AUTHORITY: Implementing and authorized by the Personnel Code [20 ILCS 415].

SOURCE: Filed May 29, 1975; amended at 2 Ill. Reg. 33, p. 24, effective September 1, 1978; amended at 3 Ill. Reg. 1, p. 63, effective January 1, 1979; amended at 3 Ill. Reg. 22, p. 78, effective June 1, 1979; emergency amendment at 3 Ill. Reg. 48, p. 188, effective January 1, 1980, for a maximum of 150 days; emergency amendment at 4 Ill. Reg. 1, p. 76, effective January 1, 1980, for a maximum of 150 days; amended at 4 Ill. Reg. 11, p. 67, effective March 1, 1980; amended at 4 Ill. Reg. 15, p. 216, effective March 31, 1980; amended at 4 Ill. Reg. 22, p. 227, effective June 1, 1980; amended at 5 Ill. Reg. 8029, effective August 1, 1981; amended at 7 Ill. Reg. 654, effective January 5, 1983; codified at 7 Ill. Reg. 13198; amended at 8 Ill. Reg. 7788, effective May 23, 1984; emergency amendment at 9 Ill. Reg. 241, effective January 1, 1985, for a maximum of 150 days; amended at 9 Ill. Reg. 7907, effective May 15, 1985; amended at 10 Ill. Reg. 13940, effective September 1, 1986; amended at 12 Ill. Reg. 5634, effective March 15, 1988; emergency amendment at 12 Ill. Reg. 16214, effective September 23, 1988, for a maximum of 150 days; emergency expired February 20, 1989; amended at 13 Ill. Reg. 3722, effective March 13, 1989; amended at 13 Ill. Reg. 10820, effective June 23, 1989; amended at 13 Ill. Reg. 12970, effective August 1, 1989; amended at 15 Ill. Reg. 17974, effective November 27, 1991; amended at 16 Ill. Reg. 8375, effective May 21, 1992; emergency amendment at 16 Ill. Reg. 11645, effective July 6, 1992, for a maximum of 150 days; amended at 16 Ill. Reg. 13489, effective August 19, 1992; amended at 16 Ill. Reg. 17607, effective November 6, 1992; amended at 17 Ill. Reg. 3169, effective March 1, 1993; amended at 18 Ill. Reg. 1892, effective January 25, 1994; amended at 18 Ill. Reg. 17183, effective November 21, 1994; amended at 19 Ill. Reg. 8145, effective June 7, 1995; amended at 20 Ill. Reg. 3507, effective February 13, 1996; amended at 21 Ill. Reg. 15462, effective November 24, 1997; amended at 22 Ill. Reg. 14735, effective August 3, 1998; amended at 26 Ill. Reg. 15285, effective October 15, 2002; amended at 29 Ill. Reg. 11800, effective July 14, 2005; emergency amendment at 30 Ill. Reg. 12366, effective July 1, 2006, for a maximum of 150 days; amended at 30 Ill. Reg. 18270, effective November 13, 2006; amended at 31 Ill. Reg. 15069, effective October 26, 2007; emergency amendment at 32 Ill. Reg. 19935, effective December 9, 2008, for a maximum of 150 days; amended at 33 Ill. Reg. 6495, effective April 23, 2009; amended at 33 Ill. Reg. 16560, effective November 13, 2009; amended at 36 Ill. Reg. 9384, effective June 14, 2012; amended at 42 Ill. Reg. 12956, effective June 25, 2018; amended at 46 Ill. Reg. 14701, effective August 11, 2022.

SUBPART A: APPLICATION AND EXAMINATION

 

Section 302.10  Examinations

 

a)         The Director shall conduct open competitive and promotional examinations to determine the relative fitness of applicants.  Examinations may include an evaluation of such factors as education, experience, training, capacity, knowledge, manual dexterity, character, and physical fitness.  Tests shall be job related and may be written, oral, physical demonstration of skill, an evaluation of physical or manual fitness, or an evaluation of training and experience.  Examinations shall consist of one or more tests in any combination.  Where minimum or maximum requirements are established for any examination they shall be specified in the examination announcement.

 

b)         Applicants shall not be questioned with respect to non-merit matters except as is necessary to meet the requirements of law or State policy.

 

c)         In lieu of announcing or conducting examinations, the Director may accept the results of competitive examinations conducted by any established merit system subject to the Director's determination that such examinations are comparable in difficulty and comprehensiveness to those conducted by the Department of Central Management Services for similar positions.

 

(Source:  Amended at 2 Ill. Reg. 33, p. 24, effective September 1, 1978)

 

Section 302.20  Time, Place, Conduct, Cancellation, Postponement and Suspension of Examinations

 

Examinations shall be conducted by the Director or the Director's designee at such times and places deemed to be practical, convenient and in the best interests of the State service.  The Director may upon timely notice cancel or postpone any examination when there is an insufficient number of qualified candidates.  The Director may discontinue offering any examination in the State when there is a sufficient number of eligibles on the eligible list to meet the needs of the State service.

 

Section 302.30  Veterans Preference

 

a)         Appropriate preference in entrance examinations shall be granted to qualified veterans who have been members of the armed forces of the United States or to qualified veterans who, while citizens of the United States, were members of the armed forces of allies of the United States in time of hostilities with a foreign country (as set forth in Section 8b7 of the Personnel Code) and to certain other persons as set forth in this Section.

 

b)         To be eligible, applicant must have received discharge under honorable conditions and served under one or more of the following conditions:

 

1)         Served, for at least six months, in the armed forces of the United States, the Illinois National Guard, or any reserve component of the armed forces of the United States; or

 

2)         While a U.S. citizen, been a member of the armed forces of an ally of the U.S. in time of hostilities with a foreign country; or

 

3)         Discharged on the grounds of hardship; or

 

4)         Released from active duty because of a service connected disability; or

 

5)         Served for the duration of hostilities regardless of the length of engagement.

 

c)         Preference will be in the form of points added to the final grades of persons who otherwise qualify and are entitled to appear on the list of those eligible for appointments.  Preference in entrance examinations will be granted as follows:

 

1)         Ten points shall be added to the entrance examination grade for veteran eligibles currently holding proof of a service connected disability from the U.S. Department of Veterans Affairs or from an allied country for service connected disabilities or if the veteran is a purple heart recipient.

 

2)         Five points shall be added to the entrance examination grade for veteran eligibles who have served during a time of hostilities with a foreign country and who meet the qualifications set forth in subsection (b), but who do not qualify for 10 points under subsection (c)(1).

 

3)         A person not eligible for a preference under subsection (c)(1) or (c)(2) is qualified for a preference of 3 points if the person has served in the armed forces of the United States, the Illinois National Guard, or any reserve component of the armed forces of the United States and the person:

 

A)        served for at least 6 months and has been discharged under honorable conditions; or

 

B)        has been discharged on the grounds of hardship; or

 

C)        was released from active duty because of a service connected disability; or

 

D)        served a minimum of 4 years in the Illinois National Guard or reserve component of the armed forces of the United States, regardless of whether the person was mobilized to active duty.

 

4)         An active member of the National Guard or a reserve component of the armed forces of the United States is eligible for the preference described in subsection (c)(3) if the member meets the service requirements of subsection (c)(3).

 

d)         If category ratings are used, the veteran eligibles in each category shall be preferred for appointment before the non-veteran eligibles in the same category.

 

e)         The following shall be entitled to the same preference to which the veteran would have been entitled under this Section:

 

1)         a surviving unremarried spouse or civil union partner, who has not subsequently married or entered into a civil union, of a veteran who suffered a service connected death; or

 

2)         the spouse or civil union partner of a veteran who suffered a service connected disability that prevents the veteran from qualifying for civil service employment.

 

f)         A preference shall also be given to the following individuals: 10 points for one parent of a veteran who is not married or in a civil union partnership who suffered a service connected death or a service connected disability that prevents the veteran from qualifying for civil service employment.  The first parent to receive a civil service appointment shall be the parent entitled to the preference.

 

g)         Before a veteran's preference is granted, the Department of Central Management Services must verify the applicant's entitlement to the preference by requiring a certified copy of the applicant's most recent DD-214 (Certificate of Release or Discharge from Active Duty) or other evidence of the applicant's most recent honorable discharge from the Armed Forces of the United States. The Department of Central Management Services shall determine whether the documentation submitted by the applicant is acceptable. To be acceptable, the documentation submitted must be an authentic, official record of the United States Armed Forces evidencing the individual's military service.

 

(Source:  Amended at 42 Ill. Reg. 12956, effective June 25, 2018)

 

Section 302.40  Announcement of Examination

 

Public announcement of an open competitive examination shall be made at least 2 weeks prior to the date the examination is to be conducted except as otherwise provided for in Section 302.10.  Announcements shall be posted on a conspicuous bulletin board in each office of the Department of Central Management Services. Announcements may also be circulated through the press, radio, television, and other forms of public communication.  Announcements shall specify the date and manner in which an application for examination shall be made. Announcements of promotional examinations shall be distributed to all agencies subject to the Personnel Code and made available to employees upon request.

