reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 9 - INDIANA VETERAN OWNED SMALL BUSINESSES › Rule 4 - IVOSB Participation in Procurement and Subcontracting › Section 4-4 - Rules affecting an enterprise's responsibility after solicitation submission

Current through July 10, 2024
Authority: IC 4-13-16.5
Affected: IC 4-13-1; IC 4-13.6
Sec. 4.
(a) The
				prime and subcontractors shall report all IVOSB participation in the state's
				standard subcontractor compliance tool, commonly known as the state pay audit
				system, on at least a monthly basis.
(b) IVOSB must notify the department, in
				writing, within thirty (30) days of any change affecting its qualifying
				membership, ownership, or control requirements, and of any other material
				change to the information provided in the application to either the Center of
				Veterans Enterprise of the United States Department of Veterans Affairs or the
				state program.
(c) On the two (2)
				year renewal for eligibility, the IVOSB must provide the department a copy of
				the Center of Veterans Enterprise of the United States Department of Veterans
				Affairs' renewal letter. If certified through the state program, the IVOSB must
				provide a letter verifying continued eligibility from the state
				program.
(d) The responsibility to
				acquire and supply the information to the department required in this section
				remains with the prime.
(e) Failure
				to comply with the provisions of this section may result in noncompliance or
				removal from the program.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 9 - INDIANA VETERAN OWNED SMALL BUSINESSES › Rule 5 - Compliance › Section 5-1 - Compliance monitoring

Current through July 10, 2024
Authority: IC 4-13-16.5
Affected: IC 4-13-1; IC 4-13.6
Sec. 1.
(a) In the
				management of this program, the department shall exercise its rights to employ
				all available administrative actions and remedies to ensure that the IVOSB
				procurement goal and intent are successfully met. Therefore, the commissioner
				shall serve as the final authority for IVOSB participation in the
				program.
(b) Because the attainment
				of the contract goal has been established through contractual provisions with
				the prime, the department shall consider the prime to be the sole source of
				responsibility for contract goal attainment and may be held accountable for the
				actions (or inaction) of its subcontractors.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 9 - INDIANA VETERAN OWNED SMALL BUSINESSES › Rule 5 - Compliance › Section 5-2 - Noncompliance

Current through July 10, 2024
Authority: IC 4-13-16.5
Affected: IC 4-13-1; IC 4-13.6; IC 5-22-14
Sec. 2.
(a) The
				department shall notify the prime of program noncompliance by either the prime
				or subcontractor, or both, and will seek corrective action including the
				imposition of a material breach of contract, if any of the following are
				determined:
(1) The prime or subcontractor
				failed to:
(A) timely meet the affirmative
				obligations of this article;
(B)
				demonstrate a good faith effort to comply with this article; or
(C) cooperate in providing information
				necessary to comply with this article.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 9 - INDIANA VETERAN OWNED SMALL BUSINESSES › Rule 5 - Compliance › Section 5-3 - Review process for noncompliance

Current through July 10, 2024
Authority: IC 4-13-16.5
Affected: IC 4-13-1; IC 4-13.6
Sec. 3.
(a) Upon the
				notification of the determination of noncompliance, the prime or subcontractor
				may submit a written letter of protest on the grounds that such findings are:
(1) arbitrary, capricious, or an abuse of
				discretion;
(2) conducted contrary
				to a constitutional, statutory, or regulatory provision;
(3) made without observance of a procedure
				required by law;
(4) in error or
				based on mistake; or
(5) not
				objectively formulated, may have been collusive, or may have been submitted in
				bad faith.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 9 - INDIANA VETERAN OWNED SMALL BUSINESSES › Rule 6 - Application Process; Requirements › Section 6-1 - Application for certification as an IVOSB through the state program

Current through July 10, 2024
Authority: IC 4-13-16.5
Affected: IC 4-13-1; IC 4-13.6; IC 5-14-3
Sec. 1.
(a) The
				enterprise seeking certification shall submit its application on the form or
				forms approved by the department, accompanied by all requested documentation.
				The application must be signed and sworn under the penalty of perjury by the
				applicant.
(b) An enterprise
				seeking certification has the burden of demonstrating that it meets the
				requirements of this rule concerning ownership and control by qualifying
				members or members.
(c) An
				enterprise seeking certification shall cooperate fully with the department's
				requests for information and documentation relevant to the certification
				process. Failure to cooperate fully may result in denial of
				certification.
(d) An enterprise
				seeking certification has an affirmative obligation to disclose all material
				and relevant information affecting that enterprise's eligibility for
				certification. Any material misrepresentation or omission may be grounds for
				denial of certification.
(e) All
				documents submitted in connection with an application for certification are
				subject to the Indiana Access to Public Records Act, IC 5-14-3. The department
				will maintain as confidential:
(1) any tax
				returns;
(2) any financial
				information;
(3) any trade secret
				information; and
(4) all documents
				listed in IC
				5-22-14-3.5
[IC
				5-22-14-3.5 was
				repealed by P.L. 15-2020,
				SECTION
				16, effective July 1, 2020.]
;
as authorized under IC
				  5-14-3-4(a).
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 9 - INDIANA VETERAN OWNED SMALL BUSINESSES › Rule 6 - Application Process; Requirements › Section 6-2 - Ownership determinations

