Recruiting and Staffing
1-6-1. Registration for employment. Each person seeking
employment with the state shall register on forms prescribed by the director, and these
forms may be submitted or updated at any time. Registering with the state shall not
constitute applying for a vacancy. (Authorized by K.S.A. 1994 Supp. 75-3747; implementing
K.S.A. 75-2944, as amended by 1995 SB 175, § 9, K.S.A. 75-2939, as amended by 1995 SB
175, § 5 and K.S.A. 75-2942 as amended by 1995 SB 175, § 7; effective May 1, 1979;
amended May 1, 1981; amended Dec. 17, 1995.)
1-6-2. Recruitment. (a)(1) For each classified vacancy to be filled, the appointing authority shall post a job requisition on the central notice of vacancy report administered by the director, except as provided in subsection (b).
(A) Each job requisition posted on the central notice of vacancy report shall be open to applications from the following individuals:
(i) employees within the agency that is posting the job requisition;
(ii) persons in the reemployment pool; and
(iii) persons who separate from state service due to a permanent disability for which the employee receives disability benefits from either the Kansas public employee retirement system or the United States social security administration.
(B) The appointing authority may then determine whether recruitment will also be conducted among the following additional groups of individuals:
(i) all state employees and persons eligible for reinstatement; or
(ii) all state employees, persons eligible for reinstatement, and the general public.
(2) Notices of the vacancy shall be made available to all agency personnel offices. Appropriate and reasonable distribution within each agency shall be the responsibility of the appointing authority.
(3) The appointing authority, within guidelines established by the director, shall establish a period of time in which applications will be accepted for each vacancy.
(b) Notices of a vacancy shall not be required under any of the following conditions:
(1) A temporary position is to be filled.
(2) A position is to be filled by demotion or transfer.
(3) A position is to be reallocated.
(4) A governor’s trainee position is to be filled.
(5) The director determines that, for good cause, a notice is not in the best interests of the state.
(c) All job postings, announcements, and advertisements for vacancies in safety-sensitive positions as defined in K.S.A. 75-4362, and amendments thereto, or commercial driver positions as defined in K.A.R. 1-2-20, shall include a statement regarding the drug testing requirements set forth in K.A.R. 1-6-32, K.A.R. 1-6-33, K.A.R. 1-9-19a, and K.A.R. 1-9-25. (Authorized by K.S.A. 75-3706, K.S.A. 2005 Supp. 75-3747, and 75-4362; implementing K.S.A. 75-2939, 75-2942, 75-2943, 75-2944, 75-2945, 75-3707, 75-3746 and K.S.A. 2005 Supp. 75-4362; effective May 1, 1979; amended May 1, 1981; amended May 1, 1983; amended, T-1-10-28-88, Oct. 31, 1988; amended Dec. 18, 1988; amended April 13, 1992; amended Dec. 17, 1995; amended Aug. 1, 1997; amended June 5, 2005; amended Sept. 29, 2006.)
1-6-3. Filling vacancies. (a) For each classification, required selection criteria
shall be established by the director concerning education, experience, age,
physical requirements, character, and other factors that are related to ability
to perform satisfactorily the duties of positions in the class. Each required
selection criterion shall relate directly to the duties of positions in the
class. Optional selection criteria may be established by the director for one or
more classes, which may be designated by the appointing authority as preferred
or required for particular positions in the classes.
(b) Each applicant certified to the pool of eligible candidates shall meet the
required selection criteria for that class and position at the time of
hire. If the required selection criteria for a class or position includes a
degree requirement, any applicant who is expected to complete the degree
requirement by the end of the current academic term may be certified to the pool
of eligible candidates for that class or position and extended a conditional
offer of employment. The applicant shall meet the degree requirement at the time
of hire.
(c) Any agency may establish preferred selection criteria, in
addition to those provided under subsection (a), in order to determine the capacity and fitness
of each eligible candidate in the pool to perform the position's specific duties
(Authorized by K.S.A. 2001 Supp. 75-3747; implementing K.S.A. 75-2939, K.S.A.
75-2943, and K.S.A. 75-2944; effective May 1, 1979; amended Dec. 17, 1995;
amended June 7, 2002.)
1-6-4 to 1-6-5.
(Authorized by K.S.A. 75-3747; effective May 1, 1979; revoked Dec. 17, 1995.)
1-6-6.(Authorized by K.S.A. 1982 Supp.
75-3747; implementing K.S.A. 1982 Supp. 75-2944; effective May 1, 1979; amended May 1,
1983; revoked Dec. 17, 1995.)
1-6-7. Disqualification of applicants and
candidates. (a) Any applicant or candidate may be disqualified by the director in the
following circumstances. The director may refuse to assess an applicant or a candidate, or
may refuse to place a candidate in the eligible pool, or may remove a candidate from the
eligible pool when the applicant or candidate has been dismissed from employment with the
state for delinquency or misconduct, or fails to furnish a complete application or any
information requested by the director, or for any of the reasons stated in K.S.A. 75-2940.
