Office of Personnel Management - Rules - Title 530 Merit System of Personnel Administration

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Title 530
Office of Personnel Management
Chapter 10 -- Merit System of Personnel Administration Rules
(OPM Full Text As Amended July 1, 2008 -- UNOFFICIAL)

SUBCHAPTER 5. POSITION ALLOCATION AND EMPLOYEE CLASSIFICATION SYSTEM

PART 1. GENERAL PROVISIONS

Section
530:10-5-1. Purpose
530:10-5-2. Authority and responsibility of the Office of Personnel Management
530:10-5-3. Authority and responsibility of Appointing Authorities
530:10-5-4. Rights and responsibilities of employees
530:10-5-5. [RESERVED]
530:10-5-6. Notice of creation of positions, changes in positions and abolishment of positions
530:10-5-7. Filling of vacant positions prohibited
530:10-5-8. Job family descriptors
530:10-5-9. [RESERVED]
530:10-5-10. Classification of employees [REVOKED]
530:10-5-11. Detail to special duty [REVOKED; TEXT MOVED TO 530:10-11-110]
530:10-5-12 [RESERVED]
530:10-5-13. Authority to underfill positions [REVOKED]

PART 3. ALLOCATION OF POSITIONS

530:10-5-30. [RESERVED]
530:10-5-31. Authority for allocation of positions
530:10-5-32. [RESERVED]
530:10-5-33. Source of information for allocation of positions
530:10-5-34. Determination of appropriate job family

PART 4. ASSIGNMENT OF JOB FAMILY LEVELS

530:10-5-40. [RESERVED]
530:10-5-41. Authority for assignment of positions
530:10-5-42. [RESERVED]
530:10-5-43. [RESERVED]
530:10-5-44. Determination of appropriate job family level

PART 5. AUDITS OF POSITIONS

530:10-5-50. Initiation of audits
530:10-5-51. Classification disputes
530:10-5-52. Demotion resulting from position audit or reclassification
530:10-5-53. Effect when an occupied position is vacated during an audit
530:10-5-54. Collection and exchange of information about positions
530:10-5-55. Forms used to describe positions
530:10-5-56. Conduct of position audits
530:10-5-57. Conduct of classification survey audits
530:10-5-58. Reinitiation of audit after the allocation of a position becomes final

PART 7. IMPARTIAL REVIEW OF THE FINAL ALLOCATION OF A POSITION

[REVOKED]
530:10-5-70. Purpose of impartial review; exemption from Oklahoma Administrative Procedures Act [REVOKED]
530:10-5-71. Request for impartial review; request form [REVOKED]
530:10-5-72. Scheduling of impartial review [REVOKED]
530:10-5-73. Effect of request for review on the effective date of the final allocation of a position [REVOKED]
530:10-5-74. Conduct of impartial review [REVOKED]
530:10-5-75. Reaudit of position [REVOKED]
530:10-5-76. Cancellation of impartial review [REVOKED]
530:10-5-77. Results of impartial review [REVOKED]
530:10-5-78. Notice of results of impartial review [REVOKED]

PART 9. STATUS OF EMPLOYEES WHEN POSITIONS ARE REALLOCATED

530:10-5-90. Status of incumbent when job family is adopted or revised
530:10-5-91. Other position reallocations

PART 1. GENERAL PROVISIONS

530:10-5-1. Purpose and scope
(a) The purposes of the rules in this Subchapter are to establish:
(1) an employee classification system for all classified employees; and
(2) standards and procedures for conducting audits of classified positions.

(b) The rules in this Subchapter apply only to employees and positions in the classified service, unless otherwise specified.

530:10-5-2. Authority and responsibility of the Office of Personnel Management
(a) The Office of Personnel Management shall develop and maintain a classification system [74:840-1.6A] in which all positions within a job family and level are sufficiently similar in duties and responsibilities that:
    (1) the same descriptive title may be used to designate each position; and
    (2) essentially the same selection requirements and procedures may be used to select employees; and
    (3) under like working conditions, the same pay band may be applied.

(b) The Office of Personnel Management shall be responsible for the adoption, revision and abolishment of job family descriptors; for the audit of positions to determine the proper job family to which a position is allocated [74:840 4.3]; and for the assignment of position identification codes.