Current through July 10, 2024
Authority: IC 4-13-16.5
Affected: IC 4-13-1; IC 4-13.6
Sec. 2.
In determining whether a qualifying member owns an
				  enterprise, the department shall consider all the facts in the record, viewed
				  as a whole to determine if the qualifying member owns the enterprise as defined
				  by
				  25 IAC
				  9-2-1(12).
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 9 - INDIANA VETERAN OWNED SMALL BUSINESSES › Rule 6 - Application Process; Requirements › Section 6-3 - Control determinations

Current through July 10, 2024
Authority: IC 4-13-16.5
Affected: IC 4-13-1; IC 4-13.6
Sec. 3.
(a) In
				determining whether qualifying members control an enterprise, the department
				will consider all the facts in the record, viewed as a whole.
(b) Only an independent business may be
				certified. An independent business is one, the viability of which does not
				depend on its relationship with another enterprise or enterprises.
(c) An IVOSB must not be subject to any
				formal restrictions, including, but not limited to, corporate charters, bylaws,
				or contracts; or informal restrictions that limit the customary discretion of
				the qualifying members.
(d) The
				qualifying members must possess the power to direct or cause the direction of
				the management and policies of the enterprise and possess the power to make
				day-to-day as well as long term decisions on matters of management, policy, and
				operations.
(e) The qualifying
				members of the enterprise may delegate various areas of the management,
				policymaking, or daily operations to other participants in the enterprise,
				regardless of whether these participants are qualifying members. Such
				delegations of authority must be revocable, and the qualifying members must
				retain the power to hire and terminate any person to whom the authority is
				delegated. The managerial role of the qualifying members in the enterprise's
				overall affairs must be such that the department can reasonably conclude that
				the qualifying members actually exercise control over the enterprise's
				operations, management, and policy.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 9 - INDIANA VETERAN OWNED SMALL BUSINESSES › Rule 6 - Application Process; Requirements › Section 6-4 - Another factor considered for certification

Current through July 10, 2024
Authority: IC 4-13-16.5
Affected: IC 4-13-1; IC 4-13.6
Sec. 4
. Only enterprises that perform a commercially useful
				  function, as set forth in
				  25
				  IAC 9-4-3(b), will be considered for
				  certification.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 9 - INDIANA VETERAN OWNED SMALL BUSINESSES › Rule 7 - Responsibilities; Certification › Section 7-1 - Enterprise's responsibility after being certified as an IVOSB

Current through July 10, 2024
Authority: IC 4-13-16.5
Affected: IC 4-13-1; IC 4-13.6
Sec. 1.
(a) Each
				certified enterprise must notify the department in writing within thirty (30)
				days of any change affecting the certified enterprise's qualifying membership,
				ownership, or control requirements, and of any other material change to the
				information provided in the application form such as the following:
(1) Changes in contact information including
				address, telephone number, and personnel.
(2) Changes to management responsibility
				among members of a limited liability company.
The notice must be given by completing and signing the state
				  form "Notice of Material Change to a Certified IVOSB". All relevant supporting
				  documentation must be attached. Failure to do so could lead to revocation of
				  the certification.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 9 - INDIANA VETERAN OWNED SMALL BUSINESSES › Rule 8 - Complaints; Revocation › Section 8-1 - Complaints and revocation of an enterprise's certification

Current through July 10, 2024
Authority: IC 4-13-16.5
Affected: IC 4-13-1; IC 4-13.6; IC
				  4-21.5-3-8
Sec. 1.
(a)
				Requirements for ineligibility complaints are as follows:
(1) Any person may file with the department a
				written complaint:
(A) alleging that a
				currently certified enterprise is ineligible; and
(B) specifying the alleged reasons why the
				enterprise is ineligible.
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 9 - INDIANA VETERAN OWNED SMALL BUSINESSES › Rule 8 - Complaints; Revocation › Section 8-2 - Revocation not due to a complaint

