reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter A - COVERED AND UNCOVERED EMPLOYEES › Article 6 - LEAVE › Part D - LEAVE THAT COULD BE EITHER PAID OR UNPAID › Section R2-5A-D602 - Industrial Leave

Current through Register Vol. 30, No. 28, July 12, 2024
A. Use of leave.
1. An agency head shall place an employee who
					 sustains a job-related illness or injury that is compensable under the Workers'
					 Compensation Law, A.R.S. Title 23, Chapter 6 on sick leave.
2. If an employee who is on leave under the
					 Worker's Compensation laws meets Family and Medical Leave Act (FMLA)
					 eligibility requirements and the leave qualifies for FMLA leave, an agency head
					 shall count it as FMLA leave. An agency head shall apply industrial leave and
					 FMLA concurrently.
3. An employee
					 shall use leave in an amount necessary to receive total payments (leave
					 payments plus Workers' Compensation payments) that do not exceed the gross
					 salary of the employee.
4. If an
					 employee exhausts all sick leave, compensatory leave and annual leave, an
					 agency head shall place the employee on leave without pay.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter A - COVERED AND UNCOVERED EMPLOYEES › Article 6 - LEAVE › Part D - LEAVE THAT COULD BE EITHER PAID OR UNPAID › Section R2-5A-D603 - Military Leave

Current through Register Vol. 30, No. 28, July 12, 2024
An employee who requests absence with pay on military
						leave under A.R.S. §
											26-168,
						26-171,
						or
						38-610
						shall submit a copy of the orders for duty with the request for military leave.
						An employee may be absent with pay for military purposes for up to thirty days
						in any two consecutive federal fiscal years. All state agencies are responsible
						for complying with the federal Uniformed Services Employment and Reemployment
						Rights Act (USERRA) of 1994 and all applicable revisions. USERRA Regulations,
						20 CFR
						1002.1 through
						20
						CFR 1002.314 (April 2012), are incorporated
						by this reference and on file with the Department and available from the U.S.
						Government Printing Office, 732 North Capitol Street N.W., Washington, D.C.
						20401. This incorporation by reference contains no future editions or
						amendments.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter A - COVERED AND UNCOVERED EMPLOYEES › Article 6 - LEAVE › Part D - LEAVE THAT COULD BE EITHER PAID OR UNPAID › Section R2-5A-D604 - Victim Leave

Current through Register Vol. 30, No. 28, July 12, 2024
An employee who is a victim of a juvenile offense or a
						crime and who requests absence from work to attend court-related proceedings
						under A.R.S. §
											8-420
						or
						13-4439
						shall submit a copy of the form provided to the employee by the law enforcement
						agency or a copy of the information the law enforcement agency provided to the
						employee with the request for victim leave. An employee shall use the
						employee's available sick leave, compensatory leave or annual leave for such
						absence. If an employee exhausts all sick leave, compensatory leave and annual
						leave, an agency head shall place the employee on leave without
						pay.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter A - COVERED AND UNCOVERED EMPLOYEES › Article 7 - PERFORMANCE MANAGEMENT › Section R2-5A-701 - General

Current through Register Vol. 30, No. 28, July 12, 2024
A. Performance
				  management system. The Director shall establish a performance management system
				  to evaluate the job performance of state employees. The performance management
				  system established by the Director shall contain performance rating levels and
				  shall contain numerical points to apply to each performance rating level
				  established.
B. Administration. The
				  Director shall develop an administrative manual and training on the performance
				  management system.
C. Exceptions.
				  The performance management system may be used:
1. As determined by the appointing authority
				  for the agency head, to evaluate the job performance of the agency
				  head.
2. As determined by the
				  agency head, to evaluate the job performance of:
a. Each deputy director, or equivalent, of
				  the agency.
b. Each assistant
				  director, or equivalent, of the agency.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter A - COVERED AND UNCOVERED EMPLOYEES › Article 7 - PERFORMANCE MANAGEMENT › Section R2-5A-702 - Performance Management Process

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				  Performance plan. For the purposes of this subsection, "performance plan" means
				  a document prepared by an employee's supervisor that outlines what is expected
				  of the employee and how the employee's performance will be measured. Subject to
				  review by agency management, a supervisor:
1.
				  Shall administer a performance plan for each employee within 30 days of
				  becoming the employee's supervisor.
2. May modify a performance plan at any time
				  during a performance period.
3.
				  Shall modify a performance plan when significant responsibilities or
				  expectations are added to or removed from a position.
4. Shall notify the affected employee of any
				  modifications made to a performance plan under subsection (A)(2) or
				  (3).
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter A - COVERED AND UNCOVERED EMPLOYEES › Article 8 - DISCIPLINARY ACTIONS › Section R2-5A-801 - General

