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23.14Demotion

A permanent or probationary employee may be demoted for cause, or at his or her own request to any position for which he or she possesses the Minimum Qualifications established for the job.

23.15Restoration of Duty upon Return from Military Service

Any employee , who subsequent to June 24, 1948, has left or leaves a classified position in which he was or is serving with probationary or permanent status, for active duty in the armed forces of the United States for not more than six years of voluntary service or an indefinite period of involuntary service and who upon separation from the armed forces by honorable discharge or under honorable conditions makes application for reemployment within ninety days thereof or within ninety days after he or she is released from hospitalization continuing after discharge for a period of not more than one year shall

(a)If still qualified to perform the duties of such position, be restored by his or her department to such position or to a position of like seniority, status, and pay; or

(b)If not qualified to perform the duties of such position by reason of disability sustained during such service but qualified to perform duties of any other position in the department where he or she formerly worked, be restored to such other position the duties of which he or she is qualified to perform as will provide him or her like seniority, status and pay or the nearest approximation thereof consistent with the circumstances in his or her case.

23.16Cancellation of Eligibility for Appointment

(a)The Director may cancel the employment eligibility of any applicant or of any employee serving with other than

permanent status following certification or employment if the applicant/employee:

1.Cannot be legally employed.
2.Does not meet the Minimum Qualifications established for the job.
3.Has been convicted of a felony.
4.While serving with permanent status, was dismissed from state service or resigned to avoid dismissal.
5.Has submitted false information during the application or examination process or otherwise attempted to fraudulently secure eligibility for appointment for either self or others.

(b)An applicant whose employment eligibility has been cancelled under this Rule shall be notified by the Director

(c)Having cancelled the employment eligibility of an employee in accordance under this Rule, the Director shall notify the employee and the appointing authority, and the appointing authority shall terminate his or her employment.

23.17Withdrawal of Authority

The Director may withdraw from an appointing authority any authority the Director authorized under this chapter.

Explanation for Chapter 23

explanations of any significant changes under Comments.

New Rule

Title

Reference

Comments

23.1

Appointments

New

This rule establishes the mandates required by the constitution. It is necessary to provide the basis for open competition and ability based appointments.

23.2

Appointments from Certificates

8.9

Rule 22.9 authorizes agencies to create certificates. This rule provides the mechanism to make probational appointments, job-appointments and promotions.

23.3

Probational Appointment

(a) New

(b) 8.10.1(a)

Establishes the exceptions allowed to make a probational appointment without a certificate.

23.4

Promotion

(a) New

(b) 8.20(c)

(c) 8.20(d)

Establishes the exceptions allowed to make a promotion without a certificate.

23.5

Job Appointment

(a) 8.14(a) & 8.14(f)

(b) 8.14(c)

(c) 8.14(e)

(d)8.14(g)

Establishes the exceptions allowed to make a job-appointment without a certificate.

23.6

Restricted Appointment

8.10

Changed time employee allowed to be on restricted from six months to 1040 hours.

23.7

Temporary Staffing Services Employee

8.10.01

Minor editing for clarity

23.8

Transfer of Individual Employees

8.15(a)

(a) Minor editing for clarity.

Note that rules governing the Transfer of governmental Functions and Acquisitions have been moved to Chapter 24.

23.9

Temporary Inter-Departmental Assignment

8.15.1

No change.

23.10

Reassignment

8.16(a)

No change.

23.11

Change in Duty Station

8.16(c)

No substantial change – eliminated reference to a provisional employee.

23.12

Detail to Special Duty

8.16(d)

Edited for clarity.

Louisiana Register   Vol. 34, No. 10   October 20, 2008

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