Current through July 10, 2024
Authority: IC 4-13-16.5
Affected: IC 4-13-1; IC 4-13-16.5-9; IC 4-13.6
Sec. 2.
(a)
				Revocation of certification can occur if, based on notification by the
				enterprise of a change in its circumstances, or other information that comes to
				the attention of the department, there is reasonable cause to believe that a
				currently certified enterprise is ineligible.
(b) The department may base a decision to
				revoke certification, on one (1) or more of the following and by adhering to IC
				4-13-16.5-9:
(1) Changes in the enterprise's
				circumstances since the certification of the enterprise by the department that
				render the enterprise unable to meet the eligibility standards of this
				rule.
(2) Information or evidence
				not available to the department at the time the enterprise was
				certified.
(3) Information that was
				concealed or misrepresented by the enterprise in previous certification actions
				by the department.
(4) A change in
				the certification standards or requirements since the enterprise was
				certified.
(5) A documented finding
				that the department's initial determination to certify the enterprise was
				clearly erroneous.
(6)
				Noncompliance with
				25
				IAC 9-4-4(e),
				25
				IAC 9-7-1(a), or
				25
				IAC 9-7-1(b).
Indiana Administrative Code › Title 25 - INDIANA DEPARTMENT OF ADMINISTRATION › Article 9 - INDIANA VETERAN OWNED SMALL BUSINESSES › Rule 9 - Review; Certification as an IVOSB › Section 9-1 - Review of determinations by the department regarding certification as an IVOSB

Current through July 10, 2024
Authority: IC 4-13-16.5
Affected: IC 4-13-1; IC 4-13.6; IC 4-21.5
Sec. 1.
(a) An
				enterprise whose application for certification has been denied shall be given
				notice of such action and shall be entitled to petition for review under the
				Indiana Administrative Orders and Procedures Act, IC 4-21.5, et seq.
(b) The administrative law judge or judges
				appointed to hear any matter arising under this rule shall have had no prior
				involvement in the review or preliminary determination of the matter
				heard.
(c) The ultimate authority
				under this article is the commissioner of the Indiana department of
				administration.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 1 - Definitions › Section 1-1 - Definitions

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19
Affected: IC 4-15-2.2
Sec. 1.
The definitions in IC 4-15-2.2 and the following definitions
				  apply throughout this article, unless the context requires another
				  meaning:
(1) "Demotion" means the
				change of an employee from one (1) class to another class having a lower
				maximum salary.
(2) "Hourly
				employee" means an employee appointed to a position:
(A) requiring less than half-time
				performance; and
(B) for which the
				employee is paid on an hourly basis.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 2 - Applications and Appointment › Section 2-1 - Applications; verification

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19
Affected: IC 4-15-2.2
Sec. 1.
(a)
				Application for employment shall:
(1) be made
				in the manner prescribed by the director; and
(2) require information covering experience
				and training and other pertinent information.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 2 - Applications and Appointment › Section 2-2 - Appointment

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19
Affected: IC 4-15-2.2
Sec. 2.
All appointments to positions shall be submitted to the
				  department in the prescribed form.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 2 - Applications and Appointment › Section 2-3 - Approval of appointments

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19
Affected: IC 4-15-2.2
Sec. 3.
If an employment offer is declined due to unauthorized
				  variations in offered pay rates or conditions of employment, the director may
				  cancel the subsequent appointment.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 2 - Applications and Appointment › Section 2-4 - Temporary and intermittent appointments

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19
Affected: IC 4-15-2.2
Sec. 4.
(a) In order
				to prevent stoppage of public business or loss or serious inconvenience to the
				public during an emergency, an appointing authority may make an emergency
				appointment of any qualified person, but notice shall immediately be given of
				the appointment to the director. Any such person shall be employed only during
				the emergency and for a period not exceeding ten (10) days. A vacancy of which
				the appointing authority has had reasonable notice, or an employment condition
				of which he or she had, or might with due diligence have had, previous
				knowledge, shall not be considered an emergency under which such emergency
				appointment may be made. No emergency appointment shall be renewed without
				express permission from the director.
(b) Whenever there is urgent need of an
				employee for a temporary period, the director may authorize a temporary
				appointment for a period not to exceed ninety (90) working days. Successive
				temporary appointments of the same person shall not be made. However, an
				employee may be reappointed at a later date if his or her total employment in a
				temporary position does not exceed ninety (90) working days in a twelve (12)
				month period. The period of temporary employment shall not be counted as part
				of the working test period.
(c)
				Whenever there is need for an employee on an irregular or "as needed" basis, a
				position may be filled by an intermittent appointment. This type of appointment
				is limited to one hundred eighty (180) working days in a twelve (12) month
				period unless an exception is:
(1) requested
				by the appointing authority prior to the appointment and annually thereafter;
				and
(2) approved by the state
				personnel department and state budget agency.
The period of intermittent employment shall not be counted as
				  part of the working test period.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 2 - Applications and Appointment › Section 2-5 - Transfer procedures

