Skip to main content
Back To Top Top Back To Top
This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 123:1-25 | Transfers, Reinstatements, and Seasonal Positions

 
 
 
Rule
Rule 123:1-25-01 | Transfers and intra-transfers in classified service.
 

(A) Employees in the classified service of an agency of the state government who have satisfactorily completed their probationary period may be transferred to a position having the same rate of pay and similar duties in another agency of the state government upon request of the two appointing authorities concerned, with consent of the employee and approval of the director of administrative services. When supported by the business needs of the appointing authority of the agency to which the transfer is made, such transfer may be made without the approval of the appointing authority of the agency from which the transfer is made.

(B) Within an agency of the state, an employee in the classified service may be intra-transferred where the positions involved have the same classification title.

(C) Any of the types of transfer defined in this rule may be permanent or temporary. Temporary transfers of thirty days or less may be made without the consent of the employee. The employee has no right to appeal such temporary transfer unless the employee receives another temporary transfer within a six-month period.

(D) Temporary transfers for periods of more than thirty days and less than ninety-one days may be made only with written consent of the employee.

(E) A "permanent transfer" is any transfer in excess of thirty days unless the employee has consented to a longer period not exceeding ninety days.

(F) Employees who are the subject of a transfer will be provided a written notice of the transfer and the reasons for it at least fourteen calendar days prior to the effective date of the transfer except where an emergency renders it impractical. Requests for approval of all transfers will be submitted to and approved by the director of administrative services or the director's designee, and/or the civil service commission, as applicable. Each transfer action will state the circumstances that make the transfer necessary for the efficient operation of the agency. No permanent transfer is to take effect until approval is secured by the initiating appointing authority from the director of administrative services. The word "transfer" as used in this rule does not include any job reassignment within the same classification and within the same appointing authority that takes place in and involves a move to a different job location in the same county.

(G) The following classes have been designated as those where changes in the location of the state agency's employee's work assignment are necessary based on the duties of the classification:

Classification NumberClassification Title
16751Unemployment Compensation Examiner 1
16752Unemployment Compensation Examiner 2
16753Unemployment Compensation Examiner/Specialist 1
16754Unemployment Compensation Examiner/Specialist2
23511Enforcement Agent
23515Enforcement Assistant Agent-in-Charge
23516Enforcement Agent-in-Charge
23521Liquor Control ComplianceOfficer
23525Liquor Control Compliance Supervisor1
23526Liquor Control Compliance Supervisor 2
26121Criminal Investigator1
26122Criminal Investigator 2
26210InvestigatorAssistant
26211Investigator
26216Investigation Supervisor 1
26217Investigation Supervisor2
26711Highway Patrol Trooper
63123Program Administrator2
63124Program Administrator 3
63131Administrative Officer1
63132Administrative Officer 2
63133Administrative Officer3
63471Labor Relations Officer 1
63472Labor Relations Officer2
63473Labor Relations Officer 3
64612Human Capital ManagementAnalyst
64613Human Capital Management SeniorAnalyst
66111Accountant/Examiner 1
66112Accountant/Examiner2
66113Accountant/Examiner 3
66114Accountant/Examiner4
66115Accountant/Examiner Supervisor 1
66116Accountant/Examiner Supervisor2
66126Unemployment Contribution Assistant Supervisor
66131Unemployment Compensation ComplianceAuditor
66136Unemployment Compensation Compliance Audit Supervisor1
66140Financial Institution Examiner Trainee
66141Financial InstitutionExaminer 1
66142Financial Institution Examiner 2
66143Financial Institution Examiner3
66144Financial Institution Examiner 4
66145Financial Institution Examiner5
66146Financial Institution Specialist 1
66147Financial InstitutionSpecialist 2
66148Financial Institution Administrator
66149Financial Institution DeputySuperintendent
66151Assistant Auditor 1
66152Assistant Auditor2
66153Assistant Auditor 3
66155Assistant Auditor Supervisor1
66156Assistant Auditor Supervisor 2
66157Assistant Auditor Manager1
66158Assistant Auditor Manager 2
66181Assistant IT Auditor1
66182Assistant IT Auditor 2
66183Assistant IT Auditor3
66411Internal Auditor 1
66412Internal Auditor2
66413Internal Auditor 3
66415Internal Audit Supervisor1
66416Internal Audit Supervisor 2
66417Internal Audit ProgramManager
66421Internal EDP Auditor 1
66422Internal EDP Auditor2
66425Internal EDP Audit Supervisor
66431Workers' Compensation ExternalAuditor
66435Workers' Compensation External Auditor/EmployeeServices Supervisor
66536Fiscal Officer 2
66537Fiscal Officer3
66538Fiscal Officer 4
84511Appraiser 1
84512Appraiser 2
84513Appraiser3
84514Appraisal Specialist
84521Realty Specialist1
84522Realty Specialist 2
84523Realty Specialist3
84525Realty Specialist Supervisor
84526Realty SpecialistManager
84531Property ManagementSpecialist
84571Permit Technician 1
84572Permit Technician2
84575Permit Technician Supervisor
84581Utilities Relocation Technician1
84582Utilities Relocation Technician 2
84583Utilities RelocationTechnician 3
84592Real Estate Specialist
84595Real Estate SpecialistSupervisor
84596Real Estate Administrator 1
84597Real Estate Administrator2
84598Real Estate Administrator 3