Current through Register Vol. 30, No. 28, July 12, 2024
A. Authority. An
				  agency head has the primary authority and responsibility for managing the
				  conduct of all employees within an agency. A covered employee may be
				  disciplined only for cause. An agency head shall discipline a covered employee
				  in accordance with this Article and the rules in Subchapter B of this Chapter.
				  An uncovered employee serves at the pleasure of the appointing authority and
				  may be dismissed at will. Except for an employee who is in a position listed in
				  A.R.S. §
										41-742(F),
				  any action that involves a suspension greater than 80 working hours, an
				  involuntary demotion, or a dismissal requires review by the Director prior to
				  the agency head administering such action.
B. Level of discipline.
1. If an agency head deems it necessary to
				  discipline an employee, the agency head may determine the level of discipline
				  to be imposed, up to and including dismissal, subject to review by the
				  Director, if applicable.
2. In
				  determining the level of discipline to be imposed, the agency head may consider
				  the following factors:
a. Consistent
				  application of rules and standards,
i. Unless
				  otherwise prescribed by statute, the agency head need only consider those cases
				  decided under the administration of the current agency head. Decisions in cases
				  prior to the administration of the current agency head are not binding upon the
				  current agency head and are not relevant in determining consistent application
				  of rules and standards.
ii. In
				  determining consistent application of rules and standards, the disciplinary
				  actions imposed by one agency may not be binding upon any other agency and may
				  not be used for comparison purposes in hearings wherein the consistent
				  application of rules and standards is at issue.
b. Prior knowledge of rules and
				  standards,
c. The severity of the
				  infraction,
d. The repeated nature
				  of violations,
e. Prior corrective
				  or disciplinary actions,
f.
				  Previous oral discussions,
g. The
				  employee's past work record,
h. The
				  effect on agency operations,
i. The
				  potential of the violations for causing damage to persons or
				  property.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter A - COVERED AND UNCOVERED EMPLOYEES › Article 8 - DISCIPLINARY ACTIONS › Section R2-5A-802 - Procedures for Review by the Director

Current through Register Vol. 30, No. 28, July 12, 2024
A. Prior to administering any action
				  requiring review by the Director, the agency head shall submit the proposed
				  letter to the Director prior to the date the agency head intends to issue the
				  letter to the employee.
B. The
				  Director shall review the agency head's proposed action and provide
				  notification of concurrence or recommend modification to the proposed
				  action.
C. When the agency head
				  administers the action to an employee, the agency head shall also send a copy
				  of the employee's letter to the Director. If the agency head determines that no
				  action will be taken, the agency head shall notify the Director.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter A - COVERED AND UNCOVERED EMPLOYEES › Article 8 - DISCIPLINARY ACTIONS › Section R2-5A-803 - Employee Request for Review of Disciplinary Action

Current through Register Vol. 30, No. 28, July 12, 2024
A. A covered employee who is issued a
				  disciplinary action may have grievance or appeal rights, as
				  applicable.
B. An uncovered
				  employee does not have grievance rights or the right of appeal to a state merit
				  board or council.
C. A covered
				  employee who files a complaint on a disciplinary action alleging discrimination
				  or harassment is precluded from also filing a grievance through the agency's
				  grievance procedure on the same disciplinary action that is the subject of the
				  employee's complaint.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter A - COVERED AND UNCOVERED EMPLOYEES › Article 9 - COMPLAINTS › Section R2-5A-901 - Complaint System

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				  General. Each agency head shall:
1. Adopt a
				  procedure to address employee complaints concerning discrimination or
				  harassment in compliance with this rule.
2. Designate an employee of the agency to
				  serve as the agency's complaint coordinator, who shall be responsible for
				  receiving complaints, determining applicability under the complaint system,
				  investigating or assigning the complaint to the appropriate individual within
				  the agency for review or investigation, and tracking the processing of
				  complaints.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter A - COVERED AND UNCOVERED EMPLOYEES › Article 9 - COMPLAINTS › Section R2-5A-902 - Complaint Procedures

