2 AAC 07.227. Preferential rights due to layoff

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.

History: Eff. 4/23/2004, Register 175

Authority: AS 39.25.070

AS 39.25.140

AS 39.25.150

Editor's note: Even though the adoption of 2 AAC 07.227 was effective 4/23/2004, it was not published until Register 175, Oct. 2005.

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