 

(Source:  Amended at 2 Ill. Reg. 33, p. 24, effective September 1, 1978)

 

Section 302.52  Notice to Eligibles

 

In the event a change in the classification or testing standards or other change requires the elimination of an eligible list for a class, or of certain previously qualified eligibles from such a list, the Director shall notify each person thus losing eligibility of such new or revised requirements as soon as practicable, and when the revised examination is repeated, shall again notify each person in order that each may be given an opportunity to reestablish eligibility.

 

Section 302.55  Grading Examinations

 

The Director shall establish passing grades for examinations.  Final grading of tests and examinations shall be completed as quickly as is reasonably practicable.

 

Section 302.60  Retaking or Regrading Examinations

 

The retaking or regrading of examinations will be permitted only in accordance with the following provisions:

 

a)         Retaking examinations

 

1)         No applicant shall be permitted to retake a test or tests included within an examination until 30 days have elapsed.  This limitation may, however, be waived when in the judgement of the Director the best interests of the State require such waiver.

 

2)         No applicant may be permitted to retake a test included within an examination more than 12 months after the original date of examination.

 

3)         For purposes of ranking on eligible lists, the grades of applicants who retake a test or tests included within an examination shall be computed by using the latest passing scores attained by such applicants.

 

b)         Regrading examinations

 

1)         At the request of an applicant who has completed an open competitive examination, the Director may regrade the examination taken by that applicant for placement on the eligible list for another class when the qualifications and examination standards for the new class are similar to those of the class for which tested.

 

2)         When a candidate makes an application for subsequent examination for the same or a different title having one or more identical tests which had been taken within the preceding 12 months, the Director may utilize the test or tests previously taken in lieu of requiring the candidate to repeat the applicable test or tests included within the examination.

 

Section 302.70  Application and Eligibility

 

a)         Admission to competitive examinations shall be granted only to applicants who meet such requirements as have been established by the Department for admission to the examination.

 

b)         When results of examinations conducted by merit systems other than under the Personnel Code are utilized pursuant to Section 302.10 the requirements of this section on application and eligibility shall be ruled as having been met.

SUBPART B: APPOINTMENT AND SELECTION

 

Section 302.80  Eligible Lists

 

a)         The Department shall establish and maintain lists of qualified applicants resulting from open competitive and promotional examinations.  Such lists shall be in the order of the relative excellence of the qualified applicants whether by numerical grade or in category groupings.

 

b)         The Director may limit eligible lists to positions in one or more organizational units or in one or more agencies or to certain areas or locations.

 

c)         The length of time an eligible list is to be in existence or the length of time a name may remain on the list shall be specified in the examination announcement.

 

d)         The director may approve the written request of an agency or applicant to extend the eligibility of a qualified eligible candidate when the extension is necessary to assist in achieving affirmative action goals in employment. The extended period of eligibility shall not exceed the duration of the original period of eligibility and shall not be renewed. The decision to approve an extension request will be based upon whether there is an under-representation of minority eligibles and will be approved only for those position titles that are not on continuous call for examination.

 

(Source:  Amended at 16 Ill. Reg. 8375, effective May 21, 1992)

 

Section 302.90  Appointments

 

a)         Except as provided in subsection (b), the filling of a vacant position subject to Jurisdiction B of the Personnel Code may be made in any of the following ways:

 

1)         by appointment from the appropriate open competitive list;

 

2)         by promotion of a certified employee or a probationary employee who has been certified during the current period of continuous service from the applicable promotional list after giving appropriate consideration to employee qualifications, performance, seniority, and conduct;

 

3)         by reinstatement of a former certified employee;

 

4)         by intra-agency, inter-agency or merit system transfer;

 

5)         by demoting an employee after having filed charges;

 

6)         by accepting an employee's request for a voluntary reduction;

 

7)         by selection from the alternative employment list established under Section 302.91; or

 

8)         for positions subject to Term Appointment, by appointment of the Director or the Chairman of the Department, Board or Commission in which the position is located pursuant to Section 302.820.

 

b)         No position may be filled by any of the means listed in subsection (a) when there is an available person on a reemployment list for that title in the agency and for the county, location or area in which the position is established, and, no position may be filled by appointment (subsection (a)(1)) or reinstatement (subsection (a)(3)) if there is  an available person on the alternative employment list (subsection (a)(7)).

 

(Source:  Amended at 26 Ill. Reg. 15285, effective October 15, 2002)

 

Section 302.91  Alternative Employment

 

a)         The Department shall establish and maintain an alternative employment list for certified employees who, due to a work related or non-work related disability which permanently precludes the performance of regularly assigned duties, are on disability leave, on other appropriate leave or who are receiving disability benefits.  The alternative employment list shall be established and maintained by county or other geographical area approved by the Director.  The names of employees shall be placed on the alternative employment list in order of continuous service as defined in Section 302.190 under the following conditions:

 

1)         the employee shall voluntarily submit a written request for placement on the alternative employment list and specify the county or area in which he or she will accept employment provided such position is established in that location;

 

2)         the employee shall be eligible for appointment to such alternative employment by virtue of Section 302.10 or 302.610;

 

3)         the employee shall be deemed able to perform the duties of the alternative position after examination, if requested, by a person licensed under the Medical Practice Act (Ill. Rev. Stat. 1985, ch. 111, pars. 4401 et seq.) or under similar laws of Illinois, the laws of other states or countries, or by an individual authorized by a recognized religious denomination to treat by prayer or spiritual means.

 

b)         Refusal of an employee to request placement on the alternative employment list shall not jeopardize the employee's eligibility for any benefit relating to the disability to which he or she would otherwise be entitled.

 

c)         After appointment to an alternative employment position, the employee shall be entitled to all the rights, benefits and privileges of jurisdictions A, B and C and any applicable collective bargaining agreement.

 

d)         The Director shall remove the name of any employee from the alternative employment list who refuses an offer of employment in a position if he or she is able to perform the duties of that position but shall not remove the name if the employee cannot perform the duties of the position due to the disabling condition or reasons related to the disability.

 

(Source:  Added at 12 Ill. Reg. 5634, effective March 15, 1988)

 

Section 302.100  Geographic Preference

 

Applicants for employment shall specify one or more of the locations or areas in which they will accept employment from those choices made available at the time of the examination or which may be made available at a later date.

 

Section 302.105  Pre-Employment Screening

 

a)         Agencies may implement programs for pre-employment screening of persons who the Department has determined are eligible under this Part.  Any program for pre-employment screening of eligibles, as well as the standards established by the appointing agency as a part of such screening, including but not limited to performance tests, mental ability tests, physical agility tests, job knowledge tests, assessment center evaluations, medical examinations, drug use tests, polygraph tests, personality inventory or other psychological tests, or any height/weight/age/sex requirement, shall be implemented only after review and approval by the Director.  Any substantive changes to previously approved pre-employment screening programs or standards (i.e., changes which could add potentially disqualifying criteria for job applicants) must also be approved by the Director prior to implementation.  Procedures for routine reference verification and pre-employment background checking shall not require prior approval of the Director.

 

b)         If an agency is operating a program for pre-employment screening on the effective date of this Section, such program, as well as the standards, must be submitted to the Director for approval within sixty (60) days of the effective date of this Section.

 

c)         In determining whether new or existing pre-employment screening programs or substantive changes to previously approved programs should be approved, factors the Director will consider include job relatedness, compliance with federal or state statutes and regulations, the needs of the requesting agency and consistency with the examination program provided in this Part.

 

(Source:  Added at 13 Ill. Reg. 10820, effective June 23, 1989)

 

Section 302.110  Appointment From Eligible List

 

When an appointment to a position is made from an eligible list resulting from an open competitive or promotional examination, such appointment shall be made of the person standing among those who are available within the 3 highest grades, if such a list is in order of examination grade, or from the highest ranking group, if such list is in category groupings, except as provided for under Section 302.160.

 

(Source:  Amended at 2 Ill. Reg. 33, p. 24, effective September 1, 1978)

 

Section 302.120  Responsibilities of Eligibles

 

It shall be the responsibility of each eligible to inform the Department in writing of any changes in address or availability for employment.

 

Section 302.130  Removal of Names From Eligible Lists

 

a)         The Director shall remove names from an eligible list for any of the following reasons:

 

1)         Appointment of an eligible from the eligible list;

 

2)         Death of an eligible;

 

3)         Notice by postal authorities that they are unable to locate the eligible at the eligible's last known address;

 

4)         Attempt by an eligible to practice any deception or fraud in connection with an examination, after providing the eligible an opportunity to appeal and provide information to support their appeal, which shall be considered when determining their eligibility as a candidate for employment [20 ILCS 415/8b.4];

 

5)         Information that the eligible lacks any of the qualifications required for the class for which the eligible was erroneously declared eligible;

 

6)         Request of an eligible to remove name.

 

b)         The Director may remove names from an eligible list for any of the following reasons.  Eligibles shall be notified of such removal.