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				  Content. Each agency complaint procedure shall include as a minimum that:
1. The agency head be notified of all verbal
				  or written complaints of discrimination or harassment reported by an employee
				  immediately upon receipt of a complaint.
2. Employees who are told or otherwise become
				  aware that discrimination or harassment is occurring must immediately report
				  the allegation or complaint to the agency's complaint coordinator.
3. The complaint include all facts and
				  circumstances involved in the alleged violation, including:
a. Description of the incident(s),
b. Name(s) of individual(s)
				  involved,
c. Name(s) of
				  witness(es),
d. The date(s) the
				  discrimination or harassment occurred (if known),
e. Resolution sought,
f. Federal or state law alleged to have been
				  violated.
4. The agency
				  complaint coordinator shall acknowledge receipt of the complaint in writing to
				  the complainant not later than five business days after receipt of the written
				  complaint.
5. The agency complaint
				  coordinator shall initiate an investigation into the alleged complaint or
				  assign the complaint to the appropriate individual within the agency for review
				  or investigation within 10 business days and the review or investigation shall
				  be completed within 60 business days of receipt of the written complaint. If
				  extenuating circumstances exist, an extension shall be requested through the
				  agency complaint coordinator.
6.
				  Barring resolution of the complaint by agreement of the parties, the agency
				  complaint coordinator shall forward a written recommendation to the agency
				  head, or designee, within 10 business days of completion of the review or
				  investigation.
7. The agency head,
				  or designee, shall review the findings and recommendations and issue a decision
				  in writing to the complainant.
8. A
				  statement advising that retaliation against an employee for filing a complaint
				  in good faith will not be tolerated or permitted.
9. A statement specifying that a grievance
				  filed by a covered employee under R2-5B-403 that includes an allegation of
				  discrimination or harassment shall be reviewed or investigated under the
				  provisions of this Article, and not the grievance system.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter A - COVERED AND UNCOVERED EMPLOYEES › Article 10 - SEPARATIONS › Section R2-5A-1001 - Voluntary Separation

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				  Resignation. An employee may terminate employment with the state by submitting
				  a written resignation to the agency head. An employee should submit a
				  resignation at least 10 business days prior to the effective date of the
				  resignation. If an employee resigns orally, the agency head shall confirm the
				  resignation in writing. An agency head may refuse to accept a resignation and
				  separate the employee pursuant to R2-5A-1002.
B. Job abandonment. An agency head may
				  consider an employee to have voluntarily resigned from employment with the
				  agency when the employee is absent from duty for three consecutive workdays or
				  equivalent without proper authorization.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter A - COVERED AND UNCOVERED EMPLOYEES › Article 10 - SEPARATIONS › Section R2-5A-1002 - Involuntary Separation

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				  General. An agency head may terminate an employee as deemed necessary to meet
				  the needs of the agency and in keeping with federal and state laws and
				  regulations. A covered employee may be dismissed only for cause. An agency head
				  shall dismiss a covered employee in accordance with Article 8 and the rules in
				  Subchapter B of this Chapter.
B.
				  Staff reduction. At times, a staff reduction is necessary due to lack of work,
				  lack of funds, economic slowdowns, technological or structural changes in the
				  agency's operations, or because a staff reduction is determined to be necessary
				  to ensure the financial health and viability of the agency.
1. Except for an employee who is in a
				  position listed in A.R.S. §
											41-742(F),
				  a staff reduction of an uncovered employee requires review by the Director
				  prior to the agency head administering such action.
2. An agency head shall conduct staff
				  reductions of covered employees in accordance with Subchapter B, Article 6,
				  Reduction in Force.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter B - COVERED EMPLOYEES › Article 1 - GENERAL › Section R2-5B-101 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
In addition to the definitions provided in Subchapter A of
					 this Chapter, the following definitions apply to this Subchapter:
"Limited appointment employee" means an employee who,
					 before September 29, 2012, was subject to the provisions of A.R.S. Title 41,
					 Chapter 4, Articles 5 and 6 that were in effect before September 29, 2012, was
					 appointed to a position that was based on the duration of funding, and was not
					 eligible to acquire reduction in force rights.
"Original probationary period" means the specified period
					 following initial appointment to covered service. A.R.S. §
										41-741(10)
"Permanent status" means the standing a covered employee
					 achieves after the completion of an original probation or a promotional
					 probation.
"Probationary period" means a working test period of
					 employment in a covered service position for evaluation of the employee's work.
					 A.R.S. §
										41-741(11)
"Promotional probation" means the specified period of
					 employment following promotion of a permanent status employee to another
					 covered position that has a higher pay grade. A.R.S. §
										41-741(12)
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter B - COVERED EMPLOYEES › Article 1 - GENERAL › Section R2-5B-102 - Applicability

