reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.04.01 - RULES OF THE DIVISION OF HUMAN RESOURCES AND IDAHO PERSONNEL COMMISSION › Section 15.04.01.147 - VOLUNTARY DEMOTION IN LIEU OF LAYOFF

Current through August 31, 2023
Within their layoff unit, an employee with permanent status may choose to accept a voluntary demotion rather than be laid off. Demotion options are limited to a classification, or if deleted, its successor, in which the employee held permanent status in the agency. Such demotion will not be permitted if it causes the layoff of an employee with greater retention points. (3-31-22)
01.
Eligibility
. (3-31-22)
a. Qualified. Employee must meet the classification's current minimum qualifications and any minimum qualification specialties. (3-31-22)
b. Exclusion. Limited service appointees are not eligible to take any voluntary demotion that would result in the displacement of other employees. However, voluntary demotions to a vacant position are allowed with the approval of the appointing authority. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.04.01 - RULES OF THE DIVISION OF HUMAN RESOURCES AND IDAHO PERSONNEL COMMISSION › Section 15.04.01.150 - PROBATIONARY PERIODS

Current through August 31, 2023
01.
Probationary Period Required
. Except as provided in Rule  040, every appointment and promotion to a classified position is probationary. (3-31-22)
02.
Types of Probationary Periods
. The probationary period serves as a working test period to provide the agency an opportunity to evaluate a probationary employee's work performance and suitability for the position. There are three (3) types of probationary periods: (3-31-22)
a. Entrance probation is the probationary service required of an employee at the time of his original appointment or any subsequent appointment to state classified service excluding reinstatement and transfer, the duration of which is one thousand forty (1,040) hours of credited state service except for peace officers (defined in Section  19-5101, Idaho Code), who must serve two thousand eighty (2,080) hours. (3-31-22)
b. Promotional probation is the probationary service required when an employee is promoted, the duration of which is one thousand forty (1,040) hours of credited state service except for peace officers (defined in Section  19-5101, Idaho Code), who must serve two thousand eighty (2,080) hours. (3-31-22)
c. Voluntary probation is an agreement between employees and the appointing authority for interagency employment actions such as reinstatement, transfer, or voluntary demotion. A voluntary probation is not to be used for employment actions within the agency. The probationary period is negotiable but may not exceed one thousand forty (1,040) hours of credited state service except for peace officers (defined in Section  19-5101, Idaho Code), who may serve up to two thousand eighty (2,080) hours. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.04.01 - RULES OF THE DIVISION OF HUMAN RESOURCES AND IDAHO PERSONNEL COMMISSION › Section 15.04.01.151 - SATISFACTORY SERVICE

Current through August 31, 2023
When a probationary employee has satisfactorily served the probationary period hours, the employee will become permanent status. The appointing authority shall no later than thirty (30) calendar days after the expiration of the probationary period provide the employee and the Division a performance evaluation. Certification to permanent status is effective one thousand forty (1,040) hours of credited state service after appointment, except that it is effective two thousand eighty (2,080) hours of credited state service after appointment for peace officer classifications unless either period has been extended pursuant to Rule  150.03. (Ref. Section  67-5309(j), Idaho Code, and Rule  210.04)  (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.04.01 - RULES OF THE DIVISION OF HUMAN RESOURCES AND IDAHO PERSONNEL COMMISSION › Section 15.04.01.152 - SEPARATION DURING PROBATION

Current through August 31, 2023
01.
Notification
. If a probationary employee does not serve satisfactorily, the appointing authority must provide the employee and the Division a performance evaluation indicating unsatisfactory performance in order to process the failure to complete probation separation within thirty (30) days after the expiration of the probationary period. (Ref. Section  67-5309(j), Idaho Code, and Rule  210.04)  (3-31-22)
02.
During Entrance and Voluntary Probation
. (3-31-22)
a. An employee who does not serve satisfactorily during the entrance or voluntary probation must first be given the opportunity in writing to resign without prejudice; an employee who fails to resign may be terminated without cause assigned and without the right to file for problem-solving or an appeal. (Ref. Section  67-5309(j), Idaho Code, and Rule  210.04)  (3-31-22)
b. Notice to the employee of termination for unsatisfactory service must be made at least fifteen (15) calendar days prior to the effective date of termination, unless there are extenuating circumstances. (4-6-23)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.04.01 - RULES OF THE DIVISION OF HUMAN RESOURCES AND IDAHO PERSONNEL COMMISSION › Section 15.04.01.153 - UNSATISFACTORY PERFORMANCE DURING A PROMOTION PROBATION PERIOD

Current through August 31, 2023
01.
Disciplinary Action
. Regardless of the probation status, when a Rule  190  violation supports demotion, suspension, or dismissal, such action may occur. (3-31-22)
02.
During Promotional Probation
. If an employee on promotional probation does not meet performance expectations: (4-6-23)
a. The employee may voluntarily demote to a vacant position in any classification he or she has held permanent status in state career service. However, the employee must meet the current minimum requirements for that classification. If more than one (1) option exists for demotion, the employee should be placed in the higher paid position, but the specific assignment is up to the appointing authority. (3-31-22)
b. If no position is available for the voluntary demotion option, the employee may be laid off (Ref. Rules  145  and  147)  and may request their name be placed on a register for the classification where they last held permanent status. (4-6-23)
c. When reinstatement occurs in the classification they promoted from, the employee's name is removed from reemployment required preference status. (4-6-23)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.04.01 - RULES OF THE DIVISION OF HUMAN RESOURCES AND IDAHO PERSONNEL COMMISSION › Section 15.04.01.154 - FAILURE TO PROVIDE PERFORMANCE EVALUATION

