KRS § 18A.0751 — KY Code / Title III / Chapter 18A / Section 18A.0751
18A.0751 Personnel Board -- Regulatory authority
Status: in_force

18A.0751 Personnel Board -- Regulatory authority.

(1) The board shall promulgate comprehensive administrative regulations for the

classified service governing:

(a) Appeals by state employees;

(b) Demotion;

(c) Dismissal;

(d) Fines, suspensions, and other disciplinary measures;

(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

this section and KRS 18A.005;

(f) Promotion;

(g) Reinstatement;

(h) Transfer; and

(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,

when approved by the board, after compliance with the provisions of KRS

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

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

section.

(3) Prior to filing an administrative regulation with the Legislative Research

Commission, the board shall submit the administrative regulation to the secretary

for review:

(a) The secretary shall review the administrative regulation proposed by the board

not more than twenty (20) days after its submission to him or her;

(b) Not more than five (5) days after his review, the secretary shall submit his or

her 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

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;

(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

longer than thirty (30) working days and, in accordance with the provisions of

KRS 18A.095, for the manner of notification of the employee of the discipline

and his or her 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 excess of six (6) months for specific job classifications to the board. This

recommendation shall take the form of a proposed administrative regulation

that shall be submitted to the board for approval. The subject of the

administrative regulation shall be limited to job classifications for which an

initial probationary period in excess of six (6) months is required and shall

specify:

1. The job classification for which an initial probationary period in excess

of six (6) months is required; and

2. The specific number of months constituting the initial probationary

period for the job classification. No other administrative regulation shall

include any provision prescribing an initial probationary period in

excess of six (6) months, except as provided in KRS 18A.005. Upon

approval by the board of the proposed administrative regulation

provided for in this paragraph, the board shall file the regulation with

the Legislative 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

provided by this chapter, vacancies shall be filled by promotion whenever

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,

and salary ranges as provided by the provisions of KRS 18A.113;

(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 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

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.