Current through Register Vol. 30, No. 28, July 12, 2024
A. The rules in
				  this Subchapter are applicable to covered positions, applicants for covered
				  positions and covered employees in the State Personnel System.
B. Covered service is limited to the
				  following:
1. An employee who was in the
				  state service as either a probationary or permanent status employee, was not
				  required to become at will uncovered in accordance with A.R.S. Title 41,
				  Chapter 4, Article 4, and who does not:
a.
				  Voluntarily elect to become uncovered at will.
b. Voluntarily accept a change in assignment
				  to a position in the uncovered service .
c. Have a break in service.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter B - COVERED EMPLOYEES › Article 2 - EMPLOYMENT STATUS › Section R2-5B-201 - Applicability

Current through Register Vol. 30, No. 28, July 12, 2024
The rules under this Article are applicable only to
					 positions in the covered service and covered employees.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter B - COVERED EMPLOYEES › Article 2 - EMPLOYMENT STATUS › Section R2-5B-202 - Original Probation

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				  General. A new employee hired into a position in the covered service shall
				  serve an original probation period of one year.
B. Extension of probation.
1. An agency head may extend an employee's
				  original probation up to six additional months for employment-related
				  reasons.
2. The probationary period
				  shall be extended for any period for which a probationary employee is on leave
				  without pay for more than 80 consecutive working hours. If original probation
				  is extended for this reason, the employee's probation may exceed 18
				  months.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter B - COVERED EMPLOYEES › Article 2 - EMPLOYMENT STATUS › Section R2-5B-203 - Promotional Probation

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				  General. A permanent-status employee who is promoted to a position in the
				  covered service shall serve a promotional probation period of six
				  months.
B. Extension of probation.
1. An agency head may extend an employee's
				  promotional probation up to six additional months for employment-related
				  reasons.
2. The probationary period
				  shall be extended for any period for which a probationary employee is on leave
				  without pay for more than 80 consecutive working hours. If promotional
				  probation is extended for this reason, the employee's probation may exceed one
				  year.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter B - COVERED EMPLOYEES › Article 2 - EMPLOYMENT STATUS › Section R2-5B-204 - Permanent Status

Current through Register Vol. 30, No. 28, July 12, 2024
A covered employee who has successfully completed the
					 employee's probationary period shall attain permanent status in the
					 position.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter B - COVERED EMPLOYEES › Article 2 - EMPLOYMENT STATUS › Section R2-5B-205 - Change from Covered to Uncovered Service

Current through Register Vol. 30, No. 28, July 12, 2024
A. Voluntary election. A covered employee may
				  voluntarily elect to become an at will uncovered employee without a change in
				  assignment. Such an election is subject to the approval of the head of the
				  employing agency and the Director. If approved, the effective date of the
				  employee's change to uncovered service shall be the first day of the pay period
				  immediately following the Director's approval.
B. Change in assignment. Except for a special
				  assignment, a covered employee who voluntarily accepts a change in assignment
				  to a position that is not in the covered service, regardless of whether the
				  voluntary change in assignment is a promotion, demotion, or lateral transfer,
				  is an at will uncovered employee. The effective date of the employee's change
				  to uncovered service shall be the same as the effective date of the change in
				  assignment. A special assignment is not a change in assignment.
C. Return to state employment. A covered
				  employee who has a break in service and returns to employment in an agency in
				  the State Personnel System in any capacity shall be an at will uncovered
				  employee, unless the appointment is to a position in the covered service.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter B - COVERED EMPLOYEES › Article 3 - DISCIPLINARY ACTIONS › Section R2-5B-301 - General

Current through Register Vol. 30, No. 28, July 12, 2024
A. Applicability.
				  The rules under this Article are applicable only to covered
				  employees.
B. Review by Director.
				  Disciplinary actions for covered employees are subject to the review
				  requirements outlined in R2-5A-801(D) and R2-5A-802.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter B - COVERED EMPLOYEES › Article 3 - DISCIPLINARY ACTIONS › Section R2-5B-302 - Reprimand

Current through Register Vol. 30, No. 28, July 12, 2024
A. Authority. An
				  agency head may issue a written reprimand to an employee for cause.
B. Reprimand Procedures. The agency head
				  shall provide the employee with a written statement of the reasons for the
				  reprimand and the employee's grievance rights.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter B - COVERED EMPLOYEES › Article 3 - DISCIPLINARY ACTIONS › Section R2-5B-303 - Suspension

