reglab/housing_qa huggingface dataset:
TN Code § 8-30-108 (2021)
2021 Tennessee Code|Title 8 - Public Officers and Employees|Chapter 30 - State Service|Part 1 - General Provisions|§ 8-30-108. Board of Appeals

  There is created and established in the department of human resources a board of appeals. The board shall be comprised of a minimum of nine (9) members and a maximum of eighteen (18) members, in the discretion of the commissioner.   The members of the board of appeals shall be citizens of the state. No member of the board of appeals shall be a member of any state or national committee of a political party or shall hold or be a candidate for any public office.    The governor shall appoint the members of the board of appeals from the public at large, and shall strive to appoint members that reflect the geographic, racial, and gender diversity of the state population.    Members appointed pursuant to Chapter 800 of the Public Acts of 2012, and serving on March 1, 2014, shall continue to serve until the expiration of such members' terms and, thereafter, persons shall be appointed in accordance with subsection (a) for a term ending six (6) years from the date of the expiration of the term for which the members' predecessors were appointed.   If the commissioner determines that additional members shall be appointed to serve on the board in accordance with Chapter 689 of the Public Acts of 2014, then the governor shall appoint such members to serve initial terms of six (6) years. Thereafter, such members shall be appointed for a term ending six (6) years from the date of the expiration of the term for which the member's predecessor was appointed.     A person appointed to fill a vacancy occurring prior to the expiration of such term shall, however, be appointed for only the remainder of the unexpired term.   The governor may remove a member of the board of appeals for cause. Removal for cause may include, but is not limited to, three (3) consecutive absences from a meeting of the board of appeals.     The commissioner shall establish the compensation for the members of the board of appeals. The members shall be entitled to reimbursement for reasonable necessary travel expenses in accordance with the state comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter.   The board of appeals shall elect one (1) of its members as chair. The board of appeals shall meet at least once every three (3) months and at such other times as shall be specified by call of the chair, the commissioner of human resources, or the governor. Notice of each meeting shall be given in writing to each member by the commissioner, and such notice shall specify the place and the time of the meeting. Three (3) members shall constitute a quorum.   In addition to the duties expressly imposed upon the board of appeals elsewhere in this chapter, the board of appeals shall have jurisdiction to hear appeals brought pursuant to this chapter and regulations promulgated pursuant thereto. The board of appeals shall also be the final step in the appeals procedure provided for preferred service employees.
TN Code § 8-30-201 (2021)
2021 Tennessee Code|Title 8 - Public Officers and Employees|Chapter 30 - State Service|Part 2 - Preferred and Executive Service|§ 8-30-201. Division of State Service Into Preferred Service and Executive Service

 State service is divided into the preferred service and executive service.
TN Code § 8-30-202 (2021)
2021 Tennessee Code|Title 8 - Public Officers and Employees|Chapter 30 - State Service|Part 2 - Preferred and Executive Service|§ 8-30-202. Executive Service Positions — Preferred Service Positions — Determination of Equivalent Positions

  The following positions shall be executive service positions:  Any officer or employee appointed by the governor and all positions in the governor's office;   Any deputy commissioner or equivalent authority in each department or state agency;   Any assistant commissioner or equivalent authority in each department or state agency;   Wardens and directors of correctional facilities identified in title 41 and chief officers of mental health institutes or developmental centers identified in title 33;   The head of a division or major unit within a state agency or a regional director or manager for a state agency, regardless of the title of the position, who, as a substantial part of the position's duties, provides meaningful input on:  The development of policy goals; or   The implementation of policy;     The highest ranking employee of a state agency who has a primary responsibility for one (1) or more of the following functions:  Public information and legislative affairs;   Fiscal, budget and audit matters;   Security or internal affairs;   Information technology systems; and   Human resources;     A clinical director, medical director, or other licensed physician;   A licensed attorney engaged in the practice of law and representing the state in such capacity;   Any position serving in a confidential capacity to a commissioner, deputy commissioner, assistant commissioner or equivalent authority; and   An employee of the department of mental health and substance abuse services who is a psychiatric hospital assistant superintendent, psychiatric hospital administrator, or psychiatric hospital nurse executive.     An employee in the executive service is an employee at will and serves at the pleasure of the employee's appointing authority.   All other full-time positions in state service shall be in the preferred service.   An employee becomes a member of the preferred service upon successful completion of the probationary period under this chapter.   Preferred service employees include any commissioned member of the department of safety, below the rank of captain, serving in the capacity of executive security, who has been so certified by the commissioner of safety to the commissioner of human resources.   The commissioner shall determine equivalent levels for the purpose of assigning positions not specifically addressed in subsection (a) to the preferred or executive service. Such determination may be based on duties, responsibilities and reporting relationships and shall not be subject to review through any procedure. However, within any department, implementation of this provision shall not jeopardize federal funding resources.
TN Code § 8-30-203 (2021)
2021 Tennessee Code|Title 8 - Public Officers and Employees|Chapter 30 - State Service|Part 2 - Preferred and Executive Service|§ 8-30-203. Determination of Authority, Duties and Responsibilities of State Preferred Service Positions — Classification Plan — Role of Commissioner — Statement of Minimum Qualifications — Upgrades in Classification Plan