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19
Affected: IC 4-15-2.2
Sec. 5.
(a) An
				appointing authority may at any time assign an employee from one (1) position
				to another position in the same class under the appointing authority's
				jurisdiction.
(b) An appointing
				authority, with the approval of the director, may at any time transfer an
				employee to another class with essentially the same basic qualifications and
				the same salary range.
(c) With the
				approval of the director, an employee may transfer from the jurisdiction of one
				(1) appointing authority to another appointing authority. A promotion or
				demotion may be simultaneous with such a transfer. The new appointing authority
				shall assume all vacation, sick, and personal leave accrued by the transferred
				employee.
(d) Any employee
				transferring to a position in the state classified service must be fully
				qualified for the class to which the employee is transferred.
(e) Whenever an employee transfers from one
				(1) position to another position in the same classification or with the same
				pay range maximum, the beginning rate of pay in the new position shall not be
				more than the rate of pay the employee was receiving in the position from which
				he or she is being transferred, unless otherwise approved by the
				director.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 2 - Applications and Appointment › Section 2-6 - Promotional appointment

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19
Affected: IC 4-15-2.2
Sec. 6.
Preference may be given to promotion of employees over hiring
				  external candidates.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 2 - Applications and Appointment › Section 2-7 - Demotion

Current through July 10, 2024
Authority: IC 4-15-2.2-19
Affected: IC 4-15-2.2-35
Sec. 7.
A position may be filled by demotion of an employee in
				  accordance with
				  31 IAC 5-12-1
				  or IC
				  4-15-2.2-35.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 2 - Applications and Appointment › Section 2-8 - Underfilling positions in absence of qualified applicants

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19
Affected: IC 4-15-2.2
Sec. 8.
(a) The
				appointing authority may underfill a position. The underfilling employee must
				be qualified for the class to which he or she is appointed, which shall be in
				the same job category as the vacant position.
(b) A position that is allocated to a
				classification that requires admission to practice law in Indiana may be
				underfilled by a:
(1) student, actively
				enrolled in an American Bar Association approved law school; or
(2) person whose application for admission is
				pending.
However, an employee underfilling such a position must be
				  admitted to the legal profession as a prerequisite to being appointed to the
				  classification that requires admission to practice law in Indiana. Engaging in
				  the practice of law, prior to admission to the bar of the Indiana supreme
				  court, is prohibited.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 2 - Applications and Appointment › Section 2-9 - Recall

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19
Affected: IC 4-15-2.2; IC 4-15-2.4-41
Sec. 9.
A position may be filled by recall from layoff as provided in
				  IC 4-15-2.4-41.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 3 - Working Test and Service Ratings › Section 3-1 - Working test

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19
Affected: IC 4-15-2.2
Sec. 1.
(a) The
				working test period shall be:
(1) regarded as
				an integral part of the selection process for the state classified service;
				and
(2) utilized for:
(A) closely observing the employee's
				work;
(B) securing the most
				effective adjustment of a new employee to his or her position; and
(C) rejecting any employee who, in the
				opinion of the appointing authority, is unable or unwilling to perform
				satisfactorily or whose habits or dependability do not merit continuance in the
				state classified service.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 3 - Working Test and Service Ratings › Section 3-2 - Service ratings

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19
Affected: IC 4-15-2.2
Sec. 2.
Each appointing authority is to report, at periodic
				  intervals, service ratings for employees under his or her jurisdiction. The
				  director may:
(1) require that any or
				all ratings be substantiated; and
(2) prescribe the manner of making such
				substantiation.
Employees shall be informed of their service
				  ratings.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 4 - Classification Plan › Section 4-1 - Allocation of new position

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19
Affected: IC 4-15-2.2
Sec. 1.
When a new position is contemplated, the appointing authority
				  shall request establishment of the position before it may be filled and, except
				  as otherwise provided by this article, no person shall be appointed to or
				  employed in a position until the:
(1)
				position has been allocated to a class and approved by the director;
				or
(2) classification plan has been
				amended to provide therefor.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 4 - Classification Plan › Section 4-2 - Reallocation of positions

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19
Affected: IC 4-15-2.2
Sec. 2.
When the duties of a position are changed substantially, the
				  director may order a review of the position. Upon completing the review, the
				  director may order that the position be allocated to a more appropriate
				  established class.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 4 - Classification Plan › Section 4-3 - Effect of reallocation

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19
Affected: IC 4-15-2.2
Sec. 3.
When a position is reallocated, the incumbent shall be
				  continued in the position unless the incumbent is not qualified for appointment
				  to the new class.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 5 - Pay Plan › Section 5-1 - Salaries; changes