Current through Register Vol. 30, No. 28, July 12, 2024
A. Authority. An
				  agency head may suspend an employee without pay for cause.
B. Limitation. Except as otherwise provided
				  by statute or rule, suspensions shall not exceed a total of 30 working days
				  during any 12-month period. The 12-month period begins with the first day of
				  the first suspension.
C.
				  Pre-suspension procedures for suspensions exceeding 80 working hours. Before an
				  employee with permanent status can be suspended for more than 80 working hours,
				  the agency head shall submit the proposed action to the Director for review as
				  prescribed in R2-5A-802, give the employee written notice of the charges, a
				  summary of the agency head's basis for the charges, and an opportunity for the
				  employee to present a written response. The employee's response shall be made
				  not later than three business days after the employee receives notice of the
				  charges, unless extended in writing by the agency head.
D. Suspension procedures. The agency head
				  shall provide the employee with a written statement of the reasons for the
				  suspension. The statement shall specify the period of suspension and the
				  employee's grievance or appeal rights.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter B - COVERED EMPLOYEES › Article 3 - DISCIPLINARY ACTIONS › Section R2-5B-304 - Involuntary Demotion

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				  Authority. An agency head may involuntarily demote a permanent status employee
				  for cause to any covered position in the employing agency, provided the
				  employee possesses the qualifications for such position.
B. Pre-demotion procedures. Before an
				  employee with permanent status can be involuntarily demoted, the agency head
				  shall submit the proposed action to the Director for review as prescribed in
				  R2-5A-802, give the employee written notice of the charges, a summary of the
				  agency head's basis for the charges, and an opportunity for the employee to
				  present a written response. The employee's response shall be made not later
				  than three business days after the employee receives notice of the charges,
				  unless extended in writing by the agency head.
C. Involuntary demotion procedures. Prior to
				  the effective date of the involuntary demotion, a written notice containing
				  specific reasons for the demotion and the employee's right of appeal shall be
				  provided to the employee and the Director.
D. Probation. Except as otherwise provided in
				  these rules, an employee who is involuntarily demoted shall not be required to
				  serve a probationary period in the position to which demoted.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter B - COVERED EMPLOYEES › Article 3 - DISCIPLINARY ACTIONS › Section R2-5B-305 - Dismissal

Current through Register Vol. 30, No. 28, July 12, 2024
A. Relief from
				  duty. Nothing in this rule shall preclude the agency head from immediately
				  placing an employee on administrative leave pending implementation of
				  procedures under this Section, but no pay shall be withheld for such
				  period.
B. Dismissal during
				  original probation. An employee on original probation may be dismissed without
				  a stated reason and without the right of appeal.
C. Pre-dismissal procedures. Before an
				  employee with permanent status can be dismissed, the agency head shall submit
				  the proposed action to the Director for review as prescribed in R2-5A-802, give
				  the employee written notice of the charges, a summary of the agency head's
				  basis for the charges, and an opportunity for the employee to present a written
				  response. The employee's response shall be made not later than three business
				  days after the employee receives notice of the charges, unless extended in
				  writing by the agency head.
D.
				  Dismissal procedures. The agency head may dismiss an employee with permanent
				  status only for cause but not before attempting to serve the employee
				  personally or by registered or certified mail, return receipt requested
				  (addressee only), with written notice of the specific reasons for dismissal in
				  sufficient detail to inform the employee of the facts, with a copy to the
				  Director. The agency head shall include a statement of the employee's right to
				  appeal.
E. Effective date of
				  dismissal. The dismissal action is not effective until one of the following
				  occurs:
1. The employee signs for receipt of
				  the dismissal letter personally served or served by mail;
2. Three business days have passed since the
				  letter was mailed to the employee; or
3. An attempt is made to personally serve the
				  dismissal letter, but the employee refuses to sign for the letter. Such attempt
				  to personally serve the letter shall be witnessed.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter B - COVERED EMPLOYEES › Article 4 - GRIEVANCES › Section R2-5B-402 - Grievance System

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				  General. Each agency that has one or more covered employees shall:
1. Adopt a grievance procedure which will
				  afford each covered employee a systematic means of resolving an employee's
				  disagreement with the receipt of a disciplinary action that is either:
a. A written reprimand, or
b. A suspension of:
i. 40 working hours or less if the employee
				  is a full authority peace officer, or
ii. 80 working hours or less if the employee
				  is a covered employee in any other capacity.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter B - COVERED EMPLOYEES › Article 4 - GRIEVANCES › Section R2-5B-403 - Grievance Procedures

Current through Register Vol. 30, No. 28, July 12, 2024
Content. The grievance procedure established in each state
					 agency shall include as a minimum:
1.
				  An initial statement that any complaint alleging unlawful discrimination or
				  unlawful harassment will be reviewed or investigated according to the
				  provisions of the separate complaint process outlined in Subchapter A, Article
				  9, and not the grievance system.
2.
				  A requirement that the grievant have an oral discussion with the immediate
				  supervisor in an attempt to resolve the employee's disagreement with the
				  disciplinary action, prior to initiating the written grievance
				  procedure.
3. A requirement that
				  the employee file the grievance in writing with the agency grievance
				  coordinator, within 10 business days after the occurrence of the action being
				  grieved. The date of occurrence of a:
a.
				  Reprimand is the date the reprimand was issued to the employee.
b. Suspension is the first day of
				  suspension.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter B - COVERED EMPLOYEES › Article 5 - APPEALS › Section R2-5B-502 - General