530:10-5-3. Authority and responsibility of Appointing Authorities
(a) Appointing Authorities have control of positions within their agency and have the authority to organize their agencies, to create positions, to abolish positions and to prescribe or change the duties and responsibilities assigned to any position or employee at any time. Appointing Authorities shall determine the level within a job family at which duties and responsibilities are assigned [74:840-4.3]. Appointing Authorities have the authority to reclassify employees in accordance with other provisions of the Merit Rules.

(b) Appointing Authorities are responsible for ensuring that:

(1) job family descriptors are reviewed at least annually and the Office of Personnel Management is notified of any recommended changes in job family descriptors;
(2) managers and supervisors assign work to employees on a regular and consistent basis that conforms with the employee's classification;
(3) employees are classified in accordance with the work they are assigned on a regular and consistent basis as an integral part of their normal job [74:840 4.3];
(4) managers and supervisors cooperate in position allocation audits and classification grievance audits by supplying timely and accurate information about positions being audited;
(5) all records relied on by the Appointing Authority in making changes to the job family level are maintained; and
(6) each employee is given a copy of the:
    (A) job family descriptor for the job family to which the position occupied by the employee is allocated if the employee requests a copy;
    (B) list of accountabilities to be used in evaluating the employee's performance, as required in 530:10 17 31; and
    (C) Position Description Questionnaire for the position if one exists and the employee requests a copy.

530:10-5-4. Rights and responsibilities of employees
(a) Employees shall be familiar with the job family descriptor, Position Description Questionnaire if one exists, and list of accountabilities for the position they occupy.

(b) Employees shall participate in the processes and procedures pertaining to the allocation of positions and classification of employees. This is a duty of all employees. Employees shall supply timely and accurate information about duties and responsibilities of other employees and positions when requested to do so.

(c) An employee has the right and responsibility to file a classification grievance, as provided by law and rule, when duties performed on a regular and consistent basis do not conform to the employee’s job family descriptor and level of assignment [74:840 4.3].

(d) Employees are entitled to the job family level they are currently assigned [74:840 4.3] and to perform work consistent with their classification. An employee is entitled to the compensation assigned to the job family level for which duties were performed on a regular and consistent basis. This provision does not entitle the employee to a higher job family level [74:840 4.3] and does not prohibit reclassification in accordance with other Merit Rules. Employees have no right to reclassification, to occupy a specific position, or to the continued assignment of specific duties and responsibilities.

(e) An employee is not required to perform all of the work operations described in a job family descriptor in order to be eligible for classification thereunder. An employee is not eligible or entitled to classification by reason of performing isolated or singular duties incidental to the job but which are described in another job family descriptor. Employees are entitled to the job family level they are currently assigned. [74:840 4.3]

(f) An employee normally performs some of the work of higher-rated jobs and some of the work of lower-rated jobs when required. The normal duties of an employee may include assistance to [other employees]. [74:840 4.3] An employee is required to perform the work operations and duties described or appraised as being covered by a job family descriptor pursuant to that degree or amount of guidance or instruction which is considered usual and normal in order to qualify for the classification [74:840 4.3].

(g) The fact that the list of accountabilities used in the appraisal of the employee's work performance in accordance with 530:10 17 31 does not include all of the tasks assigned to the employee, does not exempt the employee from performance of such tasks.

530:10-5-5. [RESERVED]

530:10-5-6. Notice of creation of positions, changes in positions and abolishment of positions
(a) After a position is created, the Appointing Authority shall furnish the Office of Personnel Management with a completed Position Description Questionnaire form. OAC 530:10-5-55 describes this form.

(b) The supervisor and the manager of a position shall review the Position Description Questionnaire each time the position becomes vacant to ensure that the duties assigned to the position are in substantial agreement with the job family descriptor and that both continue to identify the work the Appointing Authority wants assigned to the position.

(c) An Appointing Authority may change the duties and responsibilities of positions at any time. When there is a significant change in a position or if there is reason to believe the position is not properly allocated, the Appointing Authority shall request an audit of the position in accordance with 530:10 5 50.

(d) An Appointing Authority shall promptly notify the Office of Personnel Management when a position is abolished.

530:10-5-7. Filling of vacant positions prohibited
(a) No newly created position shall be filled by initial or internal appointment or otherwise encumbered until the position has been initially allocated by the Office of Personnel Management.

(b) An Appointing Authority shall not fill a vacant position being audited until the audit has been completed and the final allocation decision has been made. This prohibition does not apply during the conduct of survey audits of positions pursuant to 530:10 5 57.

