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18A.175 Evaluation of duties of division directors or heads -- Procedure when duties have become policy making.

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18A.175 Evaluation of duties of division directors or heads -- Procedure when duties have become policy making. The responsible departmental, board, commission or agency head shall periodically <br>evaluate the duties of those division directors or heads placed under the classified service <br>pursuant to the provisions of KRS 18A.170, and shall determine whether the duties of <br>such directors or heads have become policy making in their nature. If it is determined <br>that the duties of such directors and heads are policy making, the responsible agency head <br>shall certify that fact to the board. At the time of certification, notice thereof shall be <br>given to the interested division director or head in a form of a copy of the statement <br>certifying the policy making duties of his office. The board may conduct such hearings as <br>it may deem necessary, and shall conduct hearings pursuant to the administrative <br>provisions of KRS 18A.095 in the event of a difference of opinion between the certifying <br>officer and the interested division director or head, before entering its findings of fact and <br>an order either removing the position from the classified service or retaining it within the <br>classified service. Either the certifying officer or the division director or head may appeal <br>the findings of fact and the final order of the board by initiating action in the Franklin <br>Circuit Court pursuant to the provisions of KRS Chapter 418. Effective: July 15, 1982 <br>History: Repealed, reenacted, and amended as KRS 18A.175, 1982 Ky. Acts ch. 448, sec. 35, effective July 15, 1982. -- Created 1976 Ky. Acts ch. 6, sec. 3, effective <br>March 3, 1976. Formerly codified as KRS 18.155.