Current through Register Vol. 30, No. 28, July 12, 2024
A. Except for an
				  employee who is a full authority peace officer, an employee may file an appeal
				  on the receipt of a disciplinary action that is either:
1. A suspension for more than 80 working
				  hours,
2. An involuntary demotion,
				  or
3. A dismissal.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter B - COVERED EMPLOYEES › Article 5 - APPEALS › Section R2-5B-503 - Full Authority Peace Officers

Current through Register Vol. 30, No. 28, July 12, 2024
A. A full authority peace officer may file an
				  appeal on the receipt of a disciplinary action that is either:
1. A suspension for more than 40 working
				  hours,
2. An involuntary demotion,
				  or
3. A dismissal.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter B - COVERED EMPLOYEES › Article 6 - REDUCTION IN FORCE › Section R2-5B-602 - Reduction in Force Procedures

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				  General.
1. An agency head shall submit to
				  the Director a proposal to conduct a reduction in force if required for one or
				  more of the following reasons:
a. Lack of
				  funds or work,
b. Abolition of one
				  or more covered positions,
c.
				  Material change in job duties or agency organization, or
d. Introduction of a cost reduction
				  initiative.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter B - COVERED EMPLOYEES › Article 6 - REDUCTION IN FORCE › Section R2-5B-603 - Employee Request for Review

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				  An employee may request a review of the following determinations made during a
				  reduction in force:
1. Calculation of the
				  employee's retention points,
2. A
				  job offer resulting in the employee's transfer or reduction, and
3. Notification of the employee's
				  separation.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5.1 - State Personnel Board › Article 1 - GENERAL PROVISIONS › Section R2-5.1-101 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
Unless the context requires otherwise, the following
				  definitions govern in this Chapter:
1. "Agency" for purposes of appeal from a disciplinary
				  action, means an employing state entity that takes an appealable disciplinary
				  action against a covered employee in covered service as defined by A.R.S. §
									41-741.
2. "Appeal" means a written request filed with the Board by a
				  permanent covered employee in covered service seeking relief from dismissal,
				  involuntary demotion, or suspension of more than 80 working hours.
3. "Appellant" means a permanent covered employee in covered
				  service who files an appeal with the Board.
4. "Complainant" means an employee or former employee as
				  defined in A.R.S. §
									38-531 who
				  files a complaint with the Board.
5. "Complaint" means a written request for relief under
				  A.R.S. §
									38-532
				  filed with the Board by an employee or former employee .
6. "Day" means a calendar day, unless otherwise
				  stated.
7. "Deposition" means a form of discovery in which testimony
				  of a witness given under oath or affirmation and subject to cross-examination
				  is recorded in writing prior to a hearing.
8. "Hearing" means an administrative proceeding at which the
				  appellant or complainant and the respondent are given the opportunity to
				  present oral or written evidence.
9. "Hearing officer" means a person appointed by the Board,
				  including any member of the Board to act as the trier of fact.
10. "Respondent" means an agency or individual whose
				  interests are adverse to those of an appellant or complainant or who will be
				  directly affected by the Board's decision.
11. "Subpoena" means a legal document issued under authority
				  of the Board to compel the appearance of a witness at a hearing.
12. "Subpoena duces tecum" means a legal document issued
				  under authority of the Board to compel a witness to appear and to bring
				  specified documents, records, or things.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5.1 - State Personnel Board › Article 1 - GENERAL PROVISIONS › Section R2-5.1-102 - Personnel Board Procedures

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Meetings. The Board shall provide public notice of the date, time, and place of
				its monthly meetings and any special, emergency, or other meetings it deems
				necessary. The Board shall give notice as required by law.
B.Agenda. The agenda shall be mailed or
				electronically provided, as required by law, to each member of the Board, a
				state agency indicating an interest in receiving the agenda, and all parties in
				a matter scheduled for a Board meeting. The Board's failure to mail or
				electronically provide the agenda, or failure of an agency to receive the
				agenda, does not affect the validity of the meeting or of any action taken by
				the Board at the meeting.
C.
				Minutes. The Board shall record in the Board's minutes the date, time, and
				place of each meeting of the Board, names of the Board members present, all
				official acts of the Board, the votes of each Board member except when the acts
				are unanimous, and, when requested by a member, a member's dissent with the
				member's reasons. Board staff shall prepare and present the minutes for
				approval by the Board members at the next regular meeting. The Board shall
				provide copies of the approved minutes to the appellant, complainant, and
				respondent within seven days of the regular meeting at which the minutes are
				approved.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5.1 - State Personnel Board › Article 1 - GENERAL PROVISIONS › Section R2-5.1-103 - Appeal Procedures