530:10-5-8. Job family descriptors
(a) Purpose and use of job family descriptors. Job family descriptors shall be used to distinguish one job family from another as clearly and definitively as possible [74:840 4.3]. Job family descriptors shall also be used as a basis for:
    (1) allocating positions to job families [74:840 4.3];
    (2) selecting employees to fill positions;
    (3) assigning jobs to pay bands;
    (4) ensuring that employees are properly classified [74:840 4.3]; and
    (5) assigning positions to levels by the Appointing Authority.

(b) Format and content of job family descriptors. The Office of Personnel Management shall determine the format to be used in preparing job family descriptors.

(1) A job family descriptor shall consist of:
    (A) a title and code, including a code for each level in the job family descriptor;
    (B) a basic purpose describing duties, and responsibilities of employees in the job family;
    (C) typical functions performed;
    (D) knowledge and skills necessary to perform work at each level; and
    (E) the minimum qualifications, such as those for education and experience, that are required for initial or internal appointment to a job included in the job family.
(2) A job family descriptor may also include identification information and other information, such as position allocation standards, which facilitates the allocation of positions to job families, the selection of qualified employees, and the assignment of appropriate pay bands.

(c) Adoption, revision and abolishment of job family descriptors. After the initial conversion of classes to job families on November, 1, 1999, the Administrator shall have a public hearing before adopting a new job family descriptor or revising a job family descriptor to the extent that the allocation of positions or the pay band for the job family is affected, so that interested persons will have an opportunity to express their views. However, the Administrator may make other revisions to job family descriptors and may abolish unused job families as the need to do so is identified.

(d) Distribution of job family descriptors.

(1) Before the effective date of the adoption or revision of a job family descriptor for which positions in an agency have been allocated, the Office of Personnel Management shall provide the Appointing Authority with a copy of the job family descriptor.
(2) The Office of Personnel Management shall provide all agencies with a summary of all job family descriptors adopted, revised, or abolished within 1 month after the action.
(3) Appointing Authorities shall give employees notice of new and revised job family descriptors and give copies of job family descriptors to employees in the job family and their supervisors upon request.

530:10-5-9. [RESERVED]

530:10-5-10. Classification of employees [REVOKED]

530:10-5-11. Detail to special duty [REVOKED EFF. 7/1/02; TEXT OF RULE MOVED TO 530:10-11-110]

530:10-5-12. [RESERVED]

530:10-5-13. Authority to underfill positions [REVOKED]

PART 3. ALLOCATION OF POSITIONS

530:10-5-30. [RESERVED]

530:10-5-31. Authority for allocation of positions
The Office of Personnel Management has the authority to allocate a position to the appropriate job family. The Office of Personnel Management shall audit both vacant and occupied positions in accordance with Part 5 of this Subchapter, to determine if positions are properly allocated and shall reallocate positions if it is necessary.

530:10-5-32. [RESERVED]

530:10-5-33. Source of information for allocation of positions
The Office of Personnel Management shall allocate positions on the basis of relevant information supplied by the Appointing Authority. An incumbent employee will be given an opportunity to respond; however, the Office of Personnel Management will rely on the appointing authority for an official listing of the duties and responsibilities of the position [74:840 4.3(A)]. Except in processing classification reviews according to 530:10 5 51, the Office of Personnel Management shall not make a determination about what duties and responsibilities have been assigned to an employee in the past. The Office of Personnel Management shall not make a determination about what duties and responsibilities should be assigned to an employee in the future.

530:10-5-34. Determination of appropriate job family
(a) Job family descriptors shall be used in the determination of the allocation of positions. In determining the job family to which a position shall be allocated, a Position Description Questionnaire and a job family descriptor shall be interpreted and applied as a composite picture of positions the job family includes [74:840 4.3].

(b) Relevant information about the position shall be considered. This may include, but is not limited to, individual position descriptions, information submitted by the Appointing Authority and employee, job audit reports, organizational charts, and lists of accountabilities to be used in appraising performance in the position.

(c) Consideration shall be given to the specific tasks and duties, levels of authority and responsibility, supervision received and exercised, discretion and judgment required, management of work processes and programs, organizational relationships to other positions, and any other factors which assist in the proper allocation of the position.