 

1)         Failure of an eligible, upon referral, to reply or to report for interview;

 

2)         After accepting employment, failure without good cause to report to work within the time prescribed by the employing agency or the Department of Central Management Services;

 

3)         Failure of an eligible, upon request, to furnish written evidence of availability for employment;

 

4)         Specifying conditions of employment by an eligible which are not associated with the class for which eligible;

 

5)         Refusal of an eligible to accept 2 separate offers of employment;

 

6)         A request by an agency for removal of an eligible who has been passed over 3 times, after referral to the same agency, for the appointment of an eligible lower on the list;

 

7)         Poor work history of eligible;

 

8)         Former experience and history of eligible not compatible with duties and responsibilities of the class;

 

9)         Physical inability of eligible to perform the duties and responsibilities of the class;

 

10)        At the request of an agency for good and sufficient cause;

 

11)        After eligible accepts promotion;

 

12)        When a change in either classification or testing standards or other change requires such action;

 

13)        Conviction of an eligible of a felony.

 

(Source:  Amended at 46 Ill. Reg. 14701, effective August 11, 2022)

 

Section 302.140  Replacement of Names on Eligible List

 

a)         The Director may restore a name to the same eligible list when such action is in the best interest of the State.

 

b)         Names of veterans returning from active military service of not more than 4 years shall be restored to an eligible list for the same class if the request is made by the veteran within 90 days after discharge or from hospitalization continuing after discharge for not more than one year. The eligible must provide evidence of satisfactory completion of training and service when making the request and be qualified to perform the current duties of the class.

 

c)         Names of employees who are laid off during their probationary period shall be returned to the eligible list for the class in which the layoff occurred.

 

d)         Names so restored shall be at the grade in effect when the removal from the list was made and may not remain on the list after that period of time which is equal to the unexpired time remaining of the original eligibility.

 

Section 302.150  Appointment and Status

 

The following types of appointment and status may be made by the Director:

 

a)         Exempt:  For persons in positions not subject to Jurisdiction B.  If an exempt employee's position becomes subject to Jurisdiction B by reason of extension of Jurisdiction B, pursuant to Section 4b of the Personnel Code, such employee shall establish eligibility for such position by passing satisfactorily a qualifying examination prescribed by the Director within 6 months after the extension of Jurisdiction B to such position.  In all other cases, if an exempt employee's position becomes subject to Jurisdiction B, such employee shall establish eligibility for such position within 6 months by successfully competing in the open competitive examination and receiving a probationary appointment according to applicable rules.

 

b)         Emergency:  For persons selected by agencies to meet emergency situations. Such appointments shall not exceed 60 days, shall not be renewed and may be made without regard to an eligible list.  Notices of selections and terminations shall be reported immediately to the Director.

 

c)         Temporary:  For persons in positions to perform temporary or seasonal work.  No position shall be filled by temporary appointment for more than 6 months out of any 12-month period.

 

d)         Provisional:  For persons in positions for which there are fewer than 3 available eligibles on the open competitive eligible list.  No positions shall be filled by provisional appointment for more than 6 months out of any 12-month period.  If a provisional employee's position is allocated to a class for which there are available eligibles, eligibility for such position shall be established within 90 days through successfully competing in the open competitive examination and receiving a probationary appointment according to the applicable rules herein.

 

e)         Probationary:  For persons appointed from an eligible list, for persons receiving a promotion and for persons being reinstated.  If a probationary employee's position is declared exempt from Jurisdiction B, the balance of the probationary period shall be served after which certified status shall be attained.

 

f)         Certified:  For persons having successfully completed the required probationary period.  If a certified employee's position is declared exempt from Jurisdiction B, certified status shall be retained in that position.

 

g)         Trainee:  For persons in positions pursuant to established trainee and apprenticeship programs.

 

h)         Term:  For persons appointed for a four year term.  At the expiration of four years, the appointment automatically terminates unless renewed by the Director or Chairman of the employing department, commission or board. During the term of appointment, these persons shall be subject to Jurisdictions A, B, and C of the Personnel Code.

 

i)          Intermittent:  For persons appointed pursuant to subsections (e) or (f) above whose work schedule varies from the regular work schedule of the operating agency as provided in an intermittent program established pursuant to Section 302.325.  Incumbents in positions given intermittent status pursuant to such programs shall be allowed to remain in the position at the time the intermittent status is given.

 

j)          Interim Assignment:  For a certified non-bargaining unit employee in a salary grade or merit compensation (including broad-band and medical administrator) position assigned to perform on a full-time interim basis and be accountable for the higher-level duties and responsibilities of a non-bargaining unit, salary grade or merit compensation (including broad-band and medical administrator) position.  The position shall have higher-level duties and responsibilities within the same broadband position classification or a position classification with a higher pay grade or range.  The interim assignment shall be to a position within the same agency.  The agency shall provide written justification of the need for the interim assignment and the interim assignment occurs upon the approval of the Director of Central Management Services.  The initial interim assignment of the employee to the position shall not exceed six months, but may be extended in six-month increments upon the approval of the Director of Central Management Services, for good cause shown.  The agency shall ensure that the minimum training and experience qualifications are met for the position with higher-level duties and responsibilities.  The employee must request a leave of absence from the current position to accept the interim assignment.  An employee in interim assignment status cannot be transferred or promoted.

 

(Source:  Amended at 30 Ill. Reg. 18270, effective November 13, 2006)

 

Section 302.160  Extension of Jurisdiction B

 

a)         Employees in positions to which Jurisdiction B is extended pursuant to Section 4b of the Personnel Code, and employees appointed pursuant to the provisions of Section 17a of the Personnel Code shall be continued in such positions and shall attain certified status therein provided they pass a qualifying examination prescribed by the Director within 6 months after such jurisdiction is extended, or, in the case of employees appointed pursuant to Section 17a, within 6 months after their appointments, and provided they satisfactorily complete their respective probationary periods.

 

b)         Appropriate standards for probationary appointments shall be prepared by the Director and appointments of such employees shall be without regard to eligible lists and without regard to the provisions of the Personnel Code and this Part requiring the appointment of the person standing among the 3 highest on the appropriate eligible list to fill a vacancy or from the highest category ranking group if the list is by rankings instead of numerical ratings.  Nothing herein shall preclude the reclassification or reallocation as provided by these Rules of any position held by any such incumbent.

SUBPART C: TRAINEES

 

Section 302.170  Programs

 

The Director may establish trainee or apprenticeship programs for new and/or incumbent employees in accordance with the Position Classification Plan or at the request of an operating agency.  No trainee position under this Part shall be established in any class other than a trainee class.  A trainee or apprenticeship program shall prescribe the purpose, duration and method of selection and shall include curriculum information and employee benefits in a form and manner required by the Director.  A trainee or apprenticeship program may be established for one or more of the following purposes and shall be for a duration not to exceed the limits stated in the class specifications therefor.

 

a)         To develop, through an established program of supervised training and experience, qualified employees for positions which are, in the judgment of the Director, difficult to fill with qualified employees;

 

b)         To cooperate with recognized educational institutions and organizations by making available opportunities for supervised training and work experience required for satisfactory completion of such cooperative or affiliate training programs;

 

c)         To provide specialized orientation and training necessary for satisfactory performance of jobs in technical or professional fields;

 

d)         To attract and interest better qualified employees to State service by selecting outstanding persons and giving them supervised work experience during their period of academic training.

 

e)         To provide training or developmental work experience for the socially, culturally, economically or physically disadvantaged which would assist them in acquiring or augmenting employment skills and/or provide employment opportunities of limited duration.

 

(Source:  Amended at 3 Ill. Reg. 1, p. 63, effective January 1, 1979)

 

Section 302.175  Appointments

 

Appointment to a trainee position shall be made pursuant to a trainee or apprenticeship program established and approved in accordance with Section 302.170.

 

(Source:  Amended at 3 Ill. Reg. 1, p. 63, effective January 1, 1979)

 

Section 302.180  Limitations on Trainee Appointments

 

a)         Any trainee appointed to a position in a trainee class in accordance with the Rules of the Department concerning Examinations and Eligible Lists, Sections 302.10 through 302.160, shall be appointed to a permanent position only after passing an appropriate competitive promotional examination for the title for which he/she is training and his/her name has been reached on the promotional eligible list.

 

b)         Any trainee directly appointed in a training class without open competitive examination shall obtain a probationary appointment in the title for which he/she is training only after he/she has passed the appropriate open competitive examination and his/her name has been reached on the resulting eligible lists, except that a trainee appointed to serve in a highly technical or management training program approved by the Director of Central Management Services shall obtain probationary appointment in the title for which he/she is being trained only after successful completion of the approved training program, and after passing an appropriate competitive promotional examination for the title for which he/she is training and his/her name has been reached on the promotional eligible list.

 

(Source:  Amended at 17 Ill. Reg. 3169, effective March 1, 1993)

SUBPART D: CONTINUOUS SERVICE

 

Section 302.190  Definitions

 

a)         Continuous service for purposes of this Part is the uninterrupted period of service from the date of original appointment to State service in any position subject to jurisdiction B except as provided in b and c below.