A person considered for appointment to a position in such classes will be informed of this policy in writing at the time of appointment or at the time of an examination. Those persons serving in such positions at the time of the adoption of this rule will be informed of this rule in writing. The director will approve such transfers without the submission of additional evidence. An employee serving in any of these classes will have no right of appeal under paragraph (K) of this rule, but will be given written notice of the transfer as provided in paragraph (F) of this rule. Transfers made under this paragraph will be considered temporary transfers as defined in paragraphs (C) and (D) of this rule and be subject to the same restrictions placed on other temporary transfers. In no case will transfers initiated under this paragraph be regarded as permanent.

(H) In the case of a request to transfer a state employee permanently, the director will approve the transfer only if it is determined to be necessary for the efficient operation of the work unit to which the employee would be transferred.

(I) In the case of a state employee's permanent transfer, where the director determines that there is a need for a permanent change of residence, the employee will be paid the actual and necessary expenses of moving to his or her new location. In addition, the employee will be paid the regular per diem rate for in-state travel as established by the office of budget and management until his or her residence can be moved to his new location, but for not more than thirty days. The employee will notify his or her appointing authority and the director of administrative services of his or her intent to move or not to move his or her place of residence within thirty days of receiving notification from the director of administrative services that a change of residence is necessary, unless an appeal is pending, and such move will be completed within six months. If the employee chooses not to move his or her residence but commutes to the new job location from his or her former residence, no payment of moving expenses and no per diem payment will be made. If the employee appeals the transfer, payment of moving expenses will be delayed until a decision is rendered by the state personnel board of review. The appointing authority will have the option of selecting or rejecting from among three or more moving estimates to relocate the employee, and may ask the employee to obtain additional estimates.

(J) During the period of a state employee's temporary transfer or during the first thirty days of a permanent transfer pending the relocation of the state employee's residence, the appointing authority will pay the state employee's travel expenses in accordance with the office of budget and management travel expense regulations in effect at the time of transfer.

(K) An employee who has been notified in writing that he or she is to be transferred may, within ten days of receipt of such notice, file an appeal with the personnel board of review. While the appeal of an employee is pending before the personnel board of review, the employee will have the obligation to comply with the transfer. In any case where the employee has relocated his or her residence pursuant to a permanent transfer and the rule of the board is that such transfer is not justified, the employee will be fully reimbursed for the cost of relocating, as well as the cost of returning his or her residence to the original location.

Last updated August 5, 2024 at 7:33 AM

Supplemental Information

Authorized By: 124.09
Amplifies: 124.31, 124.32, 124.33
Five Year Review Date: 5/15/2029
Prior Effective Dates: 11/10/1996
Rule 123:1-25-02 | Reinstatements after resignation.
 