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19
Affected: IC 4-15-2.2
Sec. 1.
(a) The
				established minimum for a class normally shall be paid upon appointment to the
				class. However, employment at a salary above the established rate may be
				approved by the director and the state budget agency.
(b) Salary advancement within the established
				range shall be:
(1) dependent upon specific
				written recommendation; and
(2)
				based upon meritorious service as indicated by service ratings and other
				pertinent data.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 5 - Pay Plan › Section 5-2 - Payroll and attendance records

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19
Affected: IC 4-15-2.2
Sec. 2.
(a) Each
				appointing authority shall maintain an attendance record for each employee,
				which record shall be subject to audit by the state personnel department at any
				time.
(b) Payroll accounts bearing
				the:
(1) name and class title or corresponding
				code number; and
(2) amount to be
				paid every employee; shall be certified by the appointing authority or his or
				her designee.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 6 - Employee Awards System › Section 6-1 - Submission and review of suggestions

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19
Affected: IC 4-15-2.2
Sec. 1.
Suggestions may be submitted to the state personnel
				  department. If the employee is eligible for an award, the suggestion will be
				  forwarded to any agencies it would affect. The affected agencies shall return
				  the suggestion to the suggestion committee, with a statement of:
(1) its findings as to the viability of the
				suggestion;
(2) whether or not the
				suggestion will be implemented; and
(3) an estimate of the savings to be realized
				in the first year after implementation.
The director and the state budget agency may then authorize
				  payment of a suggestion award to the employee submitting the
				  suggestion.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 7 - Hours and Overtime › Section 7-1 - Work week; shifts

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19
Affected: IC
				  4-1-2-1;
				  IC 4-15-2.2
Sec. 1.
(a) The
				normal minimum working week shall be thirty-seven and one-half (37 1/2) hours
				except as otherwise established by:
(1)
				statute;
(2) specific ruling of the
				director; or
(3) section 8 of this
				rule.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 7 - Hours and Overtime › Section 7-2 - Overtime

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19
Affected: IC 4-15-2.2
Sec. 2.
Except as provided in section 8 of this rule:
(1) overtime shall comprise hours of work,
				rounded to the nearest quarter of an hour, in excess of thirty-seven and
				one-half (37 1/2) hours in a work week; and
(2) holidays, sick leave, vacation leave,
				personal leave, leaves of absence, compensatory time off, and time spent on
				call or in standby status shall not constitute hours of work or hours worked
				for purposes of this rule.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 7 - Hours and Overtime › Section 7-3 - Overtime eligible and exempt classes

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19
Affected: IC 4-15-2.2
Sec. 3.
The following are requirements for employees who are eligible
				  for overtime payment:
(1) Job
				categories or classifications who may normally be eligible for premium
				compensation for overtime shall be published in financial management circulars
				issued by the state personnel director and director of the state budget
				agency.
(2) Employees other than
				those included in subdivision (1) shall not be eligible for compensation for
				overtime except in the following circumstances:
(A) The state personnel director, with the
				approval of the state budget agency, may authorize compensation for overtime
				worked by employees not normally eligible when such overtime is worked
				according to prescribed policy or based on a special approval.
(B) Special approval to compensate overtime
				exempt employees can only be granted by the director and state budget
				agency.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 7 - Hours and Overtime › Section 7-4 - Rate of pay for overtime

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19
Affected: IC 4-15-2.2
Sec. 4.
Except as provided in section 6 of this rule, when an
				  eligible employee has worked overtime that is compensable under this rule,
				  payment for such overtime shall be made with the regular payment for that
				  period in which the overtime hours were worked as follows:
(1) Employees eligible for overtime
				compensation by reason of section 3(2) of this rule shall be paid for overtime
				at a straight-time rate equal to the employee's regular hourly pay rate
				multiplied by the number of overtime hours worked.
(2) Eligible employees whose regularly
				established minimum working week is thirty-seven and one-half (37 1/2) hours or
				less shall be paid for overtime at a straight-time rate equal to the employee's
				regular hourly pay rate multiplied by the number of overtime hours worked for
				all such overtime that comprises forty (40) or fewer total hours of work within
				the work week.
(3) Any overtime
				worked by an eligible employee, for which:
(A)
				straight-time payment is not provided by this section; or
(B) a different decision rule is provided by
				section 8 of this rule; shall be paid at a time and a half rate equal to one
				and one-half (1 1/2) times the employee's regular hourly pay rate multiplied by
				the number of such overtime hours worked.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 7 - Hours and Overtime › Section 7-5 - Additional compensable time other than overtime