Current through Register Vol. 30, No. 28, July 12, 2024
A.Appeal.
				A permanent status, covered employee who wishes to appeal a disciplinary action
				shall, no later than 10 business days after the effective date of the action,
				file a written appeal with the Board in accordance with A.R.S. §
									41-783.
				The appeal shall include:
1. The appellant's
				name, telephone number, address and e-mail address, if applicable;
2. The name of the agency taking the
				disciplinary action being appealed;
3. The name, telephone number, address, and
				e-mail address of the appellant's representative, if applicable;
4. specific
				response to the causes for disciplinary action upon which the appeal is based;
				and
5. The action requested of the
				Board.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5.1 - State Personnel Board › Article 1 - GENERAL PROVISIONS › Section R2-5.1-104 - Complaint Procedures

Current through Register Vol. 30, No. 28, July 12, 2024
A.Complaint. An employee or former employee
				as defined in A.R.S. §
									38-531 who
				wishes to file a complaint shall, no later than 10 calendar days after the
				effective date of the alleged prohibited personnel practice that is the subject
				of the complaint, file a written complaint with the Board in accordance with
				A.R.S. §
									38-532.
				The complaint shall include:
1. The
				complainant's name, telephone number, address, and e-mail address, if
				applicable;
2. The name, telephone
				number, address, and e-mail address of the complainant's representative, if
				applicable;
3. A concise statement of the facts constituting the
				alleged prohibited personnel practice;
4. The name of the
				agency or employee believed to have knowingly committed the prohibited
				personnel practice; and
5. The date and place
				of the alleged prohibited personnel practice.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 6 - Department of Administration - Benefit Services Division › Article 1 - GENERAL PROVISIONS › Section R2-6-101 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
In this Chapter, unless otherwise specified:
1. "Accident and health insurance," as used
				in A.R.S. Title 38, Chapter 4, Article 4, means health insurance and dental
				insurance.
2. "Agency" means a
				department, board, office, authority, commission, or other governmental budget
				unit of the state.
3. "Agency head"
				means the chief executive officer of an agency.
4. "Appeal" means a request to a plan
				provider for review of a decision made by the plan provider.
5. "Approved leave" means an employee's or
				officer's absence from assigned work that is authorized by the employee's or
				officer's supervisor.
6. "Base pay"
				means the fixed compensation paid to an employee or officer. Base pay excludes
				pay for overtime, shift differential, bonuses, special performance adjustment,
				special incentive program, or other allowance.
7. "Basic life insurance" means the amount of
				life insurance that the Department provides at no charge to an employee or
				officer.
8. "Child" means an
				individual who falls within one or more of the following categories:
a. A natural child, adopted child, stepchild,
				or foster child of an employee, officer, retiree, or former elected official
				who is younger than 26;
b. A child who is younger than 26 for whom the
				employee, officer, retiree, or former elected official has court-ordered
				guardianship;
c. A child who is younger than 26 and placed in the
				home of the employee, officer, retiree, or former elected official by court
				order pending adoption; or
d. A natural child,
				adopted child, stepchild or foster child of an employee, officer, retiree, or
				former elected official
i. Who was disabled
				as defined at
				42
				U.S.C. 1382c before the age of 26;
ii. Who continues to be disabled as defined
				at 42 U.S.C.
				1382c;
iii. Who is dependent for support and
				maintenance upon the employee, officer, retiree, or former elected official, ;
				and
iv. For whom the employee,
				officer, retiree, or former elected official had custody before the child was
				26.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 6 - Department of Administration - Benefit Services Division › Article 1 - GENERAL PROVISIONS › Section R2-6-103 - Authority of the Director

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Within the limits prescribed by law, the Director shall determine the type,
				structure, and components of the insurance plans made available by the
				Department.
B. The Director has
				authority to administer the insurance plans made available by the Department
				including:
1. Construing and interpreting
				each plan;
2. Deciding questions of
				eligibility; and
3. Determining the
				amount of and manner and time that benefits are paid.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 6 - Department of Administration - Benefit Services Division › Article 1 - GENERAL PROVISIONS › Section R2-6-105 - Times for Enrollment

