Alaska Administrative Code › Title 2 - Administration › Chapter 07 - Personnel Rules › Article 5 - Appointments › 2 AAC 07.227 - Preferential rights due to layoff

Current through May 31, 2024
If a position is not filled under
				  2 AAC 07.226, a person with preferential rights due to
				  layoff may be appointed as follows:
(1) if the vacancy is in an organizational
				unit for which a layoff list has been established under
				2 AAC 07.405, the person who is highest in the reverse
				order of layoff must be considered for the vacancy; the appointing authority
				may offer the position to the person or may determine not to fill the position;
				if an employment offer is made and that person declines the offer of
				appointment, the next person in the reverse order of layoff must be considered
				until the layoff list for the organizational unit is exhausted;
(2) if the vacancy is in an organizational
				unit for which no organizational unit layoff list exists, or if each person on
				the layoff list in the organizational unit has declined appointment, the person
				who is highest in the reverse order of layoff from all layoff lists in the
				department for the job class must be considered for the vacancy; the appointing
				authority may offer the position to the person or may determine not to fill the
				position; if an employment offer is made and that person declines the
				appointment, the next person in the reverse order of layoff from all layoff
				lists in the department for the job class must be considered until the layoff
				lists for the department for the job class are exhausted; however, if the
				vacancy exists because the position has been reallocated from another job
				class, if the appointment is not required to be made under the provision of
				this section, and the reallocation is based on duties that have been, are, and
				will be performed by the incumbent, the appointing authority may appoint the
				incumbent of the reallocated position to the new job class; this paragraph does
				not limit the appointing authority from filling the position through (3) of
				this section;
(3) if a vacancy is
				in an organizational unit for which an organizational layoff list and layoff
				list in the department for the job class do not exist, or if each person on the
				layoff lists for the job class in the organizational unit and department has
				declined appointment, and the appointing authority has determined not to
				appoint the incumbent under (2) of this section, the person who is highest in
				the reverse order of layoff from all layoff lists in all other departments for
				the job class must be considered for the vacancy; the appointing authority may
				offer the position to the person or may determine not to fill the position; if
				an employment offer is made and that person declines appointment, the next
				person in the reverse order of layoff from all layoff lists in all other
				departments for the job class must be considered until the layoff lists of all
				departments for the job class are exhausted.
Even though the adoption of
					 2 AAC 07.227 was effective 4/23/2004, it was not
					 published until Register 175, Oct.
					 2005.
Authority:
AS
					 39.25.070
AS 39.25.140
AS
					 39.25.150