 

b)         Employees who have accrued continuous service in another merit system in the State service or who have accrued continuous service in State service not covered by any merit system, and who have been transferred to an agency subject to the Personnel Code, shall be given such credit for said service as shall be determined by the Director or required by law.

 

c)         Effective September 1, 1981, any employee of the State of Illinois exempt from the Personnel Code by virtue of Section 4c(4) who is appointed in any status under the provisions of the Personnel Code within 32 days after terminating such exempted employment is entitled to receive credit for continuous service as if such employment were continuous with the appointment under the provisions of the Personnel Code, except that the interim period between employments, if in excess of four calendar days, shall constitute a deduction from continuous service. (Sec. 8f of the Personnel Code, Ill. Rev. Stat. 1983, ch. 127, par. 63b108f)

 

d)         For purposes other than this Part, continuous service is the uninterrupted period of service from the date of original appointment to State service under the Personnel Code except as provided in Section 302.250 and Section 303.155.

 

(Source:  Amended at 13 Ill. Reg. 12970, effective August 1, 1989)

 

Section 302.200  Interruptions In Continuous Service

 

Continuous service shall be interrupted by:

 

a)         Resignation; provided, however, that such continuous service will not be interrupted by resignation when an employee is employed in another position subject to jurisdiction B in the State service within 4 calendar days of such resignation;

 

b)         Discharge; provided, however, such continuous service shall not be interrupted if the employee is retained in the position after a hearing before the Civil Service Commission;

 

c)         Termination; because an employee has not been reemployed in a position subject to jurisdiction B within 2 years after layoff.

 

(Source:  Amended at 13 Ill. Reg. 12970, effective August 1, 1989)

 

Section 302.210  Deductions From Continuous Service

 

Except as provided in Section 302.240, the following shall be deducted from, but not interrupt continuous service:

 

a)         Time away from work for any leaves of absence without pay totaling more than 30 days in any 12-month period except time away from work for a leave of absence to accept a temporary, provisional, emergency or exempt assignment in another class shall not be deducted from continuous service;

 

b)         Time away from work because of disciplinary suspensions totaling more than 30 days in any 12-month period;

 

c)         Time away from work because of indeterminate layoff.

 

(Source:  Amended at 7 Ill. Reg. 654, effective January 5, 1983)

 

Section 302.215  Leave of Absence for Educational Purposes

 

The administrative head of an operating agency may grant an employee an educational leave of absence for the purpose of engaging in a training course. No educational leave may be granted unless in the judgment of the agency head the training course would benefit the State of Illinois by improving the employee's qualifications to perform the duties of the employee's position or by qualifying the employee for advancement in rank or grade to another position in State service.

 

Section 302.220  Veterans Continuous Service

 

a)         Leaves of absence shall be granted to all employees, except temporary or emergency employees, who leave their positions and enter military service for 5 years or less (exclusive of any additional service imposed pursuant to law). An employee shall be restored to the same or a similar position on making an application to his/her employing agency within 90 days after separation from active duty or from hospitalization or convalescence continuing after discharge for not more than two years.  The employee must provide evidence of satisfactory completion of training and military service when making application and be qualified to perform the duties of the position.

 

b)         Subject to the provisions of Section 302.110, a veteran who returns to State service after having been granted a leave of absence from provisional status shall be permitted and required to pass the same or similar examination for his/her position within 90 days.

 

c)         Trainees who have not previously done so and whose training was interrupted by military leave, shall be required to qualify in an examination in the trainee class before being granted allocation or non-competitive promotion to a higher class.

 

(Source:  Amended at 33 Ill. Reg. 6495, effective April 23, 2009)

 

Section 302.230  Peace or Job Corps Enrollees Continuous Service

 

Any employee who volunteers and is accepted for service in the overseas or domestic peace or job corps shall be given a leave of absence from his/her State employment for the duration of his/her initial period of service and restored to the same or similar position provided that the employee returns to his/her employment within 90 days of the termination of his/her service or release from hospitalization from a service connected disability.

 

Section 302.240  Accrual and Retention of Continuous Service During Certain Leaves

 

During an educational, military, Peace or Job Corps or disability leave, an employee shall retain and accrue continuous service provided return to employment occurs.  No other benefit arising from this Part shall be granted or paid during such leaves.

 

(Source:  Amended at 4 Ill. Reg. 22, p. 227, effective June 1, 1980)

 

Section 302.250  Limitations on Continuous Service

 

Temporary and emergency employees employed after July 1, 1957, shall not accumulate continuous service except as provided in Public Act 77-1823.

SUBPART E: PERFORMANCE REVIEW

 

Section 302.260  Performance Records

 

a)         Performance records shall constitute any material in an employee's personnel file which, in the judgment of the Director, is relevant to determining the appropriateness of proposed or recommended personnel transactions.

 

b)         Such records shall be considered by the Director in all cases of promotion, demotion, discharge, layoff, recall, reinstatement, geographical transfer and certification.

 

Section 302.270  Performance Evaluation Forms

 

a)         Performance records shall include an evaluation of employee performance prepared by each agency on forms prescribed by the Director.

 

b)         For any employee serving a six month probationary period, the agency shall prepare and submit to the Department two such evaluations, one at the end of the third month of the employee's probationary period and another 15 days before the conclusion thereof.

 

c)         For an employee serving a four month probationary period, the agency shall prepare and submit to the Department an evaluation form three and one half months after the commencement of the probationary period.

 

d)         For a certified employee, each agency shall prepare such evaluation not less often than annually.

 

(Source:  Amended at 22 Ill. Reg. 14735, effective August 3, 1998)

SUBPART F: PROBATIONARY STATUS

 

Section 302.300  Probationary Period

 

a)         A probationary period of six months shall be served by:

 

1)         an employee who enters State service or commences a new period of continuous service, except an employee who is reinstated as provided under Section 302.610;

 

2)         an employee who is appointed from an open competitive eligible list, whether or not it be considered an advancement in rank or grade.

 

b)         A probationary period of four months shall be served by any employee who is promoted pursuant to Subpart G or reinstated on or after January 1, 1999, pursuant to Section 302.610.  Employees reinstated prior to January 1, 1999 shall serve a six month probationary period.

           

c)         An employee transferred during the probationary period shall serve that portion of the probationary period that was not completed at the time of the transfer.

 

d)         A probationary period shall not be deemed to be continued by the payment of any sum for vacation or other benefits accrued during the probationary period.

 

e)         If an employee is absent from work for more than 15 consecutive calendar days during the probationary period because of leave of absence, disciplinary suspension, sick leave, unauthorized absence, or work related injury or industrial disease, the absence shall serve to extend the probationary period by the length of the absence.

 

(Source:  Amended at 31 Ill. Reg. 15069, effective October 26, 2007)

 

Section 302.310  Certified Status

 

A probationary employee shall attain certified status only after successful completion of a probationary period.  Notice of certification will be sent to the employee and agency by the Director promptly thereafter.

 

Section 302.320  Status Change in Probationary Period

 

An employee may not be promoted, demoted, discharged, or transferred during the probationary period without the approval of the Director.

 

Section 302.325  Intermittent Status

 

Provisions applying to employees in intermittent status shall be contained in an intermittent program established in a form and manner approved by the Director.  The Director or Chairman of a department, board or commission may request that a position within the agency be given intermittent status.  Such request shall be accompanied by written justification for why intermittent status is necessary or desirable.  The Director of Central Management Services will approve or deny the request based on factors such as the agency's justification, other alternatives which could be implemented to address the agency's needs and the potential fiscal and personnel consequences if the request is not granted.

 

(Source:  Amended at 16 Ill. Reg. 17607, effective November 6, 1992)

SUBPART G: PROMOTIONS

 

Section 302.330  Eligibility for Promotion

 

The Director may approve the promotion of qualified employees who have established eligibility for the appropriate class through examinations in accordance with merit standards set forth in Section 302.10.

 

Section 302.335  Limitations On Promotions

 

No provisional, temporary, emergency or probationary employee shall be promoted unless the employee has previously held certified status during his/her current period of continuous service.

 

Section 302.340  Failure to Complete Probationary Period

 

a)         A promoted certified employee who does not satisfactorily complete the probationary period in the promoted position because of inability to perform the duties and responsibilities of the new promoted position shall be returned to  a position in the class, agency and locality and with the status from which promoted.

 

b)         A promoted employee previously certified during the current period of continuous service may be discharged for cause during the probationary period and, in such event, the employee has the same rights to appeal as a certified employee.

 

(Source:  Amended at 10 Ill. Reg. 13940, effective September 1, 1986)

SUBPART H: EMPLOYEE TRANSFERS

 

Section 302.400  Transfer

 

A transfer is the assignment of an employee to a vacant position whose classification has the same maximum permissible salary or rate.

 

Section 302.410  Intra-Agency Transfer

 

An employee may be transferred to a position in the same class to which appointed or to a position involving similar qualifications, duties, responsibilities and salary range, in another division, section, or other unit, within the employing agency.  No such transfer shall be made without the approval of the Director.