Current through August 31, 2023
If the appointing authority fails to provide a performance evaluation as required in Rule  151, the employee shall be considered to have satisfactorily completed the probationary period and be certified to permanent status as provided by Rule  151, unless the probationary period has been extended by the administrator. (Ref. Rule  150.03)  (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.04.01 - RULES OF THE DIVISION OF HUMAN RESOURCES AND IDAHO PERSONNEL COMMISSION › Section 15.04.01.159 - STATUS AND TENURE

Current through August 31, 2023
01.
Probationary Promotions
. Employees serving a promotional probationary period have continued permanent status in the classification from which promoted until they are certified as having satisfactorily completed the promotional probationary period in the classification to which promoted. (Ref. Rules  151,  152, and  153)  (3-31-22)
02.
Tenure of Employment
. All employment in the state classified service is without definite term except where the term may be specified by law, or under conditions of a limited-service appointment. (Ref. Rule  120)  (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.04.01 - RULES OF THE DIVISION OF HUMAN RESOURCES AND IDAHO PERSONNEL COMMISSION › Section 15.04.01.169 - PROMOTIONS

Current through August 31, 2023
01.
Use of Promotional Registers
. (3-31-22)
a. Preference for Promotion. Whenever practical, a vacancy in a classified position must be filled by the promotion of an employee in the agency in which the vacancy occurs. (Ref. Section  67-5309(g), Idaho Code) (3-31-22)
b. Exception. An appointing authority may request that a position be filled from a statewide promotional register (Ref. Rule  101.03)  or an open competitive register (Ref. Rule  101.04)  whenever he determines that such an appointment will best serve the interests of the agency. (3-31-22)
c. Agency Registers with Reemployment Preference Status. Promotions to a classification are not permissible as long as there is an agency register with reemployment preference status (Ref. Rule  101.01)  for the classification with names of eligible candidates who are willing to accept reemployment. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.04.01 - RULES OF THE DIVISION OF HUMAN RESOURCES AND IDAHO PERSONNEL COMMISSION › Section 15.04.01.179 - DEMOTIONS

Current through August 31, 2023
Demotions are reductions of an employee from a position which the employee occupies in one classification to a position in another classification in a lower pay grade. Demotions authorized under these rules apply to both probationary and permanent status employees who meet the minimum qualifications of the classification to which demoted. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.04.01 - RULES OF THE DIVISION OF HUMAN RESOURCES AND IDAHO PERSONNEL COMMISSION › Section 15.04.01.181 - NONDISCIPLINARY DEMOTION OPTIONAL

Current through August 31, 2023
An appointing authority may allow a voluntary demotion when requested or accepted by an employee and approved by the appointing authority. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.04.01 - RULES OF THE DIVISION OF HUMAN RESOURCES AND IDAHO PERSONNEL COMMISSION › Section 15.04.01.182 - DISCIPLINARY DEMOTION

Current through August 31, 2023
An appointing authority may make a disciplinary demotion for causes enumerated in Rule  190  that are not sufficiently severe to warrant dismissal. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.04.01 - RULES OF THE DIVISION OF HUMAN RESOURCES AND IDAHO PERSONNEL COMMISSION › Section 15.04.01.190 - DISCIPLINARY ACTIONS

Current through August 31, 2023
01.
Cause for Disciplinary Actions or Separation From State Service
. Dismissal, suspension, demotion, or the reduction in pay, of a classified employee, may occur for any of the following causes during the employee's employment: (3-31-22)
a. Failure to perform the duties and carry out the obligations imposed by the state constitution, state statutes, or rules of the agency or the Division and Idaho Personnel Commission. (3-31-22)
b. Inefficiency, incompetency, or negligence in performing duties, or job performance that fails to meet established performance standards. (3-31-22)
c. Physical or mental incapability for performing assigned duties, if a reasonable accommodation cannot be made for the disabling condition. (3-31-22)
d. Refusal to accept a reasonable and proper assignment from an authorized supervisor. (3-31-22)
e. Insubordination or conduct unbecoming a state employee or conduct detrimental to good order and discipline in the agency. (3-31-22)
f. Intoxication or being under the influence of alcohol, or the misuse of medications or controlled substances, while on duty. (3-31-22)
g. Careless, negligent, or improper use or unlawful conversion of state property, equipment, or funds. (3-31-22)
h. Use of any influence which violates the principles of the merit system in an attempt to secure a promotion or privileges for individual advantage. (3-31-22)
i. Conviction of official misconduct in office, or conviction of any felony, or conviction of any other crime involving moral turpitude. (3-31-22)
j. Acceptance of gifts in exchange for influence or favors given in the employee's official capacity. (3-31-22)
k. Habitual pattern of failure to report for duty at the assigned time and place. (3-31-22)
l. Habitual improper use of sick leave. (3-31-22)
m. Unauthorized disclosure of confidential information from official records. (3-31-22)
n. Absence without leave. (3-31-22)
o. Misstatement or deception in application for employment. (3-31-22)
p. Failure to obtain or maintain a current license or certificate lawfully required as a condition in performance of duties. (3-31-22)
q. Prohibited participation in political activities. (Ref. Section  67-5311, Idaho Code) (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.04.01 - RULES OF THE DIVISION OF HUMAN RESOURCES AND IDAHO PERSONNEL COMMISSION › Section 15.04.01.200 - PROBLEM-SOLVING AND DUE PROCESS PROCEDURES

