch. 494, sec. 14, effective July 15, <br>1986.