8-30-311 - Filling vacancies by reinstatement.
8-30-311. Filling vacancies by reinstatement.
An appointing authority, with the approval of the commissioner, may fill a vacancy by reinstating any person, who was a regular employee and who resigned in good standing, to a position in the same class as the position which such person held as a regular employee. If such person held a position in that class for less than five (5) years, such person shall not be reinstated if more than three (3) years have lapsed since the resignation. If a person resigned in good standing from state employment in order to serve in a full-time, elected, constitutional county office and served in such office for a period of at least ten (10) years, such person shall be eligible for reinstatement pursuant to this section, notwithstanding the number of years that person held a position in the same class or the number of years that have elapsed since the resignation. No person shall be reinstated to any position, however, unless the commissioner certifies that such person is qualified to perform the duties of that position.
[Acts 1939, ch. 221, § 25; C. Supp. 1950, § 1034.47 (Williams, § 423.24y); impl. am. Acts 1959, ch. 9, § 4; impl. am. Acts 1961, ch. 97, §§ 2, 4; T.C.A. (orig. ed.), § 8-3211; Acts 1993, ch. 496, § 1.]