An employee in the classified service who resigns, having served the necessary probationary period, may be reinstated to the same or a similar position in that agency, at any time within one year from the date of such resignation upon approval of the director of administrative services. An employee who is reinstated from resignation following a break in service will be given an appointment date based on the date of reinstatement.

Last updated August 14, 2024 at 11:24 AM

Supplemental Information

Authorized By: 124.09
Amplifies: 124.32
Five Year Review Date: 5/15/2029
Prior Effective Dates: 5/1/1966
Rule 123:1-25-04 | Seasonal positions.
 

All positions in the competitive class, where the nature of the work is such that the service is not continuous throughout the year, but recurs in each successive calendar year, are designated as "seasonal" positions. Any person appointed to a seasonal position under the provisions of the civil service law, and who has been temporarily separated from the service during the inactive season, will be entitled to employment in the same position in each ensuing year, provided the person is not in the meantime disqualified for any cause from performing the duties of the position. Any person appointed to a seasonal position, who is not assigned to work for a period of one year due to lack of work or the person's refusal of available work, will be deemed ineligible for further assignment as a seasonal employee.

Last updated August 14, 2024 at 11:24 AM

Supplemental Information

Authorized By: 124.09
Amplifies: 124.32
Five Year Review Date: 5/15/2029
Prior Effective Dates: 5/1/1966
Rule 123:1-25-07 | Temporary reassignment of duties.
 

(A) The director of transportation may assign an employee of the department of transportation holding a position in the classified service of the state to duties other than those assigned to the position to which the employee has been legally appointed. The director of transportation will obtain prior approval of the assignment from the director of administrative services. The assignment will not exceed one thousand hours per calendar year, exclusive of overtime.

(1) Such a reassignment will be made with the consent of the employee except in the case of a weather emergency proclaimed by the governor or when the director of the department of transportation deems that the reassignment is necessary due to an unusual situation requiring immediate action.

(2) Such a reassignment will be due to the temporary characteristics of the work situation and the duties will be for the efficient management of the department or for the maintenance of the highways in the interest of the safety of the traveling public.

(3) No employee currently serving in an original probationary period may be considered for temporary work assignment.

(4) The director of transportation will submit to the director of administrative services the classifications in which such assignments are necessary for the efficient operation of the department of transportation.

(B) Prior to a temporary assignment of work duties, the director of transportation will certify to the director of administrative services that:

(1) The employee is qualified and physically able to perform the assigned duties;

(2) The temporary assignment of work duties is necessary for the efficient operation of the department of transportation;

(3) The employee has received notice of the temporary assignment of work duties;

(4) The temporary assignment of work duties will neither cause a layoff nor a job displacement of any other person;

(5) The temporary assignment of work duties will not prevent the hiring of any other person from an eligible list; and

(6) The employee has consented to the temporary assignment or that the governor has proclaimed a weather emergency or that the director of the department of transportation has determined that an unusual situation necessitating immediate action exists.

(C) If the number of eligible employees who consent to such temporary assignment exceeds the number of employees needed for the temporary assignment, the director of transportation will assign the employees on the basis of seniority.

(D) No employee who is temporarily assigned work duties under this rule will suffer any loss of pay, position, diminution of position, service rights, or benefits as a result of such temporary assignment. Any employee who is temporarily transferred from his permanently assigned position to a temporary position will be reimbursed for excess travel to and from work during the period of reassignment at the rate per mile set by the director of the office of budget and management.

(E) No employee will be temporarily assigned duties under this rule if such duties are those of a higher classification or any classification compensated at a higher pay range than that to which the employee is legally appointed, except as specified by administrative rule.

(F) The annual performance evaluation of an employee temporarily assigned duties under this rule will be made as of the employee's usual evaluation date and will exclude the employee's performance of the temporarily assigned duties.

Last updated August 14, 2024 at 11:24 AM

Supplemental Information

Authorized By: 124.09
Amplifies: 124.32
Five Year Review Date: 5/15/2029