 

Section 302.420  Inter-Agency Transfer

 

An employee may be transferred to a position in the same class, or to a position involving similar qualifications, duties, responsibilities and salary range in another agency, with the approval of both agencies, the Director, and with the consent of the employee.

 

Section 302.425  Merit System Transfer

 

a)         An employee of the State of Illinois who holds certified status or its equivalent in a merit system other than the Personnel Code may be transferred to a position which is subject to Jurisdiction B of the Personnel Code and which has comparable qualifications, duties, responsibilities and salary range, as determined by the Director, who shall consider:

 

1)         the amount of training and experience required to meet the classification standards as contained in the "Position Classification Specification" for the position being filled, in comparison with the training and experience of the person requesting the transfer;

 

2)         the salary range or wage rates of the position being filled with the salary range or wage rates of the position filled by the person requesting the transfer and there is a value common to both salary ranges or wage rates; and

 

3)         if the level of, type of, and degree of duties and responsibilities of the position being filled are significantly comparable to the duties and responsibilities of the position currently filled by the person requesting the transfer, as contained in the "Position Classification Specifications", for both positions.

 

b)         Approval of the employing agency, the Director and the consent of the employee is required.

 

c)         Such transferred employee shall retain certified status and shall be given credit for continuous service for such employment under the other merit system.

 

(Source:  Added at 9 Ill. Reg. 7907, effective May 15, 1985)

 

Section 302.430  Geographical Transfer (Agency Directed)

 

Geographical transfer is the transfer of an employee from one geographical location in the State to another for the performance of duties other than temporary assignments or details for the convenience of the employer.  Geographical transfers shall be made only with the approval of the Director.  The Director in determining whether to approve a transfer shall use information detailed in Section 302.431.  An employee who refuses to accept a geographical transfer must report for duty at the new location but may make written appeal of such transfer to the Civil Service Commission within 15 days after the effective date of the transfer.  An employee shall be reimbursed for all reasonable transportation and moving expense incurred in moving to a new location because of permanent geographical transfer.

 

(Source:  Amended at 3 Ill. Reg. 22, p. 78, effective June 1, 1979)

 

Section 302.431  Geographical Transfer (Agency Directed) Procedures

 

A proposed geographical transfer is subject to the approval of the Director before becoming effective and shall include the following information for the organizational unit from which the geographical transfer is proposed.

 

a)         a statement of reason(s) for transfer;

 

b)         a list of all employees in the affected unit showing title, status and total continuous service;

 

c)         a list of those employees to be transferred;

 

d)         performance records for all employees in classes affected by the transfer;

 

e)         an explanation of any transfer not in order of least continuous service for affected classes; and

 

f)         an explanation of the organizational unit selected, reflecting agency, facility, geographical, operational and other elements being considered relevant by the agency head.

 

(Source:  Amended at 3 Ill. Reg. 22, p. 78, effective June 1, 1979)

 

Section 302.432  Notice To Employee

 

Notice of an approved geographical transfer (agency directed) shall be served on the employee by the Director in person or by certified mail, return receipt requested, at the employee's last address appearing in the personnel file.

 

Section 302.433  Effective Date of Geographical Transfer (Agency Directed)

 

Unless extraordinary operating conditions or events are specified in the proposed transfer plan, no geographical transfer shall be effective until 10 working days after the Director's approval of the transfer plan.

 

(Source:  Amended at 3 Ill. Reg. 22, p. 78, effective June 1, 1979)

 

Section 302.435  Employee-Requested Geographical Transfer

 

An employee-requested geographical transfer is the transfer of an employee from one geographical location in the State to another for performance of duties other than temporary assignments or details for the convenience, and at the written request, of the employee. Employee-requested geographical transfers shall not become effective until the Director verifies the employee's request, the agency approval and that a current vacant position exists. When an employee requests and accepts such geographical transfer the agency shall not be required to reimburse employee for any transportation of moving expenses.

 

(Source:  Amended at 3 Ill. Reg. 22, p. 78, effective June 1, 1979)

 

Section 302.440  Rights of Transferred Employees

 

A transferred employee shall retain status, continuous service and all accrued benefits.

 

Section 302.445  Transfer of Duties

 

When the duties of a position are relocated by transfer or by abolition and reestablishment and when said duties are substantially the same, an incumbent employee may elect to relocate and retain the duties of the position.

 

Section 302.450  Limitations on Transfers

 

Temporary, emergency, and provisional employees shall not be transferred.

 

Section 302.460  Employee Records

 

When an employee has been transferred or resigns to accept a position in another agency, a copy of the agency personnel file, if any, shall be forwarded to such agency.

SUBPART I: DEMOTION

 

Section 302.470  Demotion

 

a)         Demotion is assignment of an employee to a vacant position in a class having a lower maximum permissible salary or rate than the class from which the demotion was made for reasons of inability to perform the work of the class from which the demotion was made.

 

b)         An operating agency may initiate demotion of an employee by filing written statement of reasons for demotion with the Director in the form and manner prescribed.  Such written statement shall be signed by the head of the operating agency, and shall contain sufficient facts to show good cause for the demotion.  No demotion shall become effective without the prior approval of the Director who shall take into consideration the employee's education, experience and performance records.

 

Section 302.480  Notice to Employee

 

If the statement of reasons for demotion of a certified employee is approved by the Director, a copy of the approved statement of reasons for demotion shall be served on the employee by the Director in person or by certified mail, return receipt requested at the employee's last address appearing in the personnel file.

 

Section 302.490  Employee Obligations

 

Upon receipt by the employee of the approved statement of reasons for demotion or upon the effective date thereof, whichever is later, the employee shall leave the position in which assigned prior to such statement of reasons and report for duty to the position to which demoted and such report shall be without prejudice to right of appeal under Section 302.496.

 

Section 302.495  Salary and Other Benefits of Employee

 

Upon receipt by the employee of the approved statement of reasons for demotion, or on the effective date thereof, whichever is later, all salaries and benefits of such employee in the position in which assigned prior to receipt of such statement of reasons shall be adjusted to reflect the demotion.

 

Section 302.496  Appeal by Certified Employee

 

A certified employee who has been served with approved statement of reasons for demotion may appeal to the Civil Service Commission, provided such appeal is made in writing within fifteen days of receipt of the approved statement of reasons for demotion.

 

Section 302.497  Demotion of Other Employees

 

The Director may approve the demotion of probationary employees.  Notice of such demotion shall be served on the employee by the Director, in person or by certified mail, return receipt requested at the employee's last address appearing in the personnel file.

 

Section 302.498  Status of Demoted Employees

 

A demoted certified employee shall be certified in the class to which demoted and shall not be required to serve a new probationary period.  A demoted probationary employee shall serve a new probationary period in the class to which he/she is demoted unless such employee held certified status in the class to which demoted during the current period of continuous service.

 

(Source:  Amended at 10 Ill. Reg. 13940, effective September 1, 1986)

SUBPART J: VOLUNTARY REDUCTION AND LAYOFFS

 

Section 302.500  Voluntary Reduction of Certified and Probationary Employees

 

Certified and probationary employees may voluntarily request or accept assignment to a vacant position in a class having a lower maximum permissible salary or rate.  All requests for or acceptances of such voluntary reductions shall be in writing, and shall be signed by the employee and be directed to the head of the agency in which the vacant position exists.  No reduction shall become effective without the written approval of the Director.  A certified employee who is assigned and accepts a voluntary reduction in grade shall be certified in the lower class without serving a probationary period and a probationary employee, the balance of the probationary period; provided however, if reduction results in return to a trainee class or other class for which there is no provision for certification in said class, the individual's certification shall be terminated.

 

Section 302.505  Limitations in Voluntary Reduction

 

Temporary, emergency, and provisional employees shall not be granted a request for a voluntary reduction.

 

Section 302.507  Definition of Layoff

 

A layoff is the placement of an employee in non-paid and non-working status without prejudice either temporarily or indeterminately. No agency may lay off, either temporarily or indeterminately, an employee as a means or form of discipline.

 

(Source:  Amended at 8 Ill. Reg. 7788, effective May 23, 1984)

 

Section 302.510  Temporary Layoff

 

An operating agency may temporarily lay off any employee for not more than five scheduled workdays in any 12-month period as a result of or for lack of work or lack of funds.  Based on class, location, funding, agency or other designation, and taking into consideration continuous service and performance, the temporary layoff of employees shall occur within an organizational unit justified by operations.  The head of the operating agency shall notify the Director of any temporary layoff, its organizational unit, the name of any employee temporarily laid off and the reason(s) therefor prior to the effective date of the temporary layoff.

 

(Source:  Amended at 9 Ill. Reg. 7907, effective May 15, 1985)

 

Section 302.512  Use of Accrued Benefits During Temporary Layoff

 

An employee is not entitled to use any accrued benefit time in lieu of temporary layoff.  Temporary layoff does not create any reemployment rights pursuant to Section 302.570.