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19
Affected: IC 4-15-2.2
Sec. 5.
Requirements for payment for additional hours of work other
				  than overtime shall be as follows:
(1)
				All employees whose regularly established work schedule is less than full time
				shall be paid for hours worked or hours worked together with:
(A) sick leave;
(B) vacation leave;
(C) personal leave;
(D) holidays;
(E) compensatory time off; or
(F) leaves of absence with pay; during the
				pay period, which are in addition to the employee's normal work schedule but
				which do not exceed the total number of hours of work in the regularly
				established work schedules of employees working full time in comparable
				positions within the same agency or department. Payment for such additional
				hours of work shall be made with the regular payment for that pay period in
				which the additional hours were worked, at a straight-time rate equal to the
				employee's regular hourly pay rate multiplied by the number of additional hours
				worked.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 7 - Hours and Overtime › Section 7-6 - Compensatory time off

Current through July 10, 2024
Authority: IC 4-15-2.2-19
Affected: IC 4-15-2.2
Sec. 6.
Requirements for compensatory time off shall be as
				  follows:
(1) Rate of accrual to
				include the following:
(A) Employees eligible
				for overtime compensation under section 3(1) of this rule may be granted
				compensatory time off in lieu of monetary payment for anticipated or earned
				overtime work for:
(i) overtime normally
				compensable under section 4(3) of this rule, compensatory time off shall be
				granted at a time and a half rate; and
(ii) additional hours of work other than
				overtime, that is, that which is normally compensable under section 4(2) or
				5(2) of this rule, compensatory time off shall be granted at a straight-time
				rate.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 7 - Hours and Overtime › Section 7-7 - Regulation by budget agency

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19
Affected: IC 4-15-2.2
Sec. 7.
The director of the state budget agency, in such manner as is
				  deemed necessary, may regulate the amounts of overtime to be worked in any
				  agency or institution. Such regulation of overtime work may include a
				  requirement that any or all overtime work, prior to its assignment, must be
				  approved by the state budget agency.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 7 - Hours and Overtime › Section 7-8 - Law enforcement

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19
Affected: IC 4-15-2.2
Sec. 8.
(a) The
				appointing authority of an employee engaged in law enforcement activities
				(including security personnel in correctional institutions) may, with prior
				written approval of the director and state budget agency, elect to establish
				work periods and compensate overtime eligible employees in accordance with
				29
				U.S.C. 207(k) and 29 CFR
				Part 553 Subpart C, in lieu of section 2 of this rule.
(b) For overtime eligible police officers,
				whose employer elects this option and a work period of twenty-eight (28)
				consecutive days, the regular work schedule will be one hundred seventy (170)
				hours. Additional straight time shall be paid, or compensatory time off
				accrued, for compensable time in excess of the one hundred seventy (170) hours.
				Overtime compensation at a premium (time and one-half) (1 1/2) rate is due for
				hours worked in excess of one hundred seventy-one (171) hours, in the
				twenty-eight (28) day work period.
(c) For overtime eligible security personnel
				in correctional facilities, overtime compensation at the rate indicated below
				must be paid for all hours worked in excess of the following hours standard:
(1) If the department of correction elects
				this option and a work period of seven (7) consecutive days, the regular work
				schedule will be thirty-seven and one-half (37.5) hours. Additional straight
				time shall be paid, or compensatory time off accrued, for compensable time in
				excess of the thirty-seven and one-half (37.5) hours. Overtime compensation at
				a premium (time and one-half) (1 1/2) rate is due for hours worked in excess of
				forty-three (43) hours, in the seven (7) day work period.
(2) If the department of correction elects
				this option and a work period of fourteen (14) consecutive days, the regular
				work schedule will be seventy-five (75) hours. Additional straight time shall
				be paid, or compensatory time off accrued, for compensable time in excess of
				the seventy-five (75) hours. Overtime compensation at a premium (time and
				one-half) (1 1/2) rate is due for hours worked in excess of eighty-six (86)
				hours, in the fourteen (14) day work period.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 7 - Hours and Overtime › Section 7-9 - Record keeping