(d) The Office of Personnel Management may consider the relationship of positions to gain a better understanding of the duties and responsibilities of a position being allocated. However, comparisons among positions are not the basis for the allocation of a position to a job family.

(e) The fact that all of the tasks of a position do not appear in the job family descriptor to which the position has been allocated shall not be taken to mean that the position is necessarily excluded from the job family, nor shall any one example of a typical task, taken without relation to the other parts of the job family descriptor, be construed as determining that a position should be allocated to the job family.

(f) If a job family descriptor which clearly encompasses the duties and responsibilities of a position does not already exist, the Office of Personnel Management shall allocate the position to the most appropriate existing job family, revise an existing job family descriptor, or prepare a new job family descriptor to describe the position.

PART 4. ASSIGNMENT OF JOB FAMILY LEVELS

530:10-5-40. [RESERVED]

530:10-5-41. Authority for assignment of positions
Appointing Authorities have the authority to assign a position to the appropriate job family level, consistent with the job family allocation made by the Office of Personnel Management. Appointing Authorities will be responsible for maintaining appropriate records to track and monitor the level assigned and any changes based on significant changes in duties and responsibilities.

530:10-5-42. [RESERVED]

530:10-5-43. [RESERVED]

530:10-5-44. Determination of appropriate job family level
(a) Appointing Authorities shall use job family descriptors and the job family allocation made by the Administrator in assigning positions to job family levels. In determining the job family level to which a position shall be assigned, Appointing Authorities shall interpret and apply the Position Description Questionnaire (OPM 39), and the job family descriptor as a composite picture of positions the job family level includes [74:840 4.3]. Appointing Authorities may also use a Supplemental Position Description Questionnaire (OPM 39A) in assigning positions to job family levels.

(d) Appointing Authorities may consider the relationship of positions to gain a better understanding of the duties and responsibilities of a position in assigning a position to a job family level. However, comparisons among positions are not the basis for the assignment of a position to a job family level.

PART 5. AUDITS OF POSITIONS

530:10-5-50. Initiation of audits
(a) The Office of Personnel Management may initiate audits of individual positions or survey audits of positions as any need to do so is identified.

(b) Audits of positions shall be conducted by the Office of Personnel Management at the written request of an Appointing Authority [74:840 4.3]. The written request shall include a Position Description Questionnaire completed according to 530:10-5-55.

(c) Audits of positions shall be conducted by the Office of Personnel Management at the written request of the Executive Director of the Merit Protection Commission in connection with a complaint filed with the Commission.\

(d) The Office of Personnel Management shall conduct audits on receipt of a Classification Dispute Review Request form completed according to 530:10-5-55.

530:10-5-51. Classification disputes
(a) An employee has the right and responsibility to file a classification grievance, as provided by law and rule, when duties performed on a regular and consistent basis do not conform to the job family descriptor [74:840 4.3]. The Office of Personnel Management shall not accept classification grievances directly from employees. A formal classification grievance shall be filed with the employing agency according to the rules for filing classification grievances promulgated by the Merit Protection Commission (OAC 455:10-19-1 et seq.). An internal classification grievance must be concluded within the agency before an employee may file a Classification Dispute Review Request form with the Office of Personnel Management. If the resolution decision by the Appointing Authority is to advise the employee to complete an Office of Personnel Management Classification Dispute Review Request form (OPM-70), as provided in OAC 455:10-19-35, the form will be submitted through appropriate supervisory channels to the agency office responsible for human resources functions.

(b) Upon receipt of a Classification Dispute Review Request form submitted through appropriate supervisory channels, the agency office responsible for human resources functions will review it along with any other appropriate records, including the internal grievance file, to determine the nature and scope of the grievance. If the grievance concerns only the job family level to which the position is assigned, a position audit will be conducted by a designated agency representative who has been assigned the responsibility to complete positions audits, to determine the proper job family level. If an Appointing Authority has been delegated position allocation authority in accordance with OAC 530:10-1-30, designated agency representatives will also be responsible for conducting classification grievance audits to determine both the appropriate job family and job family level. In conducting these audits, consideration shall be given to all relevant information concerning the position according to OAC 530:10-5-34.

(c) If the review of the Classification Dispute Review Request and other related information indicates that the grievance includes the job family to which the position is allocated, and the agency has not been delegated position allocation authority, the form will be forwarded within 20 days to the Office of Personnel Management requesting that a position audit be completed. The Office of Personnel Management will then be responsible for completing the audit and determining an appropriate job family for the position. Upon receipt of the allocation decision made by the Office of Personnel Management, a designated agency representative will be responsible for determining the proper job family level for the position.