Current through August 31, 2023
01.
Overview of Procedures
. (3-31-22)
a. The due process procedure deals with the disciplinary matters set forth in Section  67-5315(2), Idaho Code, dismissals, suspensions without pay, and demotions, and with all involuntary transfers. The due process procedure generally requires the employee receive notice and an opportunity to respond before a disciplinary decision or involuntary transfer is made by the agency. Decisions regarding disciplinary dismissals, suspensions without pay, and demotions may be appealed in accordance with Rule  201. (3-31-22)
b. The problem-solving procedure deals with all matters not specifically reserved for the due process procedure. Problem solving decisions may not be appealed to the Commission except as authorized by Section  67-5316, Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.04.01 - RULES OF THE DIVISION OF HUMAN RESOURCES AND IDAHO PERSONNEL COMMISSION › Section 15.04.01.202 - PETITION FOR REVIEW PROCEDURE

Current through August 31, 2023
01.
Filing of Petition for Review
. A petition for review shall be filed at the office of the Commission within thirty-five (35) days of the hearing officer's decision issued pursuant to Rule  201.10. The petition shall be in writing and specifically cite the alleged errors of fact or law made by the hearing officer. (3-31-22)
02.
Stay of Hearing Officer's Decision
. Upon the filing of the petition for review, the jurisdiction of the hearing officer in the matter is ended except for resolving post-hearing motions and awarding attorney fees and costs. The hearing officer's decision and any orders entered pursuant to Rules  201.10  and  201.11  will be automatically stayed. (3-31-22)
03.
Nature of Hearing
. The hearing of the Commission on a petition for review will be limited to oral arguments regarding issues of law and fact as may be found in the record established before the hearing officer and any post-hearing orders. Written arguments or briefs and motions regarding the petition for review will be allowed under such terms as the Commission may direct in its notice of hearing, which will be issued at least twenty-eight (28) days prior to the date set for hearing. (3-31-22)
04.
Transcript
. If the petition for review involves questions of fact, the appellant shall provide a full transcript of the proceedings before the hearing officer for the Commission to review. The respondent may pay for an additional copy of the transcript for respondent's own use. (3-31-22)
05.
Requests for Postponement and Other Motions
. (3-31-22)
a. Except in emergencies, a request for postponement shall be filed in writing by a party or representative not later than seven (7) days before the scheduled hearing. The Chair of the Commission, or his or her designee, may determine whether good cause is shown for the postponement and grant or deny the request on behalf of the Commission. (3-31-22)
b. Motions to dismiss for lack of jurisdiction shall be decided by the Commission. All other motions shall be considered by the Chair of the Commission or at the Chair's discretion may be referred to one (1) Commissioner, whose decision on the motion may be communicated to the parties by letter or other informal means, by the Chair or by counsel to the Commission. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.04.01 - RULES OF THE DIVISION OF HUMAN RESOURCES AND IDAHO PERSONNEL COMMISSION › Section 15.04.01.203 - REFERRALS FROM FEDERAL AGENCIES ON DISCRIMINATION COMPLAINTS

Current through August 31, 2023
When the Division receives a complaint from a federal agency alleging violation of employment laws, the administrator must take prompt action to investigate. If the complaint is agency specific, the appointing authority will take necessary actions to ensure the investigation is thorough, staff are fully cooperative, and submit findings and any corrective action plan to the administrator and other proper authorities. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.04.01 - RULES OF THE DIVISION OF HUMAN RESOURCES AND IDAHO PERSONNEL COMMISSION › Section 15.04.01.210 - PERFORMANCE EVALUATIONS

Current through August 31, 2023
01.
Performance Evaluations
. Each agency shall use the statewide online performance evaluation system; however, another system may be used, provided it meets the basic objectives of the state's online performance evaluation system as approved in advance by the administrator. Agency records and supporting documentation are subject to review by the Division and the employee's overall performance rating must be transmitted to the administrator. (3-31-22)
02.
Approval of Form
. The Division will make available a standard format for purpose of the statewide online performance evaluation system. An appointing authority may utilize another form provided it meets the basic performance criteria and ratings and is approved in advance by the administrator. (3-31-22)
03.
Purpose
. The purpose of performance evaluation is to provide an objective evaluation by the immediate supervisor of an employee's performance in comparison with established expectations for the position; and to identify an employee's strengths and weaknesses and where improvement is necessary. All performance evaluations must be discussed with affected employee who will be allowed opportunity to submit written comments regarding the evaluation contents. (3-31-22)
04.
Use of Evaluations
. Performance evaluations should be used in connection with promotions, transfers, demotions, retentions, separations, and reassignments (Ref. Section  67-5309(h), Idaho Code); and used as the affirmative certification for merit increases, bonuses, and salary equity increases (Ref. Section  67-5309B, Idaho Code); and for certifying a probationary employee to permanent status (Ref. Rule  151). Other uses of performance evaluations are optional with the appointing authority. (3-31-22)
05.
Evaluation Schedule
. All classified employees must be evaluated for their performance during probationary periods for appointments and promotions and for every two thousand eighty (2,080) hours of credited state service thereafter (generally, an annual basis). (Ref. Sections  67-5309(h) and (j),  67-5309B(6), Idaho Code.) Part-time employees must be evaluated on an annual basis. (3-31-22)
06.
Retention of Evaluation
. A copy of the performance evaluation must be retained in agency records with a copy furnished to the employee. (3-31-22)
07.
Supervisors' Requirements
. Supervisors are required to manage performance on a consistent basis including completion of performance evaluations on all employees under their direct supervision. (Ref. Section  67-5309B(6), Idaho Code) (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.04.01 - RULES OF THE DIVISION OF HUMAN RESOURCES AND IDAHO PERSONNEL COMMISSION › Section 15.04.01.220 - RECORDS