  The commissioner, after consulting with appointing authorities and other qualified authorities, shall determine, or cause to be determined, the authority, duties, and responsibilities of all positions in the state preferred service.   The commissioner shall prepare a classification plan that groups all positions in the preferred service in classes, based on the authority, duties, and responsibilities of each position. The classification plan must set forth, for each class of positions, the class title and a statement of the authority, duties, and responsibilities of the class. Each class of positions may be subdivided, and classes may be grouped and ranked in such manner as the commissioner considers appropriate.   The commissioner shall periodically:  Review the positions in the state preferred service; and   Reallocate the positions to the proper classes based on the duties and responsibilities of the positions at the time of the review under subdivision (c)(1).     The commissioner shall also prepare a statement of minimum qualifications for each class of positions in the preferred service.   When any position classification is upgraded in the classification plan, all employees in that position classification shall receive any necessary salary adjustment so that the employee's salary does not fall below the minimum range of the classification.
TN Code § 8-30-204 (2021)
2021 Tennessee Code|Title 8 - Public Officers and Employees|Chapter 30 - State Service|Part 2 - Preferred and Executive Service|§ 8-30-204. Commissioner Approval for Establishing New Preferred Service Position or Making Material Change

 Before establishing a new position in the preferred service or making a material change in the authority, duties, or responsibilities of a position in such service, an appointing authority shall receive approval from the commissioner in writing.
TN Code § 8-30-205 (2021)
2021 Tennessee Code|Title 8 - Public Officers and Employees|Chapter 30 - State Service|Part 2 - Preferred and Executive Service|§ 8-30-205. Changes in Classification Plan

 The commissioner may, at any time, allocate any new position to a class, or change the allocation of any position to a class, or make changes in the classification plan. If any change is made in the classification plan by which a class of positions is divided, altered, or abolished, or the classes are combined, the commissioner shall reallocate the positions and/or the affected employee to the appropriate class.
TN Code § 8-30-206 (2021)
2021 Tennessee Code|Title 8 - Public Officers and Employees|Chapter 30 - State Service|Part 2 - Preferred and Executive Service|§ 8-30-206. Approval Required for Classification Title — Use of Working Job Titles

 No person shall be appointed to or employed in a position in the preferred service under a classification title that has not been approved by the commissioner as appropriate to the duties to be performed. Nothing in this section prohibits the use of working job titles assigned by the appointing authority.
TN Code § 8-30-208 (2021)
2021 Tennessee Code|Title 8 - Public Officers and Employees|Chapter 30 - State Service|Part 2 - Preferred and Executive Service|§ 8-30-208. State Compensatory Time

 The commissioner shall establish guidelines for the accumulation and use of state compensatory time not governed by the Fair Labor Standards Act (2 U.S.C. § 1313, et seq.). Employees who accumulate the maximum number of hours of state compensatory time or more shall be paid for each additional hour of overtime worked based on that employee’s hourly wage. Payment shall be made at the end of each pay period for eligible hours accumulated during the previous pay period.
TN Code § 8-30-209 (2021)
2021 Tennessee Code|Title 8 - Public Officers and Employees|Chapter 30 - State Service|Part 2 - Preferred and Executive Service|§ 8-30-209. Assignment to Higher Level Classification — Approval — Duration — Compensation

 No preferred service employee shall be assigned to perform the majority of the duties and responsibilities of a position in a higher level classification than that of the position occupied by the employee, without the approval of the appointing authority. When an employee is so assigned, the duration of such assignment may not exceed ninety (90) days without the approval of the commissioner. The commissioner, in consultation with the commissioner of finance and administration, shall establish a procedure under which an employee who is assigned to perform the majority of the duties and responsibilities of a higher level classification for a period in excess of ninety (90) days shall receive additional compensation for such assignment.
TN Code § 8-30-210 (2021)
2021 Tennessee Code|Title 8 - Public Officers and Employees|Chapter 30 - State Service|Part 2 - Preferred and Executive Service|§ 8-30-210. Certification of Payroll Voucher or Account