(d) If an incumbent employee does not agree with the job family level assigned to a position by the Appointing Authority after completion of a grievance audit, the employee may request a review by the Office of Personnel Management. The employee shall submit the request to the agency office responsible for the agency’s human resources management functions within 20 calendar days of the date of the notice of the final decision by the agency. Within 7 calendar days of receipt, the agency shall attach all documents considered by the agency in determining the job family level to the request for review and submit it to the Office of Personnel Management. Within 14 calendar days of receipt, the Office of Personnel Management will review the information submitted and make a final decision concerning the proper level of assignment. Such decision shall be based solely on a review of the written documentation submitted.

(e) An employee may request an OPM review of the job family to which a position has been allocated by an agency which has delegated position allocation authority. The request for review must be received in the agency office responsible for the agency’s human resource management functions no later than 20 calendar days after the date of the final notice of the decision by the agency.

(f) An employee is entitled to the compensation assigned to the job family level for which duties were performed on a regular and consistent basis [74:840 4.3].

(g) If a classification grievance or a classification dispute review indicates an employee has not received the compensation assigned to the job family level for which duties were performed on a regular and consistent basis, the Appointing Authority shall compensate an employee for the difference between the employee’s actual rate of pay and the rate of pay the employee would have received on promotion to the job family level that was consistent with the duties and responsibilities of the employee. Back pay shall be limited to the date the employee filed the classification grievance pursuant to Section 840-6.2 of the Oklahoma Personnel Act.

530:10-5-52. Demotion resulting from position audit or reclassification
If an employee in the classified service is demoted as a result of a position audit or reclassification, the agency shall provide notice, to include all position description documentation, of such demotion to the Office of Personnel Management. The Office of Personnel Management shall review the findings of the agency prior to such demotion occurring, to ensure compliance with the law. The Office of Personnel Management shall complete the review and respond within ten (10) business days of receipt of notice. The provisions of this subsection shall not apply to demotions that are a result of a position audit or reclassification performed by the Office of Personnel Management. [74:842-6.5(B)]

530:10-5-53. Effect when an occupied position is vacated during an audit
If a position being audited is vacated, the person who filled the position will no longer have any involvement in the audit or the allocation of the position. The Office of Personnel Management will complete the audit and allocate the position on the same basis as any other vacant position.

530:10-5-54. Collection and exchange of information about positions
(a) In addition to the forms described in 530:10-5-55, the Office of Personnel Management may request other information from the Appointing Authority and from the employee if the position is occupied. Additionally, the Office of Personnel Management may collect information through on-site job audits, meetings or other methods. Only the Office of Personnel Management shall have authority to determine when an on-site audit is appropriate.

(b) A list of accountabilities to be used in the appraisal of an employee's work performance in the position in accordance with 530:10 17 31, does not by itself contain sufficient information to make a determination of appropriate allocation for the position.

(c) Upon completion of an audit and the allocation of a position in accordance with 530:10 5 56, the Office of Personnel Management shall send one copy of the allocated Position Description Questionnaire (or the Classification Dispute Review Request Form) to the Appointing Authority and one copy to the employee if the position is occupied. Other materials submitted to, or collected by, the Office of Personnel Management which were considered in the allocation of the position shall become the property of the Office of Personnel Management and shall not be returned. All such documents are open to the public.

(d) The Office of Personnel Management shall determine those records which are relevant to the proper allocation of a specific position and may refuse or return other records, such as, training manuals, operations manuals, evaluations of individual employee performance, work samples, magnetic tapes and disks, photographs, clippings, etc.

(e) Throughout the process that leads to the allocation of a position, the Appointing Authority shall give the employee who occupies the position being audited copies of any completed Position Description Questionnaire (if the audit was initiated by the Appointing Authority, the Office of Personnel Management, or the Executive Director of the Commission) and any additional written material about the position or the audit before the agency submits the material to the Office of Personnel Management.

(f) Any employee who occupies the position being audited shall provide written comments through appropriate supervisory channels in the agency. The employee shall send a copy of any Classification Dispute Review Request form (if the audit was initiated by a classification grievance) and any additional written material about the position or the audit through appropriate supervisory channels in the agency to the Office of Personnel Management. The Appointing Authority shall not alter the statements made by the employee and shall forward materials submitted by the employee to the Office of Personnel Management.