Current through August 31, 2023
01.
Employee Service Records
. (3-31-22)
a. For each employee in classified service, the Division maintains an electronic service record which must include all personnel transactions pertinent to the employee's employment history. (Ref. Section  67-5309(o), Idaho Code) (3-31-22)
b. Any employee may at all reasonable times during business hours review his service record maintained in the Division or maintained in any agency. Except for material used to screen and test for employment, all information maintained in an employee's service record must be made available to the employee or designated representative upon request. File contents may be corrected if found in error according to the procedure contained in Title 74, Chapter 1, Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.04.01 - RULES OF THE DIVISION OF HUMAN RESOURCES AND IDAHO PERSONNEL COMMISSION › Section 15.04.01.230 - VACATION LEAVE

Current through August 31, 2023
01.
Eligibility
. All classified employees, regardless of status or whether full-time or part-time, earn vacation leave and are eligible to take and be paid for unused vacation leave in accordance with Sections  67-5334, Idaho Code. (3-31-22)
02.
Rate of Accrual
. All credited state service (ref. Sections  67-5332  and  59-1604, Idaho Code, for definitions) are counted in determining leave accrual rate. (3-31-22)
03.
Mutual Agreement
. Vacation leave requested by the employee may be used only when approved by the agency. The employee and the agency must mutually agree upon such time or times when vacation leave least interferes with the efficient operation of the agency taking into consideration the vacation preference of the employee. (3-31-22)
04.
Interagency Transfer
. An employee who is transferred from one state agency to another agency will be credited with accrued vacation leave by the receiving agency at the time of transfer. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.04.01 - RULES OF THE DIVISION OF HUMAN RESOURCES AND IDAHO PERSONNEL COMMISSION › Section 15.04.01.240 - SICK LEAVE

Current through August 31, 2023
01.
Eligibility
. Sick leave is earned in accordance with Section  67-5333, Idaho Code. (3-31-22)
02.
Interagency Transfer
. An employee who is transferred from one state agency to another will be credited by the receiving agency with the amount of sick leave accrued at the time of transfer. (3-31-22)
03.
Reasons for Use
. Sick leave must only be used in cases of actual illness or disability or other medical and health reasons necessitating the employee's absence from work, or in situations where the employee's personal attendance is required or desired because of serious illness, disability, or death and funeral in the family. For purposes of this rule, family means a spouse, child, foster child, parent, brother, sister, grandparent, grandchild, or the same relation by marriage, or legal guardian. (3-31-22)
04.
Serious Medical Conditions
. Sick leave may be used in conjunction with Family and Medical Leave. (Ref. Rule  242)  (3-31-22)
05.
Notification
. It is the responsibility of the employee to notify his supervisor as soon as possible in the event of sickness or injury which prevents the employee from reporting for duty. (3-31-22)
06.
Donated Leave
. Vacation and sick leave may be transferred to another employee for the purposes of sick leave in accordance with Section  67-5334, Idaho Code. Such transfers are to be made from employee to employee. Vacation and sick leave is retained by the donating party until it is converted to sick leave in the receiving employee's account. (3-31-22)
07.
Sick Leave Abuse
. A predictable and reliable level of attendance is an essential function of almost all positions. Consistent with the provisions of the Americans with Disabilities Act and the Family Medical Leave Act, a supervisor may investigate suspected sick leave abuse including a pattern of unscheduled absences which have a negative impact on the requirements of the job and take appropriate action. When an employee is absent due to illness or injury in excess of three (3) days, a doctor's certificate of justifiable cause for the absence may be required of the employee at the discretion of the immediate supervisor. A doctor's certification of illness or injury may be required of an employee for periods of less than three (3) consecutive working days whenever the immediate supervisor or manager believes special investigation of the absence should be made. (Ref. Rule  190  and Section  67-5333, Idaho Code) (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.04.01 - RULES OF THE DIVISION OF HUMAN RESOURCES AND IDAHO PERSONNEL COMMISSION › Section 15.04.01.241 - WORKERS' COMPENSATION OR DISABILITY