  No employee may receive payment, unless the commissioner or the commissioner's agent has certified that the employee has been appointed and employed in accordance with this chapter and the rules, regulations and orders issued thereunder.   If the commissioner wrongfully withholds certification of the payroll voucher or account of any employee, the employee may maintain a proceeding in a court of record to compel the commissioner to certify such payroll voucher or account.
TN Code § 8-30-211 (2021)
2021 Tennessee Code|Title 8 - Public Officers and Employees|Chapter 30 - State Service|Part 2 - Preferred and Executive Service|§ 8-30-211. Recovery of Moneys Unlawfully Paid

  The commissioner may bring an action to recover any sum paid contrary to any provision of this chapter or of any rule, regulation or order thereunder from:  Any employee who made, approved or authorized such payment or who signed or countersigned a voucher, payroll, check or warrant for such payment;   The sureties on the official bond of any such officer; or   Any employee who incorrectly or improperly received any payment from the state.     All moneys recovered in any such action shall be paid into the state treasury.
TN Code § 8-30-301 (2021)
2021 Tennessee Code|Title 8 - Public Officers and Employees|Chapter 30 - State Service|Part 3 - State Employment|§ 8-30-301. Commissioner’s Duties to Inform Prospective Applicants — Hiring Requirements — Assessments Confidential

  The commissioner shall inform prospective applicants for state employment of the process for obtaining state employment.   The commissioner shall give public notice of a job opening at least one (1) week prior to the closing of the application period.   The commissioner shall include the duties of, and pay for, the position or the class, the qualifications required for such position, and any other information that the commissioner considers pertinent and useful. The notice shall also state the requisite assessment method.   All assessments administered by the department, the total bank of questions from which such assessments were developed and the answers thereto shall be confidential and shall not be public records or state records open for public inspection in accordance with § 10-7-503.
TN Code § 8-30-302 (2021)
2021 Tennessee Code|Title 8 - Public Officers and Employees|Chapter 30 - State Service|Part 3 - State Employment|§ 8-30-302. Reassignment of Executive Service Position to Preferred Service — Commissioner Certification of Minimum Qualifications

  If an executive service position is reassigned to the preferred service, the incumbent employee may, within one (1) year, be given a noncompetitive assessment in a manner prescribed by the commissioner.    The commissioner shall certify whether each employee has met the minimum qualifications to retain the position. Upon certification, the employee shall be classified as a preferred service employee.   An employee who is not certified shall be dismissed from the position as soon as is practicable, but no later than sixty (60) days after certification, unless the appointing authority notifies the commissioner that the employee has rendered satisfactory service and should be retained.
TN Code § 8-30-303 (2021)
2021 Tennessee Code|Title 8 - Public Officers and Employees|Chapter 30 - State Service|Part 3 - State Employment|§ 8-30-303. Assessments to Establish Lists of Eligibles — Substitution of Working Test Period for Applicant With Disability — Written Notification of Results — Corrections of Errors in Assessment Results

   The commissioner shall, from time to time, conduct the assessments that the commissioner considers necessary for the purpose of establishing lists of eligibles.   The assessments shall be competitive and shall be designed to determine the qualifications, fitness and ability of the applicant to perform the duties of the class of positions for which a list is to be established. The assessment may consist of a written, oral, or physical exam, or a demonstration of skills, or any combination of such types. The assessment may also consist of an evaluation of education, experience, skill, ability, competency, knowledge, aptitude, capacity, character, and other qualifications as, in the judgment of the commissioner, may determine and measure the relative ability of the applicant.   No part of an assessment shall be framed to elicit information concerning the race, color, national origin, gender, age, disability, religion or creed, or political opinions or affiliations of an applicant.   An assessment may be used in lieu of an interview by the commissioner or an appointing authority to satisfy any requirements of this chapter. If an assessment is used in lieu of an interview, notice of such use may be included in the job announcement.     The commissioner may substitute a working test period in lieu of a written assessment for an applicant with a disability, who has been certified as unable to perform such a test by the department. The working test period shall not exceed one (1) year.   The commissioner shall notify each applicant in writing of the results of the assessment as soon as reasonably practicable.   A manifest error in the assessment result shall be corrected, if called to the attention of the commissioner within one (1) month after the establishment of the list of eligibles. The correction, however, shall not invalidate any appointment previously made from such list.
TN Code § 8-30-304 (2021)
2021 Tennessee Code|Title 8 - Public Officers and Employees|Chapter 30 - State Service|Part 3 - State Employment|§ 8-30-304. Rejection of Applicants — Notification of Rejection

