Title 2 . Administration

Chapter 7 . Public Information

Section 235. Nonpreferential appointment rights without public notice, including transfer and rehire

2 AAC 07.235. Nonpreferential appointment rights without public notice, including transfer and rehire

(a) If not required to be filled under the provisions of 2 AAC 07.226 - 2 AAC 07.228, a vacancy may be filled without public notice by one of the means established in this section.

(b) An employee may be transferred within a department or to a different department. Any transfer that includes a change in location affected for the good of the service without the consent of the employee must be approved by the director. The intradepartmental or interdepartmental transfer of an employee does not change the employment status of the transferred employee.

(c) An employee who separated in good standing while holding a permanent or probationary appointment may be re-employed in the same job class or in a lower class in the same series without assessment within two years after the employee's date of separation.

(d) If the state has entered into a collective bargaining agreement that provides for appointment to be made under provisions of the agreement that are not consistent with the provisions of this section, an appointing authority may appoint a person under the terms of the collective bargaining agreement.

(e) The director may, solely at the director's discretion, designate job classes for which an appointing authority may request referrals for appointment from the Department of Labor and Workforce Development.

(f) If the vacancy exists because the position has been reallocated from another job class, an appointing authority may appoint the incumbent of the reallocated position to the new job class if the incumbent of the reallocated position meets the minimum qualifications of the new job class. The provisions of this subsection do not limit the appointing authority from filling the position through other means authorized in this section.

(g) An appointing authority may appoint a person who has a severe disability, as determined by the director of vocational rehabilitation, to a job class for which the person meets the minimum qualifications in provisional status for a period not to exceed four months within a 12-month period.

(h) If in the best interest of the state, and at the director's sole discretion, a current or former state employee who is receiving workers' compensation benefits, who is receiving disability retirement benefits or who has applied for disability retirement benefits, relating to their state employment, may be placed in a position in a job class for which the individual meets the minimum qualifications and is capable of performing the essential functions of the position.

(i) As authorized by AS 39.25.195 (b), in appropriate circumstances, the director may waive the requirement of using the public announcement process of 2 AAC 07.056 in filling non-permanent positions.

History: Eff 6/4/2004, Register 175; am 8/25/2005, Register 175

Authority: AS 39.25.070

AS 39.25.140

AS 39.25.150

AS 39.25.195

Editor's note: Even though the changes to 2 AAC 07.235 were effective 6/4/2004, they were not published until Register 175, Oct. 2005.