§ 36-3-3 - Definitions.
SECTION 36-3-3
§ 36-3-3 Definitions. – The following terms, when used in this chapter and chapter 4 of this title,shall have the following meanings unless the context clearly requires otherwise:
(1) "Appointing authority" means the person or group ofpersons having the power by virtue of the constitution, a state statute, orlawfully delegated authority to make appointments.
(2) "Appropriate list" means any employment list, promotionlist, or employment list which is declared appropriate by the personneladministrator for purposes of certification and appointment.
(3) "Classified employee" means any person holding a positionin the classified service.
(4) "Classified service" means all offices and positions oftrust or employment in the state service except those placed in theunclassified service by chapter 4 of this title or any other legislation.
(5) "Department" means the department of administration.
(6) "Director" means the director of the department ofadministration.
(7) "Disabled veteran" means any war veteran who is anexaminee and who is certified by the veterans administration to be physicallydisabled, as a result of a service connected disability, with a disabilityrating of zero percent (0%) or more.
(8) "Division" means the division of personnel administration.
(9) "Employee" means any person holding a position subject toappointment by an appointing authority.
(10) "Employment list" means a list of names of personsarranged in the order of their ratings who have been found qualified throughsuitable tests, and who are entitled to have their names certified toappointing authorities for original appointment under the provisions of chapter4 of this title and rules.
(11) "Personnel administration" means the legal framework ofthe state government personnel system, i.e., statutes, rules, and policies.
(12) "Personnel administrator" means the head of the division.
(13) "Personnel management" means the powers and duties ofthe personnel administrator as set forth in this chapter and chapter 4 of thistitle.
(14) "Position" means any office or place of employment inthe state service.
(15) "Promotion list" means a list of names of classifiedemployees arranged in order of their ratings, who have been found qualifiedthrough suitable tests for promotion to positions in other classes under theprovisions of chapter 4 of this title and rules.
(16) "Provisional status" means:
(i) the status of an appointee who has completed one year ofservice in a position for which no suitable list has been established; or
(ii) the status of an appointee on leave from a position inwhich he or she holds permanent status to accept a higher position for which nosuitable list has been established.
(17) "Public hearing" means an opportunity given after publicnotice of at least five (5) calendar days for any citizen or party to appearand be heard on the matter involved.
(18) "Reemployment list" means a list of names of persons whohave occupied positions in the classified service, who have been separated froma position in the classified service, and who are entitled to have their namescertified to appointing authorities under the provisions of chapter 4 of thistitle and rules.
(19) "State service" means all offices and positions of trustor employment in the service of the state.
(20) "Temporary status" means the status of an appointee whohas not acquired provisional, probationary, or permanent status in the positionheld.
(21) "War veteran" or "veteran" means any person, male orfemale, who was employed as an officer, member of the enlisted personnel orotherwise in the active military or naval service of the United States or ofany auxiliary unit of the military or naval service, except civilian employees,during the Spanish American War, the Philippine Insurrection, the China ReliefExpedition or at some time during the period between April 6, 1917, andNovember 11, 1918, or the period between December 7, 1941, and December 31,1946, or who was engaged in the active conduct of and/or fighting in the Koreancampaign (active conduct of and/or fighting in the Korean Campaign, shall meanservice by any man or woman of the armed forces of the United States betweenJune 27, 1950, and January 31, 1955), or the conflict in Vietnam (activeconduct of and/or fighting in the conflict in Vietnam shall mean service by anyman or woman of the armed forces of the United States between August 5, 1964,and May 7, 1975), and who served for at least six (6) months and one day;provided, however, that the definition shall not include any person who hasbeen separated from employment of service, except through honorable discharge,if the reason for the separation shall be deemed by the personnel administratorto be sufficient cause to deny inclusion.