 

(Source:  Amended at 8 Ill. Reg. 7788, effective May 23, 1984)

 

Section 302.514  Notice of Temporary Layoff

 

Notice of temporary layoff shall be served on the employee by the agency 30 working days in advance of the effective date unless extraordinary operating conditions or events preclude such advance notice.

 

(Source:  Amended at 33 Ill. Reg. 16560, effective November 13, 2009)

 

Section 302.516  Return From Temporary Layoff

 

Upon expiration of a temporary layoff, the employee shall be returned to the position, the position classification and location from which temporarily laid off by the agency.

 

(Source:  Added at 7 Ill. Reg. 654,. effective January 5, 1983)

 

Section 302.518  Scheduling for Temporary Layoffs

 

Temporary layoffs affecting more than one employee may occur with varying effective dates or may occur sequentially and from time to time as long as no employee is temporarily laid off for more than five scheduled workdays in any 12-month period.  An agency shall consider an employee's preference in scheduling a temporary layoff, subject to the operating needs of the agency.

 

(Source:  Added at 7 Ill. Reg. 654, effective January 5, 1983)

 

Section 302.519  Deferral of Wages

 

In lieu of temporary layoffs, the State may enter into a collective bargaining agreement for deferral of wages.

 

(Source:  Added at 7 Ill. Reg. 654, effective January 5, 1983)

 

Section 302.520  Indeterminate Layoff Procedure

 

a)         An operating agency may request the indeterminate layoff of an employee because of lack of funds, material change in duties or organization or lack of work or the abolition of a position for any of these reasons.  Based on class, option, agency, county or other designation, an indeterminate layoff shall be within organizational units justified by operations and approved prior to the layoff by the Director.

 

b)         A proposed indeterminate layoff is subject to the approval of the Director before becoming effective and shall include the following in the organizational unit in which the indeterminate layoff is proposed.

 

1)         a list of all employees showing status and total continuous service;

 

2)         a listing of those employees to be laid off;

 

3)         performance records of all employees affected by layoff plan;

 

4)         an explanation of any layoff not in order of continuous service;

 

5)         an explanation of the organizational unit selected, reflecting agency, facility, geographical, operational and other elements deemed relevant by agency head.

 

(Source:  Amended at 33 Ill. Reg. 16560, effective November 13, 2009)

 

Section 302.523  Voluntary Indeterminate Layoff

 

The Director may accept as part of a proposed indeterminate layoff plan the voluntary layoff of an employee without reference to Section 302.520(b)(3) and (b)(4) provided the employee is employed in an affected position classification and in the proposed layoff unit and provided such voluntary layoff is formally requested by the employee prior to the submission of the layoff plan to the Director as required in Section 302.520.  Such voluntarily laid off employee shall, if certified in accordance with Section 302.530, be entitled to reemployment rights in accordance with Section 302.570 or if probationary, in accordance with Section 302.595.  In accepting an employee's request for voluntary layoff the agency head shall consider the operating needs of the agency as well as the wishes of the employee.

 

(Source:  Added at 7 Ill. Reg. 654, effective January 5, 1983)

 

Section 302.525  Disapproval

 

The Director may disapprove by returning to the originating agency any indeterminate layoff plan which results in a disproportionate impact on affected employees on achieving equal employment opportunity goals.

 

(Source:  Amended at 7 Ill. Reg. 654, effective January 5, 1983)

 

Section 302.530  Order of Layoff

 

a)         The following order shall be observed in making an indeterminate layoff:

 

1)         No certified, probationary, or provisional employee may be laid off until all exempt, temporary, and emergency employees in the same class, option and approved layoff organizational unit are terminated;

 

2)         No certified or probationary employee may be laid off until all provisional employees in the same class, option and approved layoff organizational unit are terminated;

 

3)         No certified employee may be laid off until all probationary employees in the same class, option and approved layoff unit are laid off.

 

4)         Certified employees will be laid off in reverse order of continuous service in the same class, option and approved layoff unit.

 

b)         Within status groups and in accordance with the layoff plan submitted under Section 302.520, consideration shall be given to performance records and continuous service as defined in Section 302.190.

 

c)         For purpose of this Section, "certified employee" shall mean any employee who has satisfactorily completed a required period of probation and/or attained certified status in any position during the employee's most recent period of continuous service.

 

(Source:  Amended at 33 Ill. Reg. 16560, effective November 13, 2009)

 

Section 302.540  Effective Date of Layoff

 

Merit compensation system/broad-banded employees subject to layoff shall be given 30 days notice of the layoff by the employing agency.  A list of all current non-bargaining unit vacancies of all positions within the agency shall be provided to the merit compensation system/broad-banded employee with the notice of layoff.  If any bargaining unit vacancy remains after all contractual obligations are fulfilled, those bargaining unit vacancies may be offered to non-bargaining unit staff to minimize the impact of the layoff.  Vacancy for any employee subject to layoff is defined as the current, funded, vacant position that management has the present intention to fill.  Unless extraordinary operating conditions or events are specified in the proposed layoff plan, no indeterminate layoff shall be effective until ten working days after the Director's approval of the layoff plan.

 

(Source:  Amended at 33 Ill. Reg. 16560, effective November 13, 2009)

 

Section 302.545  Filling of Vacancies by Merit Compensation System/Broad-Banded Employees Subject to Layoff via Transfer

 

Each merit compensation system/broad-banded employee who is subject to layoff shall be offered any vacant positions for the same title held by that employee within the same agency and county from which the employee is subject to layoff and within two additional alternate counties designated by the employee.  In the event the employee's facility or office is closing, the employee may designate one additional alternate county, for a total of four counties.  In no event shall the vacancies include positions that are subject to collective bargaining, unless those bargaining unit vacancies remain after all contractual obligations have been fulfilled.  Temporary, emergency and provisional employees shall not be granted a transfer request pursuant to Section 302.450.

 

(Source:  Added at 33 Ill. Reg. 16560, effective November 13, 2009)

 

Section 302.550  Employee Opportunity to Seek Voluntary Reduction or Lateral Transfer

 

A certified employee as defined in Section 302.530 who is subject to indeterminate layoff as a result of the Director's approval of a layoff plan shall be promptly notified 30 days prior to the effective date of layoff, and shall then be advised of the opportunity to request voluntary reduction to a current vacant position in accordance with Section 302.500 or lateral transfer to a current vacant position having the same maximum permissible salary or rate in accordance with Section 302.410 or 302.435 within the agency.  An employee seeking voluntary reduction must request the voluntary reduction in writing to the head of the employing agency prior to the proposed effective date of layoff.

 

(Source:  Amended at 33 Ill. Reg. 16560, effective November 13, 2009)

 

Section 302.560  Order of Preference in Voluntary Reduction or Lateral Transfer

 

a)         Voluntary Reduction

In the event a certified employee as defined in Section 302.530 requests voluntary reduction as a result of his/her pending indeterminate layoff, the certified employee shall be preferred for any current vacant position in a lower class within the same agency and location in which the employee is then incumbent at the time of the layoff over any probationary or provisional employee, any employee or applicant on an eligible list for the vacant position, any certified employee subject to layoff having lesser continuous service and any certified employee requesting a reduction who is not subject to layoff.

 

b)         Lateral Transfer

In the event a certified employee requests a lateral transfer as a result of his/her pending indeterminate layoff, the certified employee shall be preferred for any current vacant position whose classification has the same maximum permissible salary or rate within the same agency over any probationary or provisional employee, any employee or applicant on an eligible list for the vacant position, any certified employee subject to layoff having lesser continuous service and any certified employee requesting lateral transfer who is not subject to layoff.

 

(Source:  Amended at 33 Ill. Reg. 16560, effective November 13, 2009)

 

Section 302.570  Reemployment Lists

 

a)         Employees in Titles Subject to Collective Bargaining

The Department shall establish and maintain a reemployment list, by class, option, agency and county or other designated geographical area approved by the Director before layoff.  A certified employee who has been indeterminately laid off shall be placed in order of length of continuous service as defined in Section 302.190 on a reemployment list for recall to the first available assignment to a position in the class (or related classes with substantially similar requirements and duties), option, agency, and county or other designated geographical location or area in which the employee was assigned prior to being placed on the reemployment list.  When circumstances warrant, at the discretion of the Director, the reemployment list may be established by related classes and options whose duties are substantially similar to the class from which the employee was laid off.

 

b)         Employees in Merit Compensation System/Broad-banded Titles

In the event no vacancies exist as described in Section 302.545, employees in merit compensation system/broad-banded titles shall be placed on the employing agency's reemployment list for the title and option from which the employee was laid off and any other titles in which the employee was previously certified within the county from which the employee was laid off and within two  additional alternate counties designated by the employee.  In the event the employee's facility or office is closing, the employee may designate one  additional alternate county, for a total of four counties.  In no event shall the vacancies include positions that are subject to collective bargaining unless those bargaining unit vacancies remain after all contractual obligations have been fulfilled.  Laid off employees shall remain on the reemployment list for three  years, commencing with the effective date of layoff.  Reemployment of merit compensation system/broad-banded employees to positions under term appointments is subject to the provisions of Section 302.825.  Reemployment of merit compensation system/broad-banded employees to non-term appointment Senior Public Service Administrator and Public Service Administrator positions will be placed on the appropriate list for the identical classification and option designation for the position from which the employee was laid off.  The employee shall be placed, in order of length of continuous service as defined in Section 302.190, on a reemployment list for recall to the first available assignment to a position in the class and option, agency, and county or other designated geographical location or area in which the employee was assigned prior to being placed on the reemployment list.