Current through August 31, 2023
01.
Use of Leave in a Workers' Compensation Claim
. In the event of a disability incurred on the job covered by workers' compensation, the employee will be given the choice of either: (3-31-22)
a. Leave of absence without pay while receiving workers' compensation; or (3-31-22)
b. Utilizing a portion of accrued sick or other paid leave to supplement workers' compensation to maintain his regular salary; however, no appointing authority may require an employee to accept sick leave, vacation leave, or compensatory time off for overtime in lieu of workers' compensation provided by law. Additionally, an employee may not waive his rights to workers' compensation and cannot accept earned leave or other benefits in lieu thereof. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.04.01 - RULES OF THE DIVISION OF HUMAN RESOURCES AND IDAHO PERSONNEL COMMISSION › Section 15.04.01.242 - FAMILY AND MEDICAL LEAVE

Current through August 31, 2023
01.
Applicability
. The provisions of the federal Family and Medical Leave Act (FMLA) apply without regard to the exclusion for worksites employing less than fifty (50) employees in a seventy-five (75) mile area, and without the limitation on reinstatement of the highest-paid employees. (Ref.  29 U.S.C. 2601  et seq.). The State is one (1) employer for the purposes of FMLA. For consistency, the administrator shall publish statewide guidance on FMLA policies. (3-31-22)
02.
Return to Work Release
. An appointing authority may request a return to work release if, due to the nature of the health condition and the job: (3-31-22)
a. Light or limited duty work or other accommodation is requested; or (3-31-22)
b. The agency, having a reasonable basis in fact to do so, requires assurance that returning to work would not create a significant risk of substantial harm to the employee or others. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.04.01 - RULES OF THE DIVISION OF HUMAN RESOURCES AND IDAHO PERSONNEL COMMISSION › Section 15.04.01.243 - MATERNITY AND PATERNITY LEAVE

Current through August 31, 2023
01.
Use Of Sick Leave
. Pregnancy, childbirth or related medical conditions generally are considered temporary disabilities and are treated as such for sick leave purposes. Maternity and paternity leave are granted under the same conditions and requirements as other compensable and non-compensable leave under these rules, including the Family and Medical Leave Act. (4-6-23)
02.
Determination of Disability Period
. The employee's physician is considered the primary authority in determining the disability period insofar as compensable sick leave is concerned. (3-31-22)
03.
Additional Time Off
. Maternity and paternity leave preceding and following the time that the person is disabled is leave without pay unless the employee elects to use accrued vacation leave or compensatory time off for overtime. (3-31-22)
04.
Discrimination Prohibited
. Pregnancy discrimination is prohibited. The employee may continue to work as long as she is physically capable of performing the duties of her position and may return to work as soon as she is physically able as determined by her physician. (3-31-22)
05.
Adoption and Foster Care
. Leave will be granted for adoption and foster care as set forth in the Family and Medical Leave Act. (Ref. Rule  242)  (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.04.01 - RULES OF THE DIVISION OF HUMAN RESOURCES AND IDAHO PERSONNEL COMMISSION › Section 15.04.01.244 - SEPARATION UPON FAILURE TO RETURN TO WORK

Current through August 31, 2023
Except for those employees on authorized leave or placed on a register with reemployment preference prescribed by Rule  241.02.a., an employee who has not returned to work within five (5) working days after approved paid or unpaid leave or release by his or her physician shall be considered as having voluntarily separated. Such separation shall be treated as a voluntary resignation, and the employee shall remain eligible for reinstatement as provided under Rule  124. Written notification of his or her separation/resignation shall be mailed to the last known home address. Any objections by the employee to the notice, must be received within five (5) working days of receipt of the notice, or acceptance of the separation/resignation will be presumed. If objections are received within the timeline, a disciplinary separation (dismissal) or other formal disciplinary action may be pursued as provided in Rule  190. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.04.01 - RULES OF THE DIVISION OF HUMAN RESOURCES AND IDAHO PERSONNEL COMMISSION › Section 15.04.01.250 - SPECIAL LEAVES

Current through August 31, 2023
01.
Leave of Absence Without Pay
. (3-31-22)
a. Approval. In addition to workers' compensation, family medical leave, disability, or other statewide leave policies, the appointing authority may grant an employee leave without pay for a specified length of time when such leave would not have an adverse effect upon the agency. The request for leave must be in writing and establish reasonable justification for approval. (3-31-22)
b. Reemployment. The appointing authority approving the leave of absence assumes full responsibility for returning the employee to the same position or to another position in a classification allocated to the same pay grade for which the employee meets minimum qualifications. (3-31-22)
c. Exhaustion of Accrued Leave. Unless prohibited by workers' compensation, family medical leave, disability, or other statewide leave policies, the appointing authority has discretion on whether the employee is required to exhaust accrued vacation leave or compensatory time off for overtime before commencing leave without pay. (Ref. Rule  240)  (3-31-22)
d. Resignation. If vacation leave and compensatory time off for overtime are not exhausted and the employee resigns from state service while on leave, he will be paid for such accruals in accordance with Sections  67-5334  and  67-5328, Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.04.01 - RULES OF THE DIVISION OF HUMAN RESOURCES AND IDAHO PERSONNEL COMMISSION › Section 15.04.01.251 - ADMINISTRATIVE LEAVE

Current through August 31, 2023
01.
Investigation and Due Process Procedure
. Administrative leave may be granted by an appointing authority for employee investigations and due process procedures in accordance with Rule  190.02. (3-31-22)
02.
Closure or Inaccessibility
. Administrative leave for closure or inaccessibility of a state office/facility due to severe weather, emergencies or incidents that could jeopardize agency operations, or the safety of others must be granted in accordance with Rule  250.08. (3-31-22)
03.
Other Reasons
. Administrative leave for reasons other than those listed above must be approved in advance by the administrator. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.04.01 - RULES OF THE DIVISION OF HUMAN RESOURCES AND IDAHO PERSONNEL COMMISSION › Section 15.04.01.260 - COMPENSABLE HOURS