(b) Whenever the director disqualifies an applicant or candidate from any part of the
employment process, a statement of the reasons for the disqualification shall be provided
by the director. The applicant or candidate shall be provided an opportunity to respond in
writing or to appear before the director within 14 calendar days to provide cause why the
action should not be taken.
(c) The applicant or candidate may request in writing, within 30 days from the date of the
disqualification, a hearing before the civil service board to determine the reasonableness
of the action. The board shall, within a reasonable period, grant the applicant or
candidate a hearing. (Authorized by K.S.A. 1994 Supp.75-3747; implementing K.S.A. 75-2940,
as amended by 1995 SB 175, § 6; effective May 1, 1979; amended May 1, 1981; amended May
1, 1983; amended Dec. 17, 1995.)
1-6-8. Selection instruments.
(a) Each appointing authority shall develop selection instruments to fairly
assess the capacity and fitness of applicants to perform the duties of the
position in which employment is sought. Selection instruments may include
ratings of training, experience, and other qualifications, written tests,
performance tests, interviews, physical fitness tests, assessment center
evaluations, medical examinations, or other selection procedures. In
accordance with these regulations, the appointing authority shall be
responsible for developing, maintaining, and validating selection instruments
and shall make all selection instruments, procedures, records, or other
selection materials available to the director upon request. Any agency, upon
request, may be assisted by the director in developing, maintaining, and
validating selection instruments. Selection instruments may also be developed,
maintained, and validated by the director.
(b) Promotional selection instruments shall include, in addition to any or all
of the selection instruments identified above, consideration of the
applicant's performance and length of service.
(c) Subject to policies established by the appointing authority to protect the
confidentiality of information obtained by using the selection instruments,
the document or records containing this information may be inspected by the
applicant.
(d) This regulation shall be effective on and after June 5, 2005. (Authorized
by K.S.A. 2004 Supp. 75-3747; implementing K.S.A. 75-2939, 75-2942, 75-2943
and 75-3746; effective May 1, 1979; amended Dec. 17, 1995; amended Aug. 1,
1997; amended June 5, 2005.)
1-6-9 to 1-6-15.(Authorized
by K.S.A. 75-3747; effective May 1, 1979; revoked Dec. 17, 1995.)
1-6-16. (Authorized by K.S.A. 75-3747
as amended by L. 1985, Ch. 276, Sec. 10; implementing K.S.A. 75-2942 as amended by L.
1985, Ch. 276, Sec. 4; effective May 1, 1979; amended, E-82-14, July 1, 1981; amended May
1, 1982; amended May 1, 1983; amended May 1, 1986; revoked Dec. 17, 1995.)
1-6-17. (Authorized by K.S.A. 75-3747;
effective May 1, 1979; revoked Dec. 17, 1995.)
1-6-18. (Authorized by K.S.A. 1983
Supp. 75-3747; implementing K.S.A. 1983 Supp. 75-2942, 75-2943, 75-3746, 75-2948,
effective May 1, 1979; amended May 1, 1984; revoked Dec. 17, 1995.)
1-6-19 to 1-6-20.
(Authorized by K.S.A. 75-3747; effective May 1, 1979; revoked Dec. 17, 1995.)
1-6-21. Candidates for regular positions.
(a) For each vacancy in a
regular position that is to be filled, the appointing authority shall hire
from among those persons certified as eligible. The pool of candidates certified as eligible to fill a vacant position
may be used to fill one or more other vacancies in the same classification
within 60 days of the last date on which applications are accepted for the
first vacant position.
(b) The
selection criteria shall be job-related. Each agency shall provide the candidates with equal consideration when
applying the selection criteria.
(c) Each veteran who meets the minimum requirements for a vacant position
shall be offered an interview for that vacancy when all of the following
conditions are met:
(1) The vacancy is a regular position.
(2) A notice of vacancy, including a
notice of an internal vacancy, has been posted for
that position in accordance with the provisions of K.A.R. 1-6-2.
(3) No individuals who are
eligible for the Kansas employee preference program have applied for that
vacancy.
(d) The veterans’ preference set forth in subsection (c) shall not apply
to any veteran who was dismissed or did not resign in good standing from state
service.
(e) For the purposes of this regulation, “veteran” means
any individual who is eligible for the veterans’ preference under the
provisions of K.S.A. 75-2955, and amendments thereto. (Authorized by K.S.A. 2002 Supp. 75-3747 and K.S.A. 75-2955;
implementing K.S.A. 75-2943 and 75-2955; effective May 1, 1979; amended
May 1, 1983; amended May 1, 1985; amended, T-1-9-19-94, Sept. 19, 1994;
amended Nov. 21, 1994; amended Dec. 17, 1995; amended Aug. 1, 1997;
amended June 7, 2002; amended Dec. 1, 2003.)
1-6-22. (Authorized by K.S.A. 1994
Supp. 75-3747; implementing K.S.A. 1994 Supp. 75-2935; effective May 1, 1979; amended May
1, 1983; amended Dec. 17, 1995; revoked Aug. 1, 1997.)