 

c)         Qualifications for Reemployment

An agency will not be required to consider any employee who does not have the necessary qualifications for reemployment to any position, or who was not at the same or higher organizational level as the position being filled.  If an agency makes such a determination, this must be documented and submitted to the Department of Central Management Services.

 

d)         Reinstatement

An employee whose name has been placed on the reemployment list will also be eligible for reinstatement in accordance with Section 302.610.

 

(Source:  Amended at 33 Ill. Reg. 16560, effective November 13, 2009)

 

Section 302.580  Employment From Reemployment List

 

Whenever there is any person available on a reemployment list for recall to a vacant position for the same class, or related classes where such have been established pursuant to Section 302.570, agency and county or other designated geographical area, no temporary, provisional or probationary appointments shall be made to such vacancy.

 

Section 302.590  Removal of Names From Reemployment List

 

a)         A laid off employee's name shall be removed from the reemployment list when:

 

1)         The employee is recalled from layoff;

 

2)         The employee refuses an offer of permanent reemployment;

 

3)         The employee's name has remained on the reemployment list for 36 months;

 

4)         The employee has been reinstated in accordance with Section 302.610.

 

b)         Offers of temporary, exempt or emergency appointment shall not be considered as recall or reinstatement.

 

(Source:  Amended at 33 Ill. Reg. 16560, effective November 13, 2009)

 

Section 302.595  Laid Off Probationary Employee

 

a)         The name of a probationary employee who is terminated as a result of indeterminate layoff before the completion of the probationary period shall be returned to the eligible list with the same grade as when appointed.

 

b)         An employee serving a probationary period but otherwise certified as defined in Section 302.530 who is to be indeterminately laid off shall be given notice, and may request a voluntary reduction pursuant to Section 302.500 and 302.550.  If no voluntary reduction is effected, the employee will be laid off and the employee's name placed in seniority order as provided in Section 302.190 on the reemployment list for the agency, work locality and title in which last certified.

 

(Source:  Amended at 7 Ill. Reg. 654, effective January 5, 1983)

 

Section 302.596  Appeal by Employee

 

Within 15 calendar days following the effective date of such layoff and without prejudice to the right to request voluntary reduction, an employee may make written appeal to the Civil Service Commission contesting such layoff.

 

(Source:  Amended at 6 Ill. Reg. 5559, effective May 1, 1982)

 

Section 302.597  Reinstatement from Layoff

 

a)         An employee reinstated for the period for which he/she was improperly laid off shall receive full compensation for such period.

 

b)         Full compensation shall mean compensation such laid off employee would have earned in the position classification during the period of layoff less amounts earned by the employee from any other source including any unemployment payments received during such period.

 

(Source:  Amended at 4 Ill. Reg. 11, p. 67, effective March 1, 1980)

 

Section 302.600  Resignation

 

An employee who voluntarily leaves the State service shall, except in emergency circumstances approved by the agency head, give advance notice of intent not less than 15 calendar days before its effective date.  Once an employee submits a resignation which is accepted by the agency head, the resignation shall not be revoked unless the revocation is requested by the employee and the revocation is approved by the agency head. Resignation in good standing shall mean that the employee gave the required notice, or that emergency circumstances justified failure to do so, and that the employee's conduct and work performance were satisfactory at the effective date thereof.

 

(Source:  Amended at 15 Ill. Reg. 17974, effective November 27, 1991)

 

Section 302.610  Reinstatement

 

a)         On request of an operating agency, the Director may reinstate a former certified employee who resigned or terminated in good standing or whose position was reallocated downward or who was laterally transferred or whose name was placed on a reemployment list.  Such reinstatement may be to a position in the class to which the employee was assigned prior to resignation, termination, downward allocation, lateral transfer or layoff or to a position in any other position class for which the employee is qualified.  The Director may reinstate an employee who was formerly certified under the Secretary of State Merit Employment Code, the University Civil Service System of Illinois, Comptroller Merit Employment Code or the State Treasurer Employment Code.  An employee reinstated prior to January 1, 1999 shall serve an additional six month probationary period in the position.  An employee reinstated on or after January 1, 1999 shall serve an additional four month probationary period in the position.   Request for reinstatement shall be accompanied by the employee's performance records when available.

 

b)         A certified employee whose name appears on a reemployment list may be reinstated to a position other than the position to which the employee is eligible for reemployment.  If reinstated to a position in the same or a higher pay grade than that for which the employee is eligible for reemployment, then, upon satisfactory completion of the new probationary period, the employee's name shall be removed from the reemployment list.  If reinstated to a position in a lower pay grade than that for which the employee is eligible for reemployment, it shall have no effect on the employee's reemployment rights.

 

(Source:  Amended at 22 Ill. Reg. 14735, effective August 3, 1998)

SUBPART K: DISCHARGE AND DISCIPLINE

 

Section 302.625  Definition of Certified Employee

 

For purpose of rules respecting discipline and discharge, "certified employee" shall mean any employee currently employed in a position subject to jurisdiction B who has satisfactorily completed a required period of probation and attained certified status in any position during the employee's most recent period of continuous State service.

 

(Source:  Amended at 13 Ill. Reg. 12970, effective July 31, 1989)

 

Section 302.626  Progressive Corrective Discipline

 

Unless grounds clearly are present warranting immediate discharge or suspension pending decision on discharge, employees shall be subject to corrective discipline progressively utilizing counseling, warnings, and/or suspension, as the facts and circumstances dictate, prior to discharge.  If an employee's work or work-related conduct remains unacceptable after the application of progressive corrective discipline, such employee may be discharged in accordance with the appropriate rules.

 

Section 302.628  Prohibited Disciplinary Action

 

No disciplinary action shall be taken against any employee for the disclosure of any alleged prohibited activity under investigation as provided in 80 Ill. Adm. 304.55.

 

(Source:  Amended at 6 Ill. Reg. 10663, effective August 25, 1982)

 

Section 302.630  Disciplinary Action Warning Notice

 

The agency head or his/her designee may warn an employee either orally or in writing as a disciplinary measure.  A copy of any written notice shall be submitted to the Department and shall become part of the employee's personnel records.  The notice shall bear the signature of the issuing official.

 

Section 302.640  Suspension Totaling Not More Than Thirty Days in any Twelve Month Period

 

Disciplinary suspension without pay totaling not more than 30 days in any 12 month period may be imposed upon an employee by an agency head or designee. Unless delay in the imposition of discipline will result in clear harm or damage to an agency, the employee shall be informed in writing of the proposed suspension and the reasons therefor at least 6 working days prior to the effective date of the proposed suspension and be provided with copies of pertinent documents on which the proposed suspension is based.  The employee shall have 5 working days after being informed of the proposed suspension within which to address to the agency head or designee written rebuttal to the reasons given for the suspension.  A decision of an agency head or designee not to suspend the employee shall be rendered in writing before the proposed suspension date.  Written notice of any suspension imposed with the reasons therefor must be served upon the employee on a form prescribed by the Director on or before the effective date of the suspension in person or by certified mail, return receipt requested, at the employee's last address appearing in the personnel file.  Notice of such suspension imposed must also be filed immediately with the Director.

 

(Source:  Amended at 10 Ill. Reg. 13940, effective September 1, 1986)

 

Section 302.660  Suspension Totaling More than Thirty Days in any Twelve Month Period

 

The agency head or a designee may, after complying with the procedures set forth in this Part, initiate a disciplinary suspension of any employee totaling more than 30 days in any 12 month period and if such employee is certified, the agency shall file written charges for such suspension with the Director in the form and manner prescribed.  Such written charges shall be signed by the head of the operating agency or designee, and shall contain a clear and concise statement of facts showing good cause for such suspension.  The charges shall be accompanied by a copy of the employee's performance records.  Unless delay in the imposition of discipline will result in clear harm or damage to an agency, the employee shall be informed in writing of the proposed suspension and the reasons therefor at least 6 working days prior to the effective date of the proposed suspension and be provided with copies of pertinent documents on which the proposed suspension is based. The employee shall have 5 working days after being informed of the proposed suspension within which to address to the agency head or designee written rebuttal to the reasons given for the suspension. A decision of an agency head or designee not to suspend the employee shall be rendered in writing before the proposed suspension date.

 

(Source:  Amended at 10 Ill. Reg. 13940, effective September 1, 1986)

 

Section 302.670  Approval of Director of Central Management Services

 

No disciplinary suspension totaling more than 30 days in any 12 month period for a certified employee shall be effective without the approval of the Director.