(g) Appointing Authorities shall ensure that employees occupying positions being audited are informed about appropriate supervisory channels in the agency, including when and where to submit information concerning the audit.

530:10-5-55. Forms used to describe positions
(a) Position Description Questionnaire. The basic document for the collection of information about positions is the Position Description Questionnaire (OPM 39), a form prescribed by the Office of Personnel Management. This form shall be completed by the Appointing Authority or a person designated by the Appointing Authority who is familiar with the duties and responsibilities the Appointing Authority has assigned to the position to be audited. The completed form shall be submitted to the Office of Personnel Management according to this Section. The purpose of the Position Description Questionnaire is to help the person completing the form supply the information about a position that is needed to properly allocate the position.

(1) The form contains instructions for its completion and for it to be accompanied by an organization chart showing the relationship of the position to other positions.
(2) The form contains spaces for the Appointing Authority or the Appointing Authority’s designee to:
    (A) identify himself or herself, the position described, any employee who occupies the position, and the agency where the position is located;
    (B) indicate the reasons for completion of the form;
    (C) describe the position, including but not limited to duties, supervision exercised and received, decision-making, work guidelines, equipment operated, personal contacts, fiscal impact of work, travel and other special requirements; and
    (D) sign and date the form.
(3) The form contains spaces for any employee occupying the position to indicate having read the completed form.
(4) The form contains spaces for the Office of Personnel Management to record the:
    (A) allocation of the position;
    (B) staff member making the allocation; and
    (C) date of the allocation.

(b) Classification Dispute Review Request form. A completed Classification Dispute Review Request form (OPM 70) shall be used as the basis for the allocation and assignment of a position instead of a Position Description Questionnaire if the audit is initiated as a result of a classification dispute according to 530:10 5 51. This form shall be completed by the employee who occupies the position and is the only form authorized for use in completing an audit or review of a position as a result of a classification grievance. The completed form shall be submitted to the Office of Personnel Management according to this Section. The purposes of the Classification Dispute Review Request form are to help the employee completing the form supply the information about his or her duties and responsibilities, to help the Appointing Authority in comparing what the employee does or has done with what the Appointing Authority wants done, and to help persons who are allocating the position or reviewing the classification of the employee to make the correct decision.

(1) The form contains instructions for completing the form which require it to be accompanied by an organization chart showing the relationship of the position to other positions.
(2) The form contains spaces for the incumbent employee to:
    (A) identify himself or herself, the position occupied, and the agency where the position is located;
    (B) indicate the reasons for completion of the form;
    (C) describe his or her position, including but not limited to duties, supervision exercised and received, decision-making, work guidelines, equipment operated, personal contacts, fiscal impact of work, travel and other special requirements; and
    (D) sign and date the form.
(3) The form contains spaces for the Appointing Authority or a person designated by the Appointing Authority to respond to the employee’s statements.
(4) The form contains spaces for the Office of Personnel Management to record the:
    (A) allocation of the position or the classification of the duties and responsibilities;
    (B) staff member making the decision; and
    (C) date of the decision.

(c) Supplemental Position Description Questionnaire. An additional document for the collection of information about positions is the Supplemental Position Description Questionnaire (OPM 39A). This form is designed primarily for the collection of information concerning significant changes in the duties and responsibilities assigned to a position since it was last audited and may be used by agencies in conducting reviews related to the job family level to which a position is assigned to determine whether assignment to another level is appropriate. This form will be completed by the Appointing Authority or a person designated by the Appointing Authority who is familiar with the duties and responsibilities the Appointing Authority has assigned or wishes to be assigned to the position. Agencies may also use other forms or methods for collecting the information needed, if desired.

530:10-5-56. Conduct of position audits
(a) The conduct of an audit of a position begins when a properly completed Position Description Questionnaire (OPM 39) or a Classification Dispute Review Request form (OPM 70) is received in the Office of Personnel Management. The Office of Personnel Management reserves the right to refuse to accept incomplete or improperly completed forms.

(b) The Office of Personnel Management shall send a written notice of the allocation of the position and its effective date to the Appointing Authority and the employee if the position is occupied. If the Office of Personnel Management finds that an allocation shall not be made within 30 calendar days after the receipt of a properly completed form according to (a) of this Section, both the Appointing Authority and the employee shall be sent written notice of the expected date of allocation. If the audit is conducted at the request of the Executive Director of the Merit Protection Commission, a notice shall be sent to the Executive Director.

