Alaska Administrative Code › Title 2 - Administration › Chapter 07 - Personnel Rules › Article 5 - Appointments › 2 AAC 07.235 - Nonpreferential appointment rights without public notice, including transfer and rehire

Current through May 31, 2024
(a) If not required to be filled under the
				provisions of
				2 AAC 07.226 -
				2 AAC 07.228, a vacancy may be filled without public
				notice by one of the means established in this section.
(b) An employee may be transferred within a
				department or to a different department. Any transfer that includes a change in
				location affected for the good of the service without the consent of the
				employee must be approved by the director. The intradepartmental or
				interdepartmental transfer of an employee does not change the employment status
				of the transferred employee.
(c) An
				employee who separated in good standing while holding a permanent or
				probationary appointment may be re-employed in the same job class or in a lower
				class in the same series without assessment within two years after the
				employee's date of separation.
(d)
				If the state has entered into a collective bargaining agreement that provides
				for appointment to be made under provisions of the agreement that are not
				consistent with the provisions of this section, an appointing authority may
				appoint a person under the terms of the collective bargaining
				agreement.
(e) The director may,
				solely at the director's discretion, designate job classes for which an
				appointing authority may request referrals for appointment from the Department
				of Labor and Workforce Development.
(f) If the vacancy exists because the
				position has been reallocated from another job class, an appointing authority
				may appoint the incumbent of the reallocated position to the new job class if
				the incumbent of the reallocated position meets the minimum qualifications of
				the new job class. The provisions of this subsection do not limit the
				appointing authority from filling the position through other means authorized
				in this section.
(g) An appointing
				authority may appoint a person who has a severe disability, as determined by
				the director of vocational rehabilitation, to a job class for which the person
				meets the minimum qualifications in provisional status for a period not to
				exceed four months within a 12-month period.
(h) If in the best interest of the state, and
				at the director's sole discretion, a current or former state employee who is
				receiving workers' compensation benefits, who is receiving disability
				retirement benefits or who has applied for disability retirement benefits,
				relating to their state employment, may be placed in a position in a job class
				for which the individual meets the minimum qualifications and is capable of
				performing the essential functions of the position.
(i) As authorized by
				AS
				39.25.195(b), in appropriate
				circumstances, the director may waive the requirement of using the public
				announcement process of
				2 AAC 07.056 in filling non-permanent
				positions.
Even though the changes to
					 2 AAC 07.235 were effective 6/4/2004, they were not
					 published until Register 175, Oct.
					 2005.
Authority:
AS
					 39.25.070
AS 39.25.140
AS 39.25.150
AS
					 39.25.195