 

Section 302.680  Notice to Employee

 

Notice of approved charges for a disciplinary suspension totaling more than 30 days in any 12 month period shall be served on a certified employee by the Director, in person or by certified mail, return receipt requested, at the employee's last address appearing in the personnel file.

 

Section 302.690  Employee Obligations

 

Upon receipt by the employee of any disciplinary suspension or charges for discharge, the employee shall leave the place of employment and if deemed appropriate by the agency, any housing or other accommodations furnished the employee by the State.

 

Section 302.700  Cause for Discharge

 

Cause for discharge consists of some substantial shortcoming which renders the continuance of an employee in a State position in some way detrimental to the discipline and/or efficiency of the service and which the law or sound public opinion recognizes as good cause for the employee no longer being held in that position.

 

(Source:  Added at 10 Ill. Reg. 13940, effective September 1, 1986)

 

Section 302.705  Pre-Termination Hearing

 

Before an agency shall suspend any certified employee pending decision on discharge or bring charges for discharge against any certified employee, that agency shall apprise the employee of the basis for such action and provide the employee an opportunity to respond to the charges in accordance with the following standards:

 

a)         The agency will notify the employee in writing of the intended discharge or suspension pending discharge.

 

b)         A statement of charges in support of the proposed action, full and complete to the knowledge of the agency at the time it is drawn, will be given to the employee, including the name of any known witness and a copy of any document pertinent to the charges.

 

c)         The employee shall have 5 scheduled working days after receipt of the charges and prior to the effective date of the suspension or discharge in which to respond to them orally or in writing.

 

d)         The employee is entitled to representation in any meeting either through the collective bargaining representative or in the absence of such representation by any person or organization.

 

e)         The employee shall remain in paid status pending the response but not necessarily permitted to work.

 

f)         The employee or the employee's representative shall be permitted access to a designated area or a secure area of the work place to investigate the charges and, upon request, be provided a copy of other pertinent documents.

 

g)         The failure of the employee to respond to the charges within the time limits shall not bar the agency from proceeding with discharge.

 

h)         When the investigation of the charges causes them to be altered in fact, form, context, or reference from those given the employee at the time the notice of suspension pending discharge was issued and for which the employee has not had an opportunity to respond, a second notice and opportunity for response will be given to the employee.

 

i)          The agency head or a designee shall receive the response of the employee, whether it is oral or written.

 

(Source:  Added at 10 Ill. Reg. 13940, effective September 1, 1986)

 

Section 302.710  Suspension Pending Decision on Discharge

 

An operating agency may suspend after compliance with Section 302.705 any employee for up to 30 days pending the decision of the operating agency whether charges for discharge shall be filed against such employee.   Notice of such suspension must also be filed immediately with the Director.  The agency shall thereafter promptly investigate the facts and circumstances and render its decision.  Should the agency determine that the facts and circumstances do not warrant disciplinary suspension or charges for discharge, the employee shall be made whole.  Should the agency determine that a disciplinary suspension is appropriate, Section 302.640 or 302.660, as the case may be, shall apply in its entirety in lieu of all or part of the period of suspension served.  Should the agency determine that discharge of the employee is appropriate, Section 302.720 shall apply in its entirety.

 

(Source:  Amended at 10 Ill. Reg. 13940, effective September 1, 1986)

 

Section 302.720  Discharge of Certified Employee

 

The agency head or his/her designee may after compliance with Section 302.705 initiate discharge of a certified employee by filing written charges for discharge with the Director in the form and manner prescribed by the Director.  Written charges shall be signed by the head of the agency, and shall contain a clear and concise statement of facts showing good cause for discharge, and shall be accompanied by a copy of the employee's performance records.  No discharge of a certified employee shall be effective without the approval of the written charges for discharge by the Director.

 

(Source:  Amended at 10 Ill. Reg. 13940, effective September 1, 1986)

 

Section 302.730  Notice to Employee

 

Notice of approved charges for discharge shall be served on the employee by the Director, in person or by certified mail, return receipt requested, at the employee's last address appearing in the personnel file.

 

Section 302.750  Appeal by Employee

 

A certified employee who has been served with approved charges for suspension in excess of 30 days or discharge may appeal to the Civil Service Commission, provided such appeal is made in writing within 15 days of receipt of such approved charges.

 

Section 302.780  Discharge of Probationary Employees

 

The Director may approve the discharge or suspension of a probationary employee at the request of an agency.  In determining whether or not to approve the discharge of such employee, the Director shall consider the employee's performance records.

 

Section 302.781  Reinstatement from Suspension or Discharge

 

An employee reinstated for the period for which he/she was suspended or discharged shall receive full compensation for such period.  Full compensation shall mean compensation such suspended or discharged employee would have earned in the position classification during the period of suspension or discharge less amounts earned by the employee from any other source and unemployment compensation payments received during such period.

 

Section 302.785  Suspension Resulting From Arrest or Criminal Indictment/Suspension Pending Judicial Verdict

 

a)         The arrest or criminal indictment of any employee may be grounds for suspension if the arrest or indictment and facts in support of either made known to the Director:

 

1)         resulted from an employee's conduct in the course of employment duties, including a failure to perform such duties, or

 

2)         occurred on or proximate to State premises and as a result of the employee's conduct thereon, or

 

3)         raises reasonable doubt concerning the employee's suitability for continued State employment in the present assignment or position.

 

b)         The Director shall under the circumstances set forth above, at the request of an agency, suspend an employee, without pay, pending a final court determination of innocence or guilt.

 

c)         The following shall control the suspension pending judicial verdict:

 

1)         An affected employee may be in jail, free on bond or in some other similar status at the time the suspension is imposed.

 

2)         The arrest or indictment of an employee shall be for State or Federal criminal or civil charges, or charges brought in a foreign country, which raise reasonable doubt concerning the employee's suitability for continued employment in the current position. Traffic violations are not sufficient cause for suspension except where the employee temporarily loses driving privileges if the license is a requirement for work as contained in the job description or position classification specification.

 

3)         Any proposed Suspension Pending Judicial Verdict requires approval by the Agency head or designee and will include a complete and detailed statement of the reason(s) for the suspension and a copy of any official document, such as charges, indictment or arrest record, which supports the suspension.

 

4)         Such suspension shall have no designated expiration date, depending on the length of the initial judicial process.  The suspension ends with the return of the employee to work, discharge or termination of employment.  The Director shall notify the agency of the status of the suspension 12 months after the suspension is granted and each 12 months thereafter for the agency to determine the continuing validity of the suspension.  This suspension will not be continued while the employee appeals an initial guilty verdict through higher courts.

 

5)         A suspension pending judicial verdict will be submitted to the Director for approval and service.    An approved Suspension Pending Judicial Verdict will be served on the employee in person or by certified mail, return receipt requested, to the employee's latest address of record.  It will be the responsibility of the employee to notify the agency of any change of address.

 

6)         Upon a finding of not guilty or the dismissal of the charges for any reason the employee, upon application, will be restored to the same or similar position classification in the agency and work location held at the time the suspension was issued.  A similar position classification shall include:

 

A)        the same position classification with different duties;

 

B)        a successor position classification; or

 

C)        a different position classification having related requirements and duties and the same salary or wage assignment.

 

7)         The employee may or may not be entitled to back pay depending upon the circumstances surrounding a finding of not guilty or a dismissal of the charges.  The Director shall make a final determination with respect to whether back pay shall be granted.

 

(Source:  Amended at 19 Ill. Reg. 8145, effective June 7, 1995)

 

Section 302.790  Prohibition of Discrimination

 

a)         Discrimination against any person in recruitment, examination, appointment, training, promotion, retention, or any other personnel transaction, because of religion, race, national origin, sex, age, handicap or any other non-merit factor is prohibited except where such may be a bona fide job qualification.

 

b)         Any applicant or employee who feels adversely affected in employment because of such discrimination shall have resort to the grievance procedure hereunder and may be joined in such procedure by the Affirmative Action Director or designee where necessary or appropriate.

 

(Source:  Amended at 5 Ill. Reg. 8029, effective August 1, 1981)

 

Section 302.795  Administrative Leave

 

a)         With the approval of the Director of Central Management Services, an agency head may relieve an employee from duty when extraordinary circumstances and the best interest of the agency and the State of Illinois will be served in doing so.

 

b)         Circumstances warranting this leave must be of an extraordinary nature and are limited to those situations where no alternative means, such as suspension or temporary reassignment of an employee, will adequately protect the best interest of the agency and the State of Illinois.

 

c)         Duration of an administrative leave shall be no longer than necessary to protect the best interest of the agency and the State of Illinois.  The leave shall initially be for no longer than 60 calendar days, but may be extended for additional periods of time, not to exceed 60 days each, so long as necessary to protect the best interest of the agency and the State of Illinois.

 

d)        Administrative leave shall not be used as an alternative to Suspension Pending Decision on Discharge or Suspension Pending Judicial Verdict pursuant to Section 302.710 and Section 302.785 of this Part.

 

e)         Administrative leave shall not be allowed in lieu of vacation, sick leave, personal business leave or any other type of paid or unpaid leave when the other leave is appropