Title 8, Public Officers And Employees

Rules adopted under this chapter shall have the force and effect of law, and may include any provision relating to state employment consistent with the laws of this state, which may be necessary or appropriate to give effect to the provisions and purposes of this chapter.

(1) To carry out the purposes of this chapter, the department may do the following:(1) Contract with persons outside the department as the commissioner deems necessary;(2) Administer oaths;(3) Issue subpoenas to compel the attendance of witnesses and the production of documents r…

(a) All officers and employees of the state shall comply with this chapter and the rules, regulations and orders established pursuant to this chapter, unless a specific exemption applies. (b) A state officer or employee who fails to comply with any provision of this chapter or wi…

(a) There is created and established in the department of human resources a board of appeals. The board shall be comprised of a minimum of nine (9) members and a maximum of eighteen (18) members, in the discretion of the commissioner. (b) The members of the board of appeals shall…

(a) The general assembly finds that the state government is at its most effective when the employees of the state government are the most highly qualified candidates for employment with the state government and that hiring decisions should be based on merit rather than any other …

State service is divided into the preferred service and executive service.

(a) The following positions shall be executive service positions:(1) Any officer or employee appointed by the governor and all positions in the governor's office;(2) Any deputy commissioner or equivalent authority in each department or state agency;(3) Any assistant commissioner …

(a) The commissioner, after consulting with appointing authorities and other qualified authorities, shall determine, or cause to be determined, the authority, duties, and responsibilities of all positions in the state preferred service. (b) The commissioner shall prepare a classi…

Before establishing a new position in the preferred service or making a material change in the authority, duties, or responsibilities of a position in such service, an appointing authority shall receive approval from the commissioner in writing.

The commissioner may, at any time, allocate any new position to a class, or change the allocation of any position to a class, or make changes in the classification plan. If any change is made in the classification plan by which a class of positions is divided, altered, or abolish…

No person shall be appointed to or employed in a position in the preferred service under a classification title that has not been approved by the commissioner as appropriate to the duties to be performed. Nothing in this section prohibits the use of working job titles assigned by…

(a) The commissioner shall prepare and recommend to the governor a compensation plan for all employees. Such compensation plan shall include, for each class of positions, a minimum and maximum rate, and such intermediate rates as the commissioner considers necessary or equitable.…

The commissioner shall establish guidelines for the accumulation and use of state compensatory time not governed by the Fair Labor Standards Act (2 U.S.C. § 1313, et seq.). Employees who accumulate the maximum number of hours of state compensatory time or more shall be paid for e…

No preferred service employee shall be assigned to perform the majority of the duties and responsibilities of a position in a higher level classification than that of the position occupied by the employee, without the approval of the appointing authority. When an employee is so a…

(a) No employee may receive payment, unless the commissioner or the commissioner's agent has certified that the employee has been appointed and employed in accordance with this chapter and the rules, regulations and orders issued thereunder. (b) If the commissioner wrongfully wit…

(a) The commissioner may bring an action to recover any sum paid contrary to any provision of this chapter or of any rule, regulation or order thereunder from:(1) Any employee who made, approved or authorized such payment or who signed or countersigned a voucher, payroll, check o…

(a) The commissioner shall inform prospective applicants for state employment of the process for obtaining state employment. (b) The commissioner shall give public notice of a job opening at least one (1) week prior to the closing of the application period. (c) The commissioner s…

(a) If an executive service position is reassigned to the preferred service, the incumbent employee may, within one (1) year, be given a noncompetitive assessment in a manner prescribed by the commissioner. (b) (1) The commissioner shall certify whether each employee has met the …

(a) (1) The commissioner shall, from time to time, conduct the assessments that the commissioner considers necessary for the purpose of establishing pools of candidates.(2) The assessments shall be competitive and shall be designed to determine the qualifications, fitness and abi…

(a) The commissioner may reject the application of any person for admission to an assessment or may strike the name of a person from a pool, if the department determines that the applicant:(1) Lacks any of the required qualifications;(2) Is incapable of performing the essential f…

(a) The commissioner shall establish and maintain a pool of candidates for the various classes of positions as the commissioner deems necessary or desirable to meet the needs of the service. (b) At the time a pool of candidates is established, the commissioner shall determine the…

(a) (1) Whenever an appointing authority proposes to fill a position in the preferred service, the authority shall submit to the commissioner a statement showing the position to be filled, the duties for such position, the official station, the minimum qualifications and preferre…

(a) When invitations to interview candidates are extended, whether for appointment or promotion, and the pool of candidates includes any person who has been honorably discharged from the army, navy, air force, space force, marine corps or coast guard or any member of the reserve …

(a) Every person appointed to a position in the preferred service shall be subject to a probationary period of employment. The probationary period shall commence immediately upon appointment and shall continue for such time, not less than one (1) year, as shall be established by …

(a) When an appointing authority desires to fill a position in the preferred service, and the commissioner cannot timely evaluate the pool of candidates for such vacancy, the commissioner may authorize the appointing authority to fill the position by temporary appointment for a p…

When an emergency occurs, affecting the ability to fill a position in the preferred service under any other provision of this part, an appointing authority, in order to prevent stoppage of public business or loss or serious inconvenience to the public, may appoint any qualified p…

(a) For positions involving basic clerical, unskilled or semiskilled labor, or domestic, attendant or custodial work, when the character or place of the work makes it impracticable to supply the needs of the service by appointments made in accordance with the procedure prescribed…

(a) An appointing authority may at any time assign an employee from one position to another position in the same job classification or rank within the same department. Upon making such assignment, the appointing authority shall give written notice of such action and the reasons f…

(a) In cooperation with appointing authorities, the commissioner shall establish, and may periodically amend:(1) The standards of performance for employees;(2) The expected outcomes for employees; and(3) A system of job performance evaluations based upon the standards described i…

An appointing authority may suspend without pay an employee, for disciplinary purposes, for such length of time as the authority considers appropriate, not exceeding thirty (30) days in any twelve-month period. With the approval of the commissioner, an employee may be suspended f…

(a) An employee in the preferred service who has successfully completed a probationary period becomes a preferred service employee and may be dismissed, demoted, or suspended for cause. The dismissal of a preferred service employee will take effect immediately after the appointin…

(a) The department shall promulgate rules and guidelines establishing an appeal procedure for employees, which shall include the orderly conduct of proceedings. (b) An employee in the preferred service system, who has successfully completed the required probationary period, may f…

(a) The supervisor is responsible for maintaining the proper job performance level, conduct, and discipline of the employees under the supervisor's supervision. When corrective action is necessary, the supervisor should administer disciplinary action at the step appropriate to th…

For purposes of this part and unless otherwise specified in this part, time must be calculated in accordance with § 8-30-407.

(a) A state agency shall not require as a condition of eligibility for hire to a position in state employment that an applicant have a baccalaureate degree. (b) Subsection (a) does not apply if the knowledge, skills, or abilities required for the position for which an applicant i…

The commissioner may enter into agreements with any municipality or political subdivision of the state to furnish services and facilities of the department to such municipality or political subdivision in the administration of its personnel. Any such agreement shall provide for t…

All officers and employees of the state and of municipalities and political subdivisions of the state shall allow the department the reasonable use of public buildings under their control for conducting an assessment, hearing or investigation authorized by this part or part 3 of …

(a) No person shall make any false statement, certificate, mark, rating or report with regard to any assessment, certification or appointment made under any provision of this chapter, or in any manner commit or attempt to commit any fraud preventing the impartial execution of thi…

Nothing in this chapter shall be construed to prevent the commissioner, in the commissioner's discretion, from permitting any department in state service from complying with any condition or limitation included in, or affecting any grant from, the federal government or other publ…

Nothing in this chapter shall be construed to prohibit a state employee from engaging in outside employment. Such outside employment shall not adversely affect the employee's performance with the state, create a conflict of interest between such additional employment, or conflict…

The rules shall provide for the hours of work, holidays, attendance regulations and leaves of absence in state service. They may contain provisions for annual, sick, and special leaves of absence, with or without pay.

In computing any period of time prescribed or allowed by this chapter, the date of the act or event after which the designated period of time begins to run is not to be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a leg…