(c) After an allocation has been made by the Office of Personnel Management, the Appointing Authority shall assign an appropriate level to the position based on the duties and responsibilities assigned. If the position is occupied, the Appointing Authority shall send a written notice of the level assignment and its effective date to the employee within 20 calendar days of receipt of the OPM allocation.

(d) Position audits by an agency, either to determine the proper job family level or to determine an appropriate allocation under a position allocation delegation agreement, shall begin upon receipt of a properly completed Position Description Questionnaire (OPM 39), Classification Dispute Review Request (OPM 70), Supplemental Position Description Questionnaire (OPM 39A), or other information prescribed by the agency. These audits shall be completed within 30 calendar days after the receipt of required information, or the requesting official and the incumbent employee shall be provided written notice of the expected date of completion.

530:10-5-57. Conduct of classification survey audits
(a) The Office of Personnel Management may conduct audits of positions within job families to resolve internal inequities in the allocation of positions and to determine the need to adopt, revise or abolish job family descriptors. While survey audits are being conducted, the timing and methods for collection of information and issuance of notices provided for individual audits shall not apply. The Office of Personnel Management shall notify Appointing Authorities and employees of the procedures to be followed during survey audits as survey audits are conducted.

(b) The allocation of positions may be delayed by the Office of Personnel Management until after the completion of the survey audit and the effective date of adoption, revision or abolishment of job family descriptors as appropriate. At such time, the provisions of 530:10 5 56 shall become applicable.

530:10-5-58. Reinitiation of audit after the allocation of a position becomes final
Once the allocation of a position to a job family becomes final in accordance with the Merit Rules in this Subchapter, the Appointing Authority shall not reinitiate an audit unless the duties and responsibilities of the position are significantly changed, a new job family descriptor is adopted, an existing job family descriptor is revised, or a classification survey is conducted that results in a better understanding of the duties and responsibilities of the position.

PART 7. IMPARTIAL REVIEW OF THE FINAL ALLOCATION OF A POSITION [REVOKED]

PART 9. STATUS OF EMPLOYEES WHEN POSITIONS ARE REALLOCATED

530:10-5-90. Status of incumbent when job family is adopted or revised
(a) Direct reclassification does not require individual position audit or promotional posting. In all cases where licensure, certification, or examination is required by law, the requirement shall be met by the employee within any time limits prescribed by law. Otherwise, the employee shall not be required to possess the minimum qualifications or be examined for the successor job family level.

(b) An Appointing Authority shall directly reclassify a probationary or permanent employee in a position which has been reallocated to the job family level to which the position was reallocated, if the:

(1) Office of Personnel Management determines that the duties and responsibilities corresponding with an employee's job family level are identified as part of a new or revised job family descriptor; and
(2) employee had status in the former job family level on a regular basis, that is, not on detail to special duty; however, direct reclassification shall not cancel or otherwise affect a probationary period with the agency or a trial period after promotion.

(c) Direct reclassification shall take place within 30 calendar days after the effective date of the adoption of the new or revised job family descriptor.

(d) If the employee is ineligible for direct reclassification and the Appointing Authority does not or cannot directly reclassify, promote, demote, or transfer the employee, or detail the employee to special duty, the applicable provisions in the Merit Rules for reductions-in-force shall apply.

530:10-5-91. Other position reallocations
(a) If a position is reallocated under conditions other than those outlined in 530:10 5 90, and the classification of an incumbent employee does not match the new allocation of the position, the Appointing Authority shall take action within 60 calendar days after the effective date of the allocation to ensure that the employee is properly classified. The Appointing Authority may:

(1) transfer a permanent employee to another position in the agency allocated to the job family matching the classification of the employee in accordance with the Merit Rules governing transfers; or
(2) change the duties of the position to the extent necessary to reflect the classification of the employee and initiate another audit of the position; or
(3) reclassify a permanent employee to the job family to which the position occupied by the employee was reallocated.

(b) If the employee is ineligible or is not selected to continue in the reallocated position, and if the Appointing Authority does not or cannot promote,
demote or transfer the employee, detail the employee to special duty or change the duties of the position to match the classification of the employee, the applicable provisions in Merit Rules for reductions-in-force shall apply.