1-6-22a. Training classes.
(a) Certain classes of positions may be designated by the director as training classes. Each person employed in a training class shall be in training status and not in probationary or permanent status. The training period served for each training class established as provided by this regulation shall be specified by written agreement between the director and the appointing authority of the agency in which the training class is used. If a specific training class is used by more than one agency, the duration of the training period served for that class shall be established by the director after consultation with all agencies that use the class.
(b) The appointing authority may dismiss a trainee at any time, except as follows.
(1) If a trainee was promoted from a classified position in which an employee held permanent status, the provisions in K.S.A. 75-2944, and amendments thereto, shall apply.
(2) If an employee who was demoted or transferred to a trainee position is terminated for reasons other than personal conduct, the employee shall be accorded the right to a position in the class in which the employee held permanent status immediately before the trainee position.
(c) The period served by an employee in a training class shall not be counted as part of the probationary period if the employee is subsequently employed in a regular position.
(d) Upon meeting the minimum qualifications for the applicable class and satisfactorily performing the job duties, responsibilities, and training requirements of the trainee position, each employee in a training class shall be placed in the applicable class as a probationary employee and serve a probationary period as established by K.A.R. 1-7-4. (Authorized by K.S.A. 75-3706 and K.S.A. 2005 Supp. 75-3747; implementing K.S.A. 75-3707 and 75-3746; effective Dec. 27, 1993; amended Nov. 21, 1994; amended Dec. 17, 1995; amended May 31, 1996; amended Sept. 18, 1998; amended Sept. 29, 2006.)
1-6-23.
Reemployment. (a) (1) Except as provided in subsection (b), each employee
who is laid off, or demoted or transferred in lieu of layoff, shall be placed
in a reemployment pool by the director, unless the employee requests in
writing to not be placed in the reemployment pool. Each employee in the
reemployment pool shall be eligible to apply for any vacancy to be filled,
including any internal vacancy, until the date the employee is reemployed or
for three years from the date of the layoff, whichever occurs first.
(2)
Each employee who is eligible for reemployment and who is also a veteran shall
be offered an interview for any vacancy that meets all of the following
conditions:
(A) The vacancy is for a regular position in the classified service.
(B) The vacant position is at the same pay grade or a lower pay grade
than the pay grade at which the individual was paid at the time the individual received
the notice of layoff.
(C) The employee meets the minimum requirements for the position.
(b)(1) Each individual who meets all of the following conditions shall be
eligible for the Kansas employee preference program, as provided in this
subsection:
(A) The individual received a written layoff notice in accordance with K.A.R.
1-14-9 for a layoff that was effective on or after June 8, 2002.
(B) The individual’s most recent performance rating before receiving the
layoff notice was "satisfactory" or better.
(C) The individual was not suspended, demoted, or terminated as provided in
K.S.A. 75-2949, and amendments thereto, in the 12 months preceding the date on
which the individual received the layoff notice.
(2) Each individual who qualifies under paragraph (b)(1) shall remain
eligible for the Kansas employee preference program until any of the following
events occurs:
(A) The individual is appointed to a classified or unclassified position that
is eligible for benefits.
(B) An eligible individual who was laid off or is scheduled to be laid off
from a regular position that was not eligible for benefits chooses to use the
Kansas employee preference for any position, whether or not that position is
eligible for benefits, and the individual then is appointed to that position.
(C) A period of 12 consecutive months has passed since the effective date of
the layoff or since July 30, 2003, whichever date is later. Each individual who
is eligible for the Kansas employee preference program, but has not been
reemployed under any of the circumstances identified in paragraph (b)(2)(A) or
(b)(2)(B) at the end of that 12-month period shall remain eligible for
reemployment as provided in subsection (a).
(D) The individual is suspended, demoted, or terminated as provided in K.S.A.
75-2949, and amendments thereto, at any time after the individual becomes
eligible for the Kansas employee preference program, but before the date on
which the individual is actually laid off.
(3) Each individual who is qualified to receive a Kansas employee preference
shall be eligible to apply for any vacancy that meets the following conditions:
(A) The vacancy is for a classified position that is eligible for benefits,
except that when the individual who is eligible for the Kansas employee
preference program was laid off from or has received a layoff notice for a
regular position that is not eligible for benefits, the vacancy may be for any
regular position in the classified service, whether or not the vacant position
is eligible for benefits;
(B) the vacant position is at the same pay grade or a lower pay grade than
the pay grade at which the individual was paid at the time the individual
received the layoff notice; and
(C) the vacant position to be filled is one for which a notice of vacancy
will be posted in accordance with the provisions of K.A.R. 1-6-2, including an
internal vacancy.