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19
Affected: IC 4-15-2.2
Sec. 9.
The following are requirements for record keeping:
(1) Every appointing authority shall keep and
				preserve, for at least three (3) years, payroll or other records containing the
				following information and data with respect to each and every employee:
(A) Name in full and, on the same record, the
				employee's identifying symbol or number if such is used in place of name on any
				time, work, or payroll records. This shall be the same name as that used for
				Social Security record purposes.
(B) Home address, including zip
				code.
(C) Date of birth, if under
				nineteen (19) years of age.
(D) Sex
				and occupation in which employed (sex may be indicated by use of the prefixes,
				Mr., Mrs., Ms., or Miss).
(E) Time
				of day and day of week on which the employee's work period begins. If the
				employee is part of a work force or employed in or by an establishment all of
				whose workers have a work week beginning at the same time on the same day, a
				single notation of the time of the day and beginning day of the work week for
				the whole work force or establishment will suffice. If, however, any employee
				or group of employees has a work week beginning and ending at a different time,
				a separate notation shall then be kept for that employee or group of
				employees.
(F) Pay:
(i) regular hourly rate of pay for any week
				when overtime is worked and overtime excess compensation is due;
(ii) basis on which wages are paid;
				and
(iii) the amount and nature of
				each payment that is excluded from the regular rate (these records may be in
				the form of vouchers or other payment data).
(G) Hours worked each work day and total
				hours worked each work week. As used in this section, "work day" means any
				consecutive twenty-four (24) hours.
(H) Total daily or weekly straight-time
				earnings or wages, that is, the total earnings or wages due for hours worked
				during the work day or work week, including all earnings or wages due during
				any overtime worked, but exclusive of overtime excess compensation.
(I) Total overtime excess compensation for
				the work week, that is, the excess compensation for overtime worked which
				amount is over and above all straight-time earnings or wages also earned during
				overtime worked.
(J) Total
				additions to or deductions from wages paid each pay period. Every employer
				making additions to or deductions from wages shall also maintain, in individual
				employee accounts, a record of the dates, amounts, and nature of the items that
				make up the total additions and deductions.
(K) Total wages paid each pay
				period.
(L) Date of payment and the
				pay period covered by payment.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 8 - Leaves › Section 8-1 - Holidays

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19
Affected: IC 1-1-9; IC 4-15
Sec. 1.
(a)
				Employees shall be compensated for holidays established by statute or
				officially proclaimed by the governor.
(b) Notwithstanding subsection (a), teachers
				employed by the Indiana School for the Blind and Visually Impaired (ISBVI) or
				Indiana School for the Deaf (ISD) shall accrue holidays in accordance with the
				holiday policy of Indianapolis Public Schools. ISBVI and ISD teachers are not
				eligible for additional holidays set for state employees under IC 1-1-9, IC
				4-15, or this rule.
(c) The first
				day of week, commonly called Sunday, shall not be a holiday within the meaning
				of this rule.
(d) Any employee who
				is required to work on a holiday shall be paid for such work at a straight-time
				rate, with the regular payment for that pay period in which the holiday occurs,
				or, at the option of the appointing authority, may be credited with
				compensatory time off. Unless otherwise authorized by the director and the
				state budget agency, all such compensatory time off:
(1) shall be scheduled by the appointing
				authority; and
(2) must be taken
				within the pay period in which the holiday occurs.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 8 - Leaves › Section 8-2 - Vacation leave

Current through July 10, 2024
Authority: IC 4-15-2.2-19
Affected: IC 4-15; IC 5-10.3-8-14
Sec. 2.
(a) Vacation
				leave with pay shall be earned by full-time employees at the rate of seven and
				one-half (7.5) hours for each full month of employment. Employees working at
				least half time, but less than a full-time basis, shall earn vacation at the
				rate of three and three-fourths (3.75) hours a month. Vacation will not be
				credited to hourly, per diem, temporary, intermittent, contractual, or
				employees working less than half time.
(b) Notwithstanding subsection (a), teachers
				employed by the Indiana School for the Blind and Visually Impaired (ISBVI) or
				Indiana School for the Deaf (ISD) accrue vacation leave in accordance with the
				vacation leave policy of Indianapolis Public Schools. ISBVI and ISD teachers
				are not eligible for vacation leave set for state employees under IC 4-15 or
				this rule.
(c) Eligibility for
				additional vacation days shall be as follows:
(1) Employees who have completed five (5)
				years or more of full-time employment, or ten (10) years or more of half-time
				employment, shall accrue twenty-two and one-half (22.5) additional hours of
				vacation leave with pay annually on their accrual date.
(2) Employees who have completed ten (10)
				years or more of full-time employment, or twenty (20) years or more of
				half-time employment, shall accrue thirty-seven and one-half (37.5) additional
				hours of vacation leave with pay (twenty-two and one-half (22.5) plus
				thirty-seven and one-half (37.5) for a total of sixty (60) additional hours)
				annually on their accrual date.
(3)
				Employees who have completed twenty (20) years or more of full-time employment,
				or forty (40) years or more of half-time employment, shall accrue thirty-seven
				and one-half (37.5) additional hours of vacation leave with pay (twenty-two and
				one-half (22.5) plus thirty-seven and one-half (37.5) plus thirty-seven and
				one-half (37.5) for a total of ninety-seven and one-half (97.5) additional
				hours) annually on their accrual date.
(4) Time spent in out-of-pay status, except
				for military service, shall be deducted from total service time in computing
				eligibility for additional vacation leave.
(5) Noncontinuous service prior to June 30,
				1982, shall not be considered in determining eligibility for additional
				vacation leave.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 8 - Leaves › Section 8-3 - Sick leave; definition; accrual