Current through August 31, 2023
01.
Biweekly Employees
. With the exception of holiday leave, no leave may be used if it results in pay in excess of the employee's regularly scheduled work week. (3-31-22)
02.
Ineligible Employees
. Employees who are "executive" as defined by Section  67-5302(12), Idaho Code, are ineligible to earn or receive payment for hours worked or accrued beyond their regularly scheduled work week. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.04.01 - RULES OF THE DIVISION OF HUMAN RESOURCES AND IDAHO PERSONNEL COMMISSION › Section 15.04.01.261 - HOURS WORKED

Current through August 31, 2023
01.
Hours in Performance of Job
. Those hours actually spent in the performance of the employee's job, excluding holidays, vacation, sick leave other approved leaves of absence, and excluding on-call time. (3-31-22)
02.
Travel Time
. Travel time is compensated pursuant to policy set forth by the Board of Examiners. (3-31-22)
03.
Hours Outside of Regular Working Hours
. Attendance at lectures, meetings, training programs, and similar activities outside of the employee's regular working hours when attendance has been directed by the appointing authority or designee. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.04.01 - RULES OF THE DIVISION OF HUMAN RESOURCES AND IDAHO PERSONNEL COMMISSION › Section 15.04.01.262 - OVERTIME

Current through August 31, 2023
01.
Employing Agencies
. The state is considered as one (1) employer for determining the number of hours an employee works. If an employee works for more than one (1) agency, the agency employing the employee when the overtime occurs is liable for compensatory time off or cash compensation as provided by law. (3-31-22)
02.
Compensation for Overtime
. Overtime accrual and compensation for classified employees is covered by Sections  67-5328  and  59-1607, Idaho Code, for nonclassified employees. Overtime is defined in Section  67-5302(20), Idaho Code. Overtime does not include any time, such as occasional or sporadic work, which is excluded from the overtime calculation by federal law. (3-31-22)
03.
Modification of Workweek or Schedule
. No agency will alter a previously established work week for the purpose of avoiding overtime compensation. An agency may modify the employee's regular schedule of work to avoid or minimize overtime. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.04.01 - RULES OF THE DIVISION OF HUMAN RESOURCES AND IDAHO PERSONNEL COMMISSION › Section 15.04.01.272 - POLICY MAKING AUTHORITY

Current through August 31, 2023
To address the need for all classified employees to be treated fairly, and in situations where the State may be considered as one (1) employer, the Division Administrator may issue guidance to provide consistent interpretation of federal law, state law, executive order or rule. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.06.01 - RULES GOVERNING THE IDAHO PUBLIC SAFETY COMMUNICATIONS COMMISSION › Section 15.06.01.010 - DEFINITIONS

Current through August 31, 2023
01.
Applicant
. A Consolidated Emergency Communication Center submitting a grant application. (4-6-23)
02.
Commission
. The Idaho Public Safety Communications Commission as established within the Military Division by Section  31-4815(1), Idaho Code. (4-6-23)
03.
Consolidated Emergency Communication Center
. A governmental or multi-governmental organization authorized to collect emergency communication fees in accordance with Title 31, Chapter 48, Idaho Code. (4-6-23)
04.
Grant Cycle
. The period between July 1 through the following June 30 for grant application distribution, submission, award notice and disbursement in accordance with dates established in Section  021  of these rules. (4-6-23)
05.
Mediation
. The process required by Section  31-4817, Idaho Code, as a condition precedent to local government agencies initiating any legal action. (4-6-23)
06.
Taxing District
. A fire protection district created pursuant to Section  31-1402, Idaho Code, an ambulance service created pursuant to Section  31-3901, Idaho Code, or an ambulance service district created pursuant to Section  31-3908, Idaho Code. (4-6-23)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.06.01 - RULES GOVERNING THE IDAHO PUBLIC SAFETY COMMUNICATIONS COMMISSION › Subchapter A - RULES GOVERNING MEDIATION › Section 15.06.01.012 - REQUEST FOR MEDIATION

Current through August 31, 2023
The parties must submit a written request for mediation to the Commission demonstrating that all parties are requesting the mediation. Mediation process is delineated in Commission Policy letter. (4-6-23)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.06.01 - RULES GOVERNING THE IDAHO PUBLIC SAFETY COMMUNICATIONS COMMISSION › Subchapter A - RULES GOVERNING MEDIATION › Section 15.06.01.013 - SCHEDULED GROUP MEDIATION

Current through August 31, 2023
Within fifteen (15) days from the date of receipt of a request for mediation, the Commission will schedule a date for a mediation at which all parties and a quorum of the Commission can be present, and notify the parties in writing of the date of the group mediation. (4-6-23)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.06.01 - RULES GOVERNING THE IDAHO PUBLIC SAFETY COMMUNICATIONS COMMISSION › Subchapter A - RULES GOVERNING MEDIATION › Section 15.06.01.014 - REQUIREMENT OF SUBMISSION OF DOCUMENTS AND EXHIBITS