(4) Upon receiving an application for the vacant position from an individual
who is eligible for a Kansas employee preference, the appointing authority shall
offer the position to the individual if the individual meets the minimum
requirements for the position, subject to the following requirements:
(A)(i) If only one individual who is eligible for a Kansas employee
preference applies for the position and is determined to meet the minimum
requirements for the position, the appointing authority shall schedule an
interview with the individual to provide the appointing authority with an
opportunity to assess the employee’s ability to successfully perform the
duties and responsibilities of the position and to provide the individual with
an opportunity to determine whether the position is of interest to the
individual.
(ii) Following the interview, the appointing authority shall offer the
position to the individual, unless the director determines that the individual
cannot successfully perform the duties and responsibilities of the position
under paragraph (b)(4)(C).
(iii) The individual who is offered the position as provided in this
paragraph (b)(4)(A) shall inform the appointing authority whether the individual
accepts or rejects the offer within two business days of the date on which the
position is offered.
(B) If more than one individual who is eligible for a Kansas employee
preference applies for the position and meets the minimum requirements for the
position, the appointing authority shall apply additional, job-related selection
criteria in accordance with K.A.R. 1-6-21 in considering the application of each
of these individuals, subject to the following conditions and requirements:
(i) The appointing authority shall not be required to interview more than
seven individuals, except that each individual who is a veteran shall be offered an
opportunity for an interview.
(ii) After considering the additional, job-related selection criteria, the
appointing authority shall offer the position to one of these individuals,
except that the appointing authority shall not be required to offer the position
to any individual who the director determines cannot successfully perform the
duties and responsibilities of the position under paragraph (b)(4)(C).
(iii) Any individual who is a veteran shall be offered the position if that
individual is determined to be equally qualified after applying the additional,
job-related selection criteria.
(iv) The individual who is offered the position as provided in this paragraph (b)(4)(B) shall inform the appointing authority whether the individual
accepts or rejects the offer within two business days of the date on which the
position is offered.
(C) If the appointing authority submits written documentation to the director
and, based on the documentation, the director determines in writing that there
is a clear indication that an individual who is eligible for the Kansas employee
preference could not, after minimal training or a reasonable amount of
experience on the job, successfully perform the duties and responsibilities of
the position, the appointing authority shall not be required to offer the
position to that individual.
(c) For purposes of this regulation, "veteran" means any individual
who is eligible for a veteran’s preference under the provisions of K.S.A.
75-2955, and amendments thereto.
(d) This regulation shall be effective on and after July 30, 2003.
(Authorized by K.S.A. 2002 Supp. 75-3747 and K.S.A. 75-2948; implementing K.S.A.
75-2948; effective May 1, 1979; amended May 1, 1984; amended, T-86-17, June 17,
1985; amended May 1, 1986; amended Dec. 27, 1993; amended Dec. 17, 1995; amended
May 31, 1996; amended, T-1-4-1-03, April 1, 2003: amended July 25, 2003.)
1-6-24. Transfer. (a) Any appointing
authority may transfer any employee with permanent status in accordance with the following
regulations.
(1) An employee with permanent status may be transferred from a duty station in one county
to a duty station in another county with the consent of the secretary of administration or
the written consent of the employee.
(2) Any appointing authority may accept, by transfer, any employee with permanent status
employed in another agency.
(3) Any employee with permanent status, or any employee serving a probationary period
because of a promotion, may be transferred from a position in one class to a position in a
different class if both positions are allocated to classes which are assigned to the same
pay grade, have a close similarity of duties, and have essentially the same
qualifications, and if the employee meets the qualifications for the new class.
(4) Each employee with permanent status who is transferred from one position to another
position shall retain permanent status in the new position.
(b) Any appointing authority may transfer an employee on probationary status from one
position in a class to another position in the same class in the agency. An appointing
authority may accept, by transfer, a an employee with probationary status employed in
another agency, if the transfer is to a position in the same class. The probationary
period of an employee transferred pursuant to this regulation shall be determined in
accordance with K.A.R. 1-7-4.
(c) Approval of the employee shall not be required when a transfer within an agency, or
between agencies, is made pursuant to this regulation.
(d) Each employee who is transferred from the unclassified service to a position in the
classified service pursuant to the provisions of this subsection shall serve a
probationary period in accordance with K.A.R. 1-7-4. (Authorized by K.S.A. 1995 Supp.
75-3747; implementing K.S.A. 1995 Supp. 75-2947, K.S.A. 75-3746; effective May 1, 1979;
amended May 1, 1981; amended May 1, 1983; amended May 1, 1984; amended March 20, 1989;
amended Dec. 17, 1995; amended May 31, 1996.)
1-6-25. Temporary positions. (a) Except as
otherwise provided by law, any appointing authority may fill a temporary position with any
person who meets the required selection criteria for the class and the position.
Employment of a person in one or more temporary positions shall not exceed 999 total hours
of employment in state service for a period of 12 consecutive months. If the duration of a
temporary position is to be less than 999 hours, the maximum duration of the temporary
position shall be indicated by the appointing authority. All time worked, including
overtime, shall count towards the 999 hours. Each temporary appointment shall be ended no
later than 12 months after its commencement, even if the appointee works fewer than 999
hours. Any person may occupy more than one temporary position in a period of 12
consecutive months, if the total number of hours of employment in state service does not
exceed 999 hours.
(b) Time worked in one or more temporary positions shall not be counted as part of the
probationary period if an individual is subsequently hired in a regular position.
(Authorized by K.S.A. 75-3747; implementing K.S.A. 75-2945; effective May 1, 1979; amended
May 1, 1981; amended, E-82-14, July 1, 1981; amended May 1, 1982; amended May 1, 1984;
amended, T-86-17, June 17, 1985; amended May 1, 1986; amended Dec. 17, 1995; amended
October 1, 1999.)
1-6-26. (Authorized by K.S.A. 1983
Supp. 75-3747; implementing K.S.A. 1983 Supp. 75-2945; effective May 1, 1979; amended,
E-82-14, July 1, 1981; amended May 1, 1982; amended May 1, 1984; revoked Dec. 17, 1995.)
1-6-26a. Limited-term positions. (a) "Limited-term
position" means a position in the classified service that is scheduled to
terminate within a predetermined period of time, as stipulated in grant
specifications or other contractual agreements.
(b) Each individual in a limited-term position shall be
notified at the time of hiring of the expiration date of the grant or
contractual agreement. No employee with permanent status may be transferred to
a limited-term position without the written consent of that employee. The end
date of the position shall be entered on the employee's personnel record at
the time of hiring.
(c) Each individual in a limited-term position shall be terminated on the
end date of that position, subject to any extensions of the limited-term
position. The termination of any employee who serves the full length of a
limited-term position shall not be considered a layoff of that employee, and
the provisions of K.S.A. 75-2948, and amendments thereto, and any regulations
adopted under that statute shall not apply to the employee. (Authorized by
K.S.A. 2001 Supp. 75-3747; implementing K.S.A. 75-3746 and 75-2948; effective
June 7, 2002.)
1-6-27. Demotion. (a) Any
employee with permanent status may be demoted to a position in a lower class
if that position is in the same series of classes, or if the appointing
authority determines that the employee can reasonably be expected to perform
satisfactorily the duties of the position in the lower class. Each employee
with permanent status who is demoted pursuant to this regulation shall be
granted permanent status in the class to which demoted, effective on the
date of the demotion.
(b) Each request for a voluntary demotion shall be subject to approval of
the appointing authority. The employee shall not be entitled to appeal the
voluntary demotion to the civil service board.
(c) The demotion of an employee with permanent status for unsatisfactory
performance of duties, for disciplinary reasons, or for other good cause
shall be managed in accordance with the appropriate procedures specified in
K.S.A. 75-2944, K.S.A. 75-2949, K.S.A. 75-2949d, K.S.A. 75-2949e, and K.S.A.
75-2949f, and amendments thereto.
(d) An appointing authority may demote any new hire probationary employee or
any probationary employee who was rehired on a basis other than reemployment
or reinstatement to a class in a lower pay grade within the agency if the
employee meets the qualifications for the lower class, if the employee can
satisfactorily perform the duties of the lower class, and if the employee
has consented. Each employee with probationary status who is demoted under
this subsection shall start a new probationary period that shall be no fewer
than six months in length.
(e) Each unclassified employee who is voluntarily demoted to a regular
classified position shall serve a probationary period in accordance with
K.A.R. 1-7-4.
(f) This regulation shall be effective on and after June 5, 2005.
(Authorized by K.S.A. 2004 Supp. 75-3747; implementing K.S.A. 2004 Supp.
75-2949; effective May 1, 1979; amended May 1, 1983; amended May 1, 1984;
amended Dec. 17, 1995; amended Aug. 1, 1997; amended June 5, 2005.)
1-6-28. Overlapping hires. (a) In
filling a position that is not yet vacated by the incumbent, the agency may have the
incumbent and the new employee on the position concurrently for a period not to exceed
four weeks.
(b) When an employee is on extended leave, the appointing authority may fill the regular
position. The agency shall notify the employee in writing at the time the employee is
hired that the employee shall not obtain permanent status in the position, unless the
employee on leave does not return or for some other reason it is possible and advisable to
grant the new employee permanent status. The probationary period for the employee may be
extended by the appointing authority without regard to limits on the duration of
probationary periods established elsewhere in these regulations. (Authorized by K.S.A.
1994 Supp. 75-3747; implementing K.S.A. 75-3746; effective May 1, 1979; amended Dec. 17,
1995.)
1-6-29. Acting assignments.
(a) Any appointing authority may temporarily assign an employee who has
permanent status to perform the duties of another position on the basis of an
acting assignment if all of the following conditions are met:
(1)(A) The other position is vacant; or
(B) The incumbent in the other position is unable or unavailable to perform
the duties of that position for 30 days or more.
(2) The appointing authority makes both of the following determinations:
(A) It is necessary to assign the duties of the other position to another
employee until the vacancy is filled or the incumbent returns to work.
(B) There are no other viable alternatives to an acting assignment.
(3) The employee meets the qualifications of the other position.
(4) The acting assignment is made in accordance with the provisions of this
regulation.
(b) The appointing authority shall initiate action to fill the position on a
permanent basis, if the incumbent has permanently vacated the position.
However, the appointing authority may delay filling the position because of a
shortage of funds.
(c) Acting assignments shall not be used to generate a series of acting
assignments for an employee.
(d) An acting assignment shall not exceed one year in length unless approved
by the director. No acting assignments made pursuant to K.S.A. 75-4315a shall
exceed 12 months in duration. Acting assignments shall not be retroactive. The
acting assignment procedure shall not be used for a short duration, temporary
assignment of an employee for fewer than 30 days.
(e) Documentation of the acting assignment shall be placed in the employee's
permanent record.
(f)(1) If an employee is acting in a position assigned to a pay grade higher
than that of the employee's normal position, the employee shall be paid at a
step on the higher grade that gives the employee an increase in pay. Such an
increase shall not exceed the highest step that would be possible if the
employee was being promoted to the position. (2) When the acting assignment is
terminated and the employee is returned to the former class, the employee's
pay shall revert to whatever rate it would have been had the employee not
received the acting assignment.
(3) Neither the employee's pay increase date nor the employee's status in the
normal position shall be affected by an acting assignment.
(g)(1) If an employee is acting in a position assigned to the same pay grade
as that of the employee's normal position, the appointing authority may
compensate the employee at a higher step of the pay grade than the step on
which the employee is paid in the employee’s normal position if the appointing
authority determines the pay increase is in the best interests of the state.
Nothing in this regulation shall authorize pay above the maximum step of the
pay grade. The employee’s pay increase date shall be governed by the
time-on-step requirement of the new step to which the employee is assigned
under this subsection.
(2) When the acting assignment is terminated and the employee is returned to
the former class, the employee’s pay shall revert to whatever rate it would
have been had the employee not received the acting assignment.
(h) If an employee is acting in a position assigned to a pay grade lower than
that of the employee’s normal position, the employee shall be paid at the
employee’s normal pay rate.
(i) For the duration of any acting assignment, the employee may receive pay
step increases in accordance with applicable pay step increase regulations.
(j) If the employee is promoted to a position in which the employee has served
in an acting assignment, any accumulated months shall count towards the next
pay step increase. The time served in the acting assignment may be credited
towards the probationary period required for promotions.
(k) In a manner prescribed by the director, the appointing authority shall
report to the director all acting assignments made by the appointing authority
pursuant to this regulation.
(l) This regulation shall be effective on and after June 5, 2005. (Authorized
by K.S.A. 75-3706 and K.S.A. 2004 Supp. 75-3747; implementing K.S.A. 75-2938,
75-3707, 75-3746, and 75-4315a; effective May 1, 1979; amended May 1, 1983;
amended May 1, 1984; amended, T-86-17, June 17, 1985; amended May 1, 1986;
amended May 1, 1987; amended Jan. 6, 1992; amended Dec. 17, 1995; amended Oct.
24, 1997; amended June 5, 2005.)
1-6-30. Reinstatement. Each employee
with permanent status who separates from state service in good standing may for a period
of one year from the date of separation apply for, and may be certified as a candidate
for, any vacancies open to state employees only, and may be rehired as a reinstatement.
(Authorized by K.S.A. 75-3747; implementing K.S.A. 75-3746; effective May 1, 1983; amended
Dec. 17, 1995; amended Sept. 18, 1998.)
1-6-31. Governor's trainee program.
(a) Any agency may fill an existing vacancy under the governor's trainee program according
to the provisions of this regulation.
(1) "Governor's trainee program" means a program to attract and utilize females,
minorities, and persons with disabilities as defined in K.A.R. 1-2-34 in order to provide
career development opportunities.
(2) "Underutilization" means a lower representation in a class or EEO job
category in an agency organizational unit's workforce or the agency's workforce of
females, minorities or persons with disabilities as defined in K.A.R. 1-2-34 than would be
expected by their availability.
(3) An agency shall not create additional positions as a result of using the governor's
trainee program.
(4) Governor's trainee program positions shall be created only from the following:
(A) vacancies arising out of attrition;
(B) vacancies created by the legislature; or
(C) vacancies created by actions taken pursuant to K.S.A. 75-2949.
(b) Each agency electing to fill a vacant position under the governor's trainee program
shall first conduct an underutilization review to determine if underutilization exists in
a class or EEO job category, or both, in the agency workforce or the agency organizational
unit in which the vacancy exists.
(c) The agency shall submit information to the director regarding the vacant position and
the data used in determining underutilization. When the director has verified
underutilization, the agency shall be notified that the director has established a trainee
classification and reallocated the position. The notice from the director shall include
authorization for the agency to recruit persons who are members of the underutilized
protected group or groups.