Current through Register Vol. 30, No. 28, July 12, 2024
A. An
				employee, officer, retiree, or former elected official may enroll or may enroll
				an eligible dependent in one or more of the insurance plans made available by
				the Department only at the following times:
1.
				Within 31 days of becoming eligible to participate in an insurance
				plan,
2. Within 31 days of a
				qualified life event, and
3. At
				open enrollment.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 6 - Department of Administration - Benefit Services Division › Article 1 - GENERAL PROVISIONS › Section R2-6-106 - Effective Date of Coverage

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				If an individual enrolls in an insurance plan made available by the Department
				or provides notice of a qualified life event within the time specified in
				R2-6-105,
				the Department shall ensure that the insurance coverage becomes effective on
				the following dates:
1. Newly hired employee
				or officer. The date determined by the Director following submission of a
				properly completed enrollment form and supporting documentation;
2. Retiree, former elected official,
				surviving dependent, or surviving spouse. The first day of the first pay period
				following the end of active coverage or the first day of the first month
				following submission of a properly completed enrollment form and supporting
				documentation, whichever is applicable;
3. Qualified life event change other than a
				change in the number of dependents due to birth, adoption, legal placement for
				adoption, or grant of legal guardianship:
a.
				Non-university employee or officer. The first day of the first pay period
				following submission of a properly completed enrollment form and supporting
				documentation;
b. University
				employee. The date determined by the Director; and
c. Retiree, former elected official,
				surviving dependent, or surviving spouse. The first of the month following
				submission of a properly completed enrollment form and supporting
				documentation; and
4.
				Change in the number of dependents due to birth, adoption, legal placement for
				adoption, or grant of legal guardianship. On the date of birth, adoption, legal
				placement for adoption, or grant of legal guardianship if a properly completed
				enrollment form and supporting documentation are submitted.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 6 - Department of Administration - Benefit Services Division › Article 1 - GENERAL PROVISIONS › Section R2-6-107 - Termination of Coverage

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Insurance coverage of an employee or officer and the employee's or officer's
				eligible dependent terminates at 11:59 p.m. on the last day of the period for
				which an insurance premium was paid if the employee or officer ceases to be
				eligible to participate in the insurance plan.
B. Insurance coverage of an eligible
				dependent terminates at 11:59 p.m. on the last day of the month that the
				individual is an eligible dependent under this Chapter.
C. Insurance coverage of a retiree or former
				elected official terminates:
1. Automatically
				if the retiree or former elected official dies, or
2. At 11:59 p.m. on the last day of the
				period for which the last insurance premium was paid.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 6 - Department of Administration - Benefit Services Division › Article 1 - GENERAL PROVISIONS › Section R2-6-108 - COBRA

Current through Register Vol. 30, No. 28, July 12, 2024
A. When a member or
				an insured eligible dependent ceases to be eligible to participate in the
				health, dental, or vision insurance plans made available by the Department
				because of a change in the work status of the member, the Director shall inform
				the member or eligible dependent of whether the member or eligible dependent is
				eligible for coverage under COBRA.
B. When an insured eligible dependent of a
				member ceases to be eligible to participate in the health, dental, or vision
				insurance plans made available by the Department because the member dies or
				because of divorce, legal separation, or ceasing to meet the criteria for a
				child, the member or affected dependent shall provide written notice of the
				change to the Director within 60 days of the change. The Director shall inform
				the affected dependent whether the affected dependent is eligible for coverage
				under COBRA. The Department shall not make COBRA coverage available to an
				affected dependent if notice is not provided as specified in this
				subsection.
C. When an employee or
				officer ceases to be eligible for a health care flexible spending account
				because of termination of status as an employee or officer, the Director shall
				inform the former employee or officer and all qualified beneficiaries of
				whether they are eligible for coverage under COBRA.
D. The state shall not pay any of the cost
				for COBRA coverage. An individual who elects COBRA coverage shall pay all costs
				plus a small amount for administrative expenses.
E. COBRA coverage is determined by federal
				law.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 6 - Department of Administration - Benefit Services Division › Article 2 - INSURANCE PLANS › Section R2-6-201 - Insurance Plans

Current through Register Vol. 30, No. 28, July 12, 2024
A. As provided
				by law, any expenditure of public monies for an insurance plan described in
				this Chapter is contingent upon the legislature making an appropriation for the
				plan and the availability of funds.
B. The Department shall make available the
				following types of insurance plans:
1. Health
				insurance,
2. Dental
				insurance,
3. Vision
				insurance,
4. Flexible spending
				account,
5. Life insurance,
				and
6. Short-term disability
				insurance.