Current through August 31, 2023
The Commission may require the parties to produce documents at or before the date set for the group mediation. Such documents may include, but are not limited to, individual statements of position from each party. The Commission will notify the parties in writing of any documents that may need to be produced and the date of submission. (4-6-23)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.06.01 - RULES GOVERNING THE IDAHO PUBLIC SAFETY COMMUNICATIONS COMMISSION › Subchapter A - RULES GOVERNING MEDIATION › Section 15.06.01.015 - INDIVIDUAL POSITION STATEMENTS

Current through August 31, 2023
If the Commission requires individual statements of position from each party, the statements of position should begin with a one (1) page statement of the dispute. (4-6-23)
01.
Stipulation of Facts
. The parties are encouraged to stipulate to as many facts as possible and clearly identify what facts are being stipulated. (4-6-23)
02.
Supporting Documents
. The parties should present their entitlement position with specific references to appropriate supporting documents, to be included with the statement of position. (4-6-23)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.06.01 - RULES GOVERNING THE IDAHO PUBLIC SAFETY COMMUNICATIONS COMMISSION › Subchapter A - RULES GOVERNING MEDIATION › Section 15.06.01.016 - GROUP MEDIATION

Current through August 31, 2023
The Commission chairman, or in his absence the vice-chairman or other commissioner designated by the chairman, will preside over the mediation. (4-6-23)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.06.01 - RULES GOVERNING THE IDAHO PUBLIC SAFETY COMMUNICATIONS COMMISSION › Subchapter A - RULES GOVERNING MEDIATION › Section 15.06.01.017 - SUPPLEMENTAL DOCUMENTATION

Current through August 31, 2023
The Commission may require the parties to provide supplemental documentation and may establish a date by which such documentation is due. (4-6-23)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.06.01 - RULES GOVERNING THE IDAHO PUBLIC SAFETY COMMUNICATIONS COMMISSION › Subchapter A - RULES GOVERNING MEDIATION › Section 15.06.01.018 - COMMISSION RECOMMENDATION

Current through August 31, 2023
The Commission may make such recommendation orally or in writing. (4-6-23)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.06.01 - RULES GOVERNING THE IDAHO PUBLIC SAFETY COMMUNICATIONS COMMISSION › Subchapter A - RULES GOVERNING MEDIATION › Section 15.06.01.019 - TERMINATION OF MEDIATION

Current through August 31, 2023
The mediation is terminated as follows: (4-6-23)
01.
Settlement
. By the signing of a settlement agreement between the parties covering any or all of the issues between them; and/or (4-6-23)
02.
Failure to Agree
. By the written declaration of all parties and the chairman, on behalf of the Commission, that the parties could not come to an agreement in the mediation covering any or all of the issues between them. (4-6-23)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.06.01 - RULES GOVERNING THE IDAHO PUBLIC SAFETY COMMUNICATIONS COMMISSION › Subchapter B - COMMISSION GRANTS › Section 15.06.01.100 - GRANT ADMINISTRATION

Current through August 31, 2023
01.
Grant Administration
. The moneys that may be available through the ECGF are from the emergency communications fees placed in the Fund pursuant to Section  31-4819, Idaho Code. Administration of the Grants is detailed in Commission Policy Letter. (4-6-23)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.06.01 - RULES GOVERNING THE IDAHO PUBLIC SAFETY COMMUNICATIONS COMMISSION › Subchapter B - COMMISSION GRANTS › Section 15.06.01.101 - GRANT CYCLE

Current through August 31, 2023
01.
Application Availability
. The Commission will make an application and guidance available no later than July 1 of each year. (4-6-23)
02.
Application Period
. The Applicant has until July 31 to complete and submit the application to the Commission. (4-6-23)
03.
Application Evaluation Period
. Prior to September 15, the Commission and, if applicable, a grant subcommittee, will evaluate the applications received. (4-6-23)
04.
Award Notification
. Prior to October 31, the Commission will issue notification to every Applicant regarding the disposition of its grant request. (4-6-23)
05.
Grant Disbursement
. Grant disbursement will occur prior to April 30. (4-6-23)
06.
Deadline for Return of Funds
. All unused grant funds not expended for costs associated with Applicant's award must be returned by the Applicant no later than May 31. (4-6-23)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.06.01 - RULES GOVERNING THE IDAHO PUBLIC SAFETY COMMUNICATIONS COMMISSION › Subchapter B - COMMISSION GRANTS › Section 15.06.01.102 - APPLICATION

Current through August 31, 2023
A completed application must be submitted by the Applicant on or before the conclusion of the application period to be considered during the Grant Cycle. (4-6-23)
01.
Application Frequency
. Only one (1) application per Consolidated Emergency Communication Center may be filed in any Grant Cycle, on the form required by the Commission. (4-6-23)
02.
Incomplete Application
. An application missing required information may be excluded from consideration for an award. (4-6-23)
03.
Applicant's Request for Amendment
. An Applicant may amend its application after the application period has ended by sending both a written request and the proposed application amendment to the IPSCC grant subcommittee. The Commission may grant such amendments at its discretion. (4-6-23)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.06.01 - RULES GOVERNING THE IDAHO PUBLIC SAFETY COMMUNICATIONS COMMISSION › Subchapter B - COMMISSION GRANTS › Section 15.06.01.103 - AWARD ELIGIBILITY REQUIREMENTS