  The commissioner may reject the application of any person for admission to an assessment or may strike the name of a person from a list, if the department determines that the applicant:  Lacks any of the required qualifications;   Is incapable of performing the essential functions of the position that the applicant is seeking;   Has been convicted of a crime rendering the applicant unsuitable for a particular position;   Has been dismissed for cause from state service;   Has made a false statement of a material fact; or   Committed or attempted to commit a fraud or deception in connection with submitting an application or attempting to secure an appointment to state service.     Any person whose name is removed from a list of eligibles for any reason shall be notified.
TN Code § 8-30-305 (2021)
2021 Tennessee Code|Title 8 - Public Officers and Employees|Chapter 30 - State Service|Part 3 - State Employment|§ 8-30-305. Establishment and Maintenance of List of Eligibles

  The commissioner shall establish and maintain a list of eligibles for the various classes of positions as the commissioner deems necessary or desirable to meet the needs of the service.   At the time a list of eligibles is established, the commissioner shall determine the period during which such list shall remain in force.   No person who is required to register for the federal draft under 50 U.S.C. Appx. § 453 shall be eligible for employment with the state of Tennessee until such person has registered for such draft.
TN Code § 8-30-306 (2021)
2021 Tennessee Code|Title 8 - Public Officers and Employees|Chapter 30 - State Service|Part 3 - State Employment|§ 8-30-306. Filling Position in Preferred Service Proposed by Appointing Authority

   Whenever an appointing authority proposes to fill a position in the preferred service, the authority shall submit to the commissioner a statement showing the position to be filled, the duties for such position, the official station, the minimum qualifications and preferred skill, abilities, competencies and knowledge of the person to be appointed.   The commissioner shall refer a list of eligibles who meet the minimum qualifications for the position.   An appointing authority must offer an invitation to interview to a minimum of three (3) applicants from the referred list of eligibles, if three (3) or more applicants are on the list. If less than three (3) applicants are on the list of eligibles, the appointing authority must invite each person on the list to interview.   Within thirty (30) days after being referred a list of eligibles, the appointing authority shall appoint one (1) of the applicants on the list of eligibles.     Upon the request of the appointing authority, the commissioner may establish employment, promotional, unit, divisional or any other list of eligibles as deemed necessary or appropriate.   If the official station of the vacancy to be filled is permanently located outside the geographic boundaries of the state, then the appointing authority may fill the vacancy without complying with subsections (a) and (b).   In applying this chapter, no person shall give any weight to political opinions or affiliation. No person holding a position in the preferred service shall solicit, directly or indirectly, or require any other person to solicit, directly or indirectly, donations or contributions for any political party, candidate, cause or purpose in order to acquire or deny a position in state service or to materially affect the retention, promotion or demotion of any employee in state service.
TN Code § 8-30-307 (2021)
2021 Tennessee Code|Title 8 - Public Officers and Employees|Chapter 30 - State Service|Part 3 - State Employment|§ 8-30-307. Invitations to Interview Candidates Who Are Armed Forces Veterans — Preference to Veterans — Spouse or Surviving Spouse of Veteran

  When invitations to interview candidates are extended, whether for appointment or promotion, and the list of eligibles includes any person who has been honorably discharged from the army, navy, air force, marine corps or coast guard or any member of the reserve components, as defined in 10 USC § 10101, who performs active federal service in the armed forces of the United States, these persons must be invited to interview.   If a veteran is on the list of eligibles, and if the minimum qualifications and the skills, abilities, competencies and knowledge of the veteran and any another applicant being interviewed for the position are equal, preference shall be given to the veteran for the position.   When invitations to interview candidates are extended, whether for appointment or promotion, the spouse or surviving spouse of a veteran must be invited to interview, if the spouse or surviving spouse is a qualified voter in Tennessee or has been a resident of this state for two (2) years preceding such person's application, and one (1) of the two (2) following circumstances exists:  As a result of such military service, the veteran suffered a one hundred percent (100%) service-connected disability or is permanently and totally disabled; or    The veteran died in the line of duty during such military service; and   The surviving spouse has not remarried since the death of the veteran.       Any appointing authority who passes over an eligible veteran and selects an eligible nonveteran shall file with the commissioner, within thirty (30) days, the reasons for so doing, which reasons will become a part of the veteran's record, but will not be made available to anyone other than the veteran, except in the discretion of the appointing authority.