Current through July 10, 2024
Authority: IC 4-15-2.2-19
Affected: IC 4-15-2.2
Sec. 3.
(a) "Sick
				leave" means an absence from duty of any employee because of personal illness,
				injury, or legal quarantine. Sick leave may also be used for the following:
(1) An illness or injury in the employee's
				immediate family that necessitates the employee's absence from work. For this
				purpose, "immediate family" means spouse, child, or parent.
(2) The illness or injury of a person who:
(A) lives in the same household with the
				employee; and
(B) is dependent upon
				the employee for care.
The director or appointing authority may at any time require
				  of an employee a medical certificate from the attending physician or a
				  designated physician, documenting the nature and extent of the disability or
				  fitness to return to duty. The cost of such certification from a designated
				  physician shall be the responsibility of the appointing authority. Sick leave
				  may be granted if accrued and shall be charged in fifteen (15) minute
				  increments.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 8 - Leaves › Section 8-4 - Personal leave

Current through July 10, 2024
Authority: IC 4-15-2.2-19
Affected: IC 4-15-2.2
Sec. 4.
(a)
				"Personal leave" means an absence from duty with pay for personal
				reasons.
(b) Personal leave shall
				accrue to full-time employees at the rate of seven and one-half (7.5) hours for
				every four (4) months of full-time employment and to part-time employees
				working at least half time at the rate of three and three-fourths (3.75) hours
				for every four (4) months of service. Personal leave shall not be granted to
				hourly, per diem, temporary, intermittent, contractual, or employees working
				less than half time.
(c) No
				employee may accrue a personal leave balance in excess of twenty-two and
				one-half (22.5) hours. If an employee is otherwise eligible to accrue personal
				leave, but the accrual thereof would increase his or her account balance beyond
				the twenty-two and one-half (22.5) hour limit, the personal leave shall be
				credited to the employee's accrued sick leave balance.
(d) The appointing authority may establish
				procedures for employees to follow in securing authorization for absence on
				personal leave.
(e) On separation,
				compensation for unused personal leave is only permitted under the retiree
				leave conversion program described in 31 IAC 5-10.
(f) An employee who resigns in good standing
				and is subsequently rehired shall have reinstated any personal leave that was
				accrued but unused and uncompensated at the time of resignation.
(g) In recognition of the fact that certain
				police officers have a standard work day of eight and one-half (8.5) hours
				instead of seven and one-half (7.5) hours, the references to the numbers of
				hours in this section shall be converted for those police officers who are
				subject to
				31 IAC 5-7-8(b)
				 as follows:
Hours Stated in this Section
Hours Converted for Police Officers
3.75
4.25
7.5
8.5
22.5
25.5
If an employee transfers into or out of affected police
				  officer positions, the employee's leave balances will be adjusted
				  proportionately to reflect the change in the number of hours of the standard
				  work day.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 8 - Leaves › Section 8-5 - Occupational disease or injury; adjustment of compensation payments

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19
Affected: IC 4-15-2.2
Sec. 5.
In cases of occupational disease or injury suffered in line
				  of duty in which the employee elects to use accumulated vacation, sick leave,
				  personal leave, or overtime prior to the commencement of worker's compensation
				  payments, the amount of leave charged shall be reduced in the ratio of worker's
				  compensation payments to total salary. This applies to the seven (7) day
				  waiting period if it is determined to be compensable. If vacation, sick leave,
				  personal leave, or overtime is used concurrently with worker's compensation
				  payments in order to pay full salary, the amount of leave charged shall be on
				  the basis of the amount paid not covered by the worker's compensation
				  payment.
Indiana Administrative Code › Title 31 - STATE PERSONNEL DEPARTMENT › Article 5 - STATE EMPLOYEES › Rule 8 - Leaves › Section 8-6 - Paid leave

Current through July 10, 2024
Authority: IC
				  4-15-2.2-19
Affected: IC 4-15-2.2
Sec. 6.
(a) Subject
				to prior approval by the director, an appointing authority may authorize leave
				with pay for an employee for the purpose of securing special education or
				training, other than departmental in-service, directly appropriate to the
				employee's position, and which will result in benefit to the state.
(b) The appointing authority may allow leave
				with pay, not to exceed the employee's next three (3) regularly scheduled work
				days, in the event of the death of any relative specified in this section. The
				amount of time granted ordinarily will depend upon the closeness of
				relationship to the deceased and amount of travel necessitated by attendance at
				the funeral. Such leave may be granted upon the death of a:
(1) husband;
(2) wife;
(3) father;
(4) mother;
(5) son;
(6) daughter;
(7) brother;
(8) sister;
(9) grandparent;
(10) grandchild;
(11) spouse of any of these; or
(12) person living in the same household with
				the employee.
For married employees, these members of the spouse's family
				  are included.