Current through August 31, 2023
01.
Equipment
. Only equipment identified as allowable in the application guidance may be purchased with grant funds. (4-6-23)
02.
Award Consideration Criteria
. To be considered for an award, an Applicant must meet all of the following requirements: (4-6-23)
a. Be a Consolidated Emergency Communication Center collecting emergency communications fees in accordance with Title 31, Chapter 48, Idaho Code, delivering or seeking to deliver Consolidated Emergency Communication services; (4-6-23)
b. Comply and warrant to comply with applicable law, including but not limited to Section  31-4804(5), Idaho Code; (4-6-23)
c. Agree to follow all applicable bid laws in the acquisition of any equipment paid for with grant funds; and (4-6-23)
d. Agree to use any grant funds in strict compliance with the grant terms and agree to provide written documentation or proof of expenses to the Commission as required by the grant terms. (4-6-23)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.06.01 - RULES GOVERNING THE IDAHO PUBLIC SAFETY COMMUNICATIONS COMMISSION › Subchapter B - COMMISSION GRANTS › Section 15.06.01.105 - FRAUDULENT INFORMATION ON GRANT APPLICATION

Current through August 31, 2023
Providing false information on any application or document submitted under these rules is grounds for declaring the Applicant ineligible. Any and all funds determined to have been acquired on the basis of fraudulent information must be returned to the Commission. (4-6-23)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.06.05 - HAZARDOUS SUBSTANCE RESPONSE RULES › Section 15.06.05.001 - SCOPE

Current through August 31, 2023
This chapter creates local emergency response authorities and regional response teams; the location and jurisdiction of regional response teams; liability for incident response costs; notification to local and state emergency response authorities of a hazardous substance incident; call-out procedure for emergency response agencies; and cost recovery and cost reimbursement procedures for emergency response agencies. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.06.05 - HAZARDOUS SUBSTANCE RESPONSE RULES › Section 15.06.05.011 - ABBREVIATIONS

Current through August 31, 2023
01.
A.G
. Office of the State Attorney General. (3-31-22)
02.
CERCLA
. Comprehensive Environmental Response, Compensation, and Liability Act. (3-31-22)
03.
CFR
. Code of Federal Regulations. (3-31-22)
04.
HMTA
. Hazardous Materials Transportation Act. (3-31-22)
05.
NIMS
. National Incident Management System. (3-31-22)
06.
NFPA
. National Fire Protection Act. (3-31-22)
07.
OEM. Office of Emergency Management.
(3-31-22)
08.
OSHA
. Occupational Safety and Health Administration. (3-31-22)
09.
RBS
. Idaho Regional Bomb Squads. (3-31-22)
10.
WMD
. Weapons of Mass Destruction. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.06.05 - HAZARDOUS SUBSTANCE RESPONSE RULES › Section 15.06.05.100 - REGIONAL RESPONSE TEAMS, DESIGNATION, LOCATION, JURISDICTION, ACTIVATION, LIABILITY

Current through August 31, 2023
01.
Designation of Regional Response Teams
. Each RRT shall be capable of responding to hazardous substance emergencies within their jurisdiction or, when approved by the state of Idaho Military Division,
Office of Emergency Management
, in their region, or other state regions. (3-31-22)
02.
Location of Regional Response Teams
.
Area of Idaho
Primary Response Counties
Designation
Team Location - Headquarters
Region 1
Benewah, Bonner, Boundary, Kootenai, Shoshone
RRT1
Spokane Bomb Squad
Kootenai County Fire and Rescue
Spokane Police and Sheriff's Office
Region 2
Clearwater, Idaho, Latah, Lewis, Nez Perce
RRT2
Explosive response covered by Spokane and RBS3
Lewiston Fire Department
Region 3
Adams, Canyon, Gem, Owyhee, Payette, Washington (Gem response may come from Boise for access time)
RRT3
RBS3
Nampa/Caldwell Fire Department
Nampa Police Department
Region 4
Ada, Boise, Camas, Elmore, Valley (Gem response for access time)
RRT4
RBS4
Boise Fire Department
Boise Police Department
Region 5
Blaine, Cassia, Gooding, Jerome, Lincoln, Minidoka, Twin Falls (Minidoka and Cassia may come from Southeast for access time)
RRT 3, 4, 6, 7
RBS5
RRTs 3, 4, 6, 7
Twin Falls Police Department
Region 6
Bannock, Bear Lake, Butte, Bingham, Caribou, Franklin, Oneida, Power (Minidoka and Cassia responses for access time)
RRT6
Explosive response covered by RBS5 and RBS7
Pocatello Fire Department
Region 7
Bonneville, Clark, Custer, Fremont, Jefferson, Lemhi, Madison, Teton
RRT7
RBS7
Idaho Falls Fire Department
Idaho Falls Police Department
(3-31-22)
03.
Primary Jurisdiction of Regional Response Teams
. See Subsection  100.02  of these rules. (3-31-22)
04.
Activation of Regional Response Teams
. (3-31-22)
a. The party requesting the assistance must: (3-31-22)
i. Contact State Communications at 1-800-632-8000, or (208-846-7610. (3-31-22)
ii. State their name; (3-31-22)
iii. State their location; (3-31-22)
iv. Provide a description of the incident; and (3-31-22)
v. Provide a description of the type of assistance requested. (3-31-22)