Alaska Administrative Code

An appointing authority may fill a position without public notice by the appointment of a person who has a preferential employment right in the following order of preference: (1) due to a request to transfer by a pregnant employee under AS 39.20.520; (2) due to layoff under 2 AAC…

(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 t…

Permanent appointment in the classified service is subject to a probationary period. It is an integral part of the examination process, which is to be used to evaluate the employee's work and conduct on the job. A supervisor may separate without prior notice any probationary empl…

(a) An employee appointed to a permanent position at salary range 13 or below must serve a six-month probationary period. An employee appointed to a permanent position at salary range 14 or above must serve a 12-month probationary period. (b) A probationary employee who is appoin…

The probationary period will be extended one month for each accumulation of 23 working days of leave without pays except for periods of furlough under 2 AAC 07.407 or as otherwise provided by state or federal law. Notes 2 AAC 07.250 In effect before 6/28/84; am 6/28/84, Register …

(a) If a probationary employee holding permanent status performs in less than a fully satisfactory manner during the probationary period, the employee may be returned without prior notice to the class in which permanent status is held, or transferred to another appropriate class …

(a) A provisional employee appointed to a permanent position under the provisions of 2 AAC 07.235 (g) and who has demonstrated the ability to perform the duties of the position must be granted probationary status retroactive to the original date of provisional appointment. The em…

Unless the appointing authority has demoted or dismissed the employee, or has notified the employee of non-retention, the employee attains permanent status upon completion of the probationary period. Notes 2 AAC 07.275 In effect before 6/28/84; am 6/28/84, Register 91; am 7/22/20…

(a) The director shall prescribe the nature, form, and frequency of personnel evaluations and may require a personnel evaluation at any time during an employee's probationary period. (b) The director may take any action necessary to secure the correction of an evaluation report t…

(a) The purpose of the employee training program is to assure continued high-quality service to the public by assisting employees in improving their job performance skills and in preparing for career changes in the best interest of the state. (b) The director, in cooperation with…

With the approval of the director, an appointing authority may establish intern or apprenticeship training programs. Notes 2 AAC 07.305 In effect before 6/28/84; am 6/28/84, Register 91 Authority:AS 39.25.050(3) AS 39.25.150

At the discretion of the appointing authority, employees in the classified and partially exempt service receiving training for which they receive reimbursement for travel or educational costs may be required to sign an agreement to reimburse the state for all or part of the state…

Except as provided in 2 AAC 07.315 - 2 AAC 07.390, the beginning salary of a newly appointed employee is the minimum rate for the job class. Notes 2 AAC 07.315 In effect before 6/28/84; am 6/28/84, Register 91; am 9/28/96, Register 143 Authority:AS 39.25.070 AS 39.25.140 AS 39.25…

(a) The initial step placement of a deputy head of a principal department shall be equal to a step in Range 28 of the salary schedule. (b) If the employee was employed in the partially exempt or classified service before appointment as the deputy head of a principal department, a…

(a) A beginning salary higher than the minimum rate for the job class may be authorized by the director for a position in the classified service or by the principal executive officer for a position in the partially exempt service. A salary rate higher than the minimum rate may on…

A beginning salary higher than the minimum rate for the job class may be authorized by an appointing authority to a former employee eligible for noncompetitive rehire under 2 AAC 07.235 if the salary step does not exceed the salary step formerly earned by the employee. Notes 2 AA…

(a) A promoted employee's salary must be equal to the salary of the lowest step at the higher range that provides at least the salary provided by a two-step increase in the range of the class from which promoted. (b) A promoted employee who has served one-half or more of the time…

(a) A salary rate higher than that specified in 2 AAC 07.330 may be authorized by the director for a position in the classified service, or by the principal executive officer for a position in the partially exempt service, upon initial appointment to a new job classification for …

An employee who has received prior written delegation from the employee's principal executive officer to perform essentially all the duties of a specific position in a higher range than the employee's own for more than 15 consecutive calendar days shall, retroactive to the first …

When a job class is advanced in salary range assignment from one pay range to a higher pay range, the action is called a "salary range change." The simultaneous reallocation of some positions to other job classes does not affect the action on the remaining positions. The step of …

The salary of an employee moving from one position to another position in the same range must remain unchanged. Notes 2 AAC 07.340 In effect before 6/28/84; am 6/28/84, Register 91 Authority:AS 39.25.070 AS 39.25.140 AS 39.25.150

(a) An employee may be demoted for cause under 2 AAC 07.420, voluntarily demoted in the same class series, or involuntarily demoted because the employee holds a position reallocated to a class at a lower pay range. (b) If an employee is demoted for cause, the employee's step plac…

The salary of an employee moving from one position to another position in a lower pay range that is not a demotion shall be determined under 2 AAC 07.315 - 2 AAC 07.325 as appropriate. Notes 2 AAC 07.347 Eff. 8/24/94, Register 137; am 9/28/96, Register 143 The 8/24/94 adoption of…

If an employee who occupied a position subject to a collective bargaining agreement is appointed to a position in the partially exempt service, the appointing authority may set the employee's salary in accordance with 2 AAC 07.315 - 2 AAC 07.325, in lieu of setting the employee's…