(d) After the close of the application period, the agency shall select, on a competitive
basis, an applicant who:
(1) is a member of an underutilized protected group;
(2) will not, at the time of hiring, meet the required selection criteria for the regular
class of the trainee position;
(3) will be able to meet the required selection criteria for the regular class within 24
months; and
(4) is deemed qualified to satisfactorily perform the duties of the trainee position.
(e) When the agency has selected a trainee for the position, the agency shall submit to
the director:
(1) documentation that the trainee meets the requirements of subsection (d); and
(2) a copy of a proposed training and evaluation plan developed for the trainee that
provides for regular assessments of the trainee's progress and communication of the
assessments to the trainee.
(f) Each person hired as a governor's trainee shall be paid at two pay grades lower than
the grade for the applicable regular class.
(g) The agency shall submit a progress report on each trainee to the director at least
once each six months while the trainee is in training.
(h) When the trainee meets the required selection criteria for the applicable regular
class, and receives a satisfactory performance rating for the job duties and
responsibilities of the position, the trainee shall be promoted to the applicable regular
class as a probationary employee. In no event shall the trainee be retained in a position
under the governor's trainee program for less than six months or more than 24 months from
the date of appointment.
(i) Each individual hired as a governor's trainee shall be eligible for the same rights
and benefits as a person in a regular classified position who is on probationary status.
If the governor's trainee was promoted or transferred from a classified position in which
the employee held permanent status, rights normally associated with the promotion or
transfer under K.S.A. 1995 Supp. 75-2944, as amended, and K.A.R. 1-6-24 shall apply. If
the governor's trainee was demoted from a classified position in which the employee held
permanent status, the trainee shall not be granted permanent status in the trainee
position but shall be accorded the right to a position in the class in which the employee
held permanent status. (Authorized by K.S.A. 1995 Supp. 75-3747; implementing K.S.A.
75-3746; effective March 20, 1989; amended Aug. 3, 1992; amended Dec. 17, 1995; amended
May 31, 1996.)
1-6-32. Candidate drug
screening test for safety-sensitive positions. (a) A drug test shall be
administered to each candidate for a safety-sensitive position upon a
conditional offer of employment for such a position.
(1) “Safety-sensitive position” shall be defined as provided in K.S.A. 75-4362
(g), and amendments thereto.
(2) “Conditional offer of employment,” for purposes of this regulation, means
an offer that is contingent upon participating in the drug screening program
established under K.S.A. 75-4362, and amendments thereto.
(b) If a candidate fails to participate in the required drug screening test or
receives a confirmed positive result based upon a test sample obtained from
the candidate, the following requirements shall apply:
(1) The conditional offer of employment shall be null and void.
(2) The candidate shall be disqualified from certification for
safety-sensitive positions in accordance with K.S.A. 75-2940, and amendments
thereto, and K.A.R. 1-6-7 for a period of one year from the effective date of
the disqualification action.
(c) Each candidate who has been given a conditional offer of employment shall
be informed of the provisions of subsection (b) in writing and shall sign a
statement agreeing to participate in the test before the test is administered.
Failure to accept this condition shall make the conditional offer of
employment null and void.
(d) Each candidate required to submit to a drug screen shall be advised of all
of the following aspects of the drug screening program:
(1) The methods of drug screening that may be used;
(2) the substances that may be identified;
(3) the consequences of a refusal to submit to a drug screening test or of a
confirmed positive result; and
(4) the reasonable efforts to maintain the confidentiality of results and any
medical information that are to be provided in accordance with subsection (j).
(e) Drug screening tests may screen for any substances listed in the Kansas
controlled substances act.
(f) Any candidate who has reason to believe that technical standards were not
followed in deriving a confirmed positive result may appeal the result in
writing to the director within 14 calendar days of receiving written notice of
the result.
(g) A retest by the original or a different laboratory on the same or a new
specimen may be authorized only by the director, if the director determines
that the technical standards established for test methods or chain-of-custody
procedures were violated in deriving a confirmed positive result or if there
is other appropriate cause to warrant a retest.
(h) If a candidate intentionally tampers with a sample provided for drug
screening, violates the chain-of-custody or identification procedures, or
falsifies test results, the conditional offer of employment shall be
withdrawn. Any of these actions by a candidate shall be grounds for
disqualification for all positions in state service in accordance with K.S.A.
75-2940, and amendments thereto.
(i) If the result of a drug screening test warrants disqualification action, a
candidate shall be afforded due process in accordance with K.S.A. 75-2940, and
amendments thereto and K.A.R. 1-6-7 before any final action is taken.
(j)(1) Individual test results and medical information shall be considered
confidential and shall not be disclosed publicly in accordance with K.S.A.
75-4362, and amendments thereto. Each candidate shall be granted access to the
candidate's information upon written request to the director.
(2) Drug screening test results shall not be required to be kept confidential
in civil service board hearings regarding disciplinary action based on or
relating to the results or consequences of a drug screen test.