Geographical pay-step differentials under AS 39.27.020 must be excluded in the determination of step placement. Notes 2 AAC 07.350 In effect before 6/28/84; am 6/28/84, Register 91 Authority:AS 39.25.070 AS 39.25.140 AS 39.25.150

(a) An appointment is normally made effective on the employee's first working day. An appointment may be made effective on the first of a pay period even though that day does not fall on a regular working day. (b) Upon initial appointment, an employee may only be appointed on a h…

(a) The first day of the pay period following completion of the probationary period is the employee's merit anniversary date if the employee enters the pay range at the beginning step. (b) The first day of the pay period following completion of one year of service is the employee…

(a) Merit increases may be granted or withheld based upon the appointing authority's evaluation of an employee's performance. (b) A merit increase of one step in the salary range shall be given on the merit anniversary date to an employee whose performance is considered "acceptab…

(a) Except as otherwise provided in secs. 23 and 24, ch. 21, SLA 2008, pay increments shall be provided after an employee has remained in the final step within a given range for two years, and every two years thereafter, if, at the time the employee becomes eligible for the incre…

(a) If an employee's work performance becomes less than acceptable, the appointing authority shall evaluate the performance of the employee and provide the employee with a copy of the performance evaluation. If the level of work performance does not become acceptable within a 30-…

The salary paid to an employee is the total remuneration for the employee, exclusive of reimbursement for official travel. Except as otherwise provided in this chapter or with the prior approval of the director, no employee may receive pay from the state in addition to the salary…

(a) Employees will be paid on a monthly, daily, hourly, or other basis, that is consistent with sound accounting practices. (b) Regular pay periods and paydays will be established. The Department of Administration will make a schedule of paydays available so that an employee can …

(a) Overtime eligibility and entitlements, including accrual and use and payment for compensatory time off, must be in accord with 29 U.S.C. 201 - 219 (Fair Labor Standards Act). (b) Repealed 11/5/2010. (c) Repealed 11/5/2010. (d) Repealed 11/5/2010. (e) Repealed 11/5/2010. Notes…

(a) An overpayment discovered within one year from the time the overpayment was made will be recovered in full. An overpayment discovered after one year from the time the overpayment was made may be partially reduced or forgiven at the director's discretion unless the overpayment…

An employee is expected to provide at least two weeks' written notice before the effective date of resignation as a condition for resigning in good standing. An employee who fails to provide two weeks notice before the effective date of the resignation will not be considered to h…

(a) The appointing authority may suspend any employee with or without pay while conducting an investigation into alleged misconduct. (b) The appointing authority may suspend any employee without pay for misconduct. If the appointing authority suspends an employee for misconduct, …

(a) An appointing authority may lay off an employee in the classified service if the employee holds a substitute appointment, if a position is abolished, if there is a shortage of work or money, or for other reasons outside the employee's control. A layoff does not reflect discre…

An appointing authority may furlough an employee in the classified or partially exempt service, for up to 10 working days in a fiscal year without regard to the layoff provisions of 2 AAC 07.405, if the principal executive officer of the department makes a written finding, subjec…

A seasonal employee will be placed on seasonal leave without pay at the end of the prescribed work season. The employee remains the incumbent of the position and is not placed on layoff status. Notes 2 AAC 07.410 In effect before 6/28/84; am 6/28/84, Register 91 Authority:AS 39.2…

(a) The appointing authority may dismiss a permanent employee for just cause only. Except in cases of egregious misconduct, the permanent employee must be given two weeks' notice before the dismissal, unless the employee's presence at the work site is contrary to the best interes…

(a) An employee who receives a citation requiring a court appearance, or who is arrested or convicted for a misdemeanor or felony, must report the citation, arrest, or conviction to the employee's division director by the end of the following working day. An employee who fails to…

(a) An appointing authority may demote an employee for just cause to a lower class in the same class series or to another class series if the employee meets the minimum qualifications. The reasons for the demotion must be given to the employee in writing and a copy filed with the…

A permanent employee may elect to take a voluntary demotion to a lower class in the same, or closely related, class series. For purposes of this section, "permanent employee" includes an employee in the partially exempt service, however, an employee in the partially exempt servic…

(a) An employee in the classified service who is not covered by a collective bargaining agreement may file a complaint. No act of reprisal may be taken against the complainant or against any other employee taking part in the presentation or adjudication of a complaint, as a resul…

(a) A permanent employee in the classified service who is not covered by a collective bargaining agreement, and who is, dismissed, demoted, or suspended for more than 10 consecutive days, or more than a total of 30 working days in a 12-month period may appeal as follows: (1) with…

For a dispute arising from a personnel issue involving two or more agencies, the appointing authorities of the agencies involved shall attempt to resolve the dispute. If the dispute is not resolved, one or more of the agencies may present the matter to the director for review. Th…

(a) Members of the general public have the right to resolution of complaints arising out of application for state employment, state employment examinations, and the selection process under the procedures established in this section. (b) Inquiries involving the application, examin…