(3) Each appointing authority shall be responsible for maintaining strict
security and confidentiality of drug screening records in that agency. Access
to these records shall be restricted to the agency’s personnel officer or a
designee, persons in the supervisory chain of command, the agency’s legal
counsel, the agency’s appointing authority, the secretary of administration or
a designee, the department of administration’s legal counsel, and the director
or a designee. Further access to these records shall not be authorized without
the express consent of the director.
(k) This regulation shall be effective on and after June 5, 2005. (Authorized
by K.S.A. 2004 Supp. 75-3747 and 75-4362; implementing K.S.A. 75-2940 and
K.S.A. 2004 Supp. 75-4362; effective, T-1-10-28-88, Oct. 28, 1988; effective
Dec. 19, 1988; amended Feb. 19, 1990; amended April 13, 1992; amended Dec. 17,
1995; amended October 1, 1999; amended June 5, 2005.)
1-6-33. Candidate alcohol and controlled
substances test for commercial driver positions. (a) The provisions of 49 C.F.R., Part
382, as in effect on May 1, 1995, and 49 C.F.R., Part 40, as in effect on February 15,
1994, and amendments to Part 40, as published in 59 Fed. Reg. 42,996 (1994), are hereby
adopted by reference.
(b) Each candidate who has been given a conditional offer of employment for a commercial
driver position shall be administered a controlled substances test.
(c) For purposes of this regulation, a "conditional offer of employment" means
an offer of a commercial driver position that is contingent upon participating in the
controlled substances testing program established under the federal omnibus transportation
employee testing act of 1991, 49 U.S.C. Appx. § 2717.
(d) Each candidate who has been given a conditional offer of employment shall be informed
of the provisions of subsections (c) and (g) of this regulation in writing and shall sign
a statement agreeing to participate in the testing prior to administration of the tests.
Failure to accept this condition shall make the conditional offer of employment null and
void.
(e) The appointing authority shall advise each candidate required to submit to controlled
substances testing of the following aspects of the testing program:
(1) the methods of controlled substances testing that may be used;
(2) the substances that may be identified;
(3) the consequences of a refusal to submit to a controlled substances test or of a
confirmed positive result; and
(4) the reasonable efforts utilized by the state to maintain the confidentiality of
results and any medical information that may be provided.
(f) Procedures and testing personnel used in collecting, analyzing, and evaluating test
samples shall meet the standards established by the director in accordance with 49 C.F.R.,
Part 40.
(g) In the following instances, the conditional offer of employment shall be null and
void, and the candidate shall be subject to disqualification from commercial driver
positions in accordance with K.S.A. 75-2940 and K.A.R. 1-6-7 for a period of one year from
the effective date of the disqualification action:
(1) the candidate fails to participate in the required controlled substances test;
(2) the candidate receives a confirmed positive controlled substances test result;
(3) the candidate refuses to provide written authorization to obtain information from
prior employers as required by 49 C.F.R., 382.413; or
(4) the information obtained from a prior employer under 49 C.F.R., 382.413 indicates
that, within the preceding two years, the following has occurred:
(A) the candidate violated any of the provisions of 49 C.F.R., Part 382, Subpart B; and
(B) the candidate failed to complete the requirements for returning to work under 49
C.F.R., 382.605, including an evaluation by a substance abuse professional, a
return-to-duty alcohol test, controlled substances test or both, and completion of any
rehabilitation or treatment program.
(h) In accordance with 49 C.F.R., 40.25(f)(10)(ii)(E), any candidate who receives a
confirmed positive result on a controlled substances test may request a retest by the
original or a different laboratory on the second half of the original specimen within 72
hours of being notified of the positive test result.
(i) Any candidate who intentionally tampers with a sample provided for controlled
substances testing, violates chain-of-custody or identification procedures, or falsifies a
test result shall have the conditional offer of employment withdrawn and shall be subject
to disqualification for all positions in state service in accordance with K.S.A. 75-2940.
(j) If disqualification of a candidate is warranted under subsection (g) of this
regulation, the appointing authority shall afford the candidate due process in accordance
with K.S.A. 75-2940 and K.A.R. 1-6-7.
(k) (1) Individual results and medical information shall be considered confidential and
shall not be disclosed publicly. Each candidate shall be granted access to the candidate's
information upon written request to the director, in accordance with 49 C.F.R., 382.405.
(2) (A) Each agency shall be responsible for maintaining strict security and
confidentiality of the alcohol and controlled substance testing records in that agency.
Access to these records shall be restricted to the following individuals:
(i) the agency personnel officer, the agency appointing authority, the secretary of
administration, the director, or any of their respective designees;
(ii) persons in the supervisory chain of command;
(iii) the agency legal counsel; or
(iv) the department of administration legal counsel.
(B) Further access to these records shall not be authorized without the express consent of
the director. (Authorized by K.S.A. 1996 Supp. 75-3747; implementing K.S.A. 75-3746,
K.S.A. 1996 Supp. 75-2940, and K.S.A. 75-3707; effective, T-1-1-26-95, Jan. 26, 1995;
effective May 30, 1995; amended Dec. 17, 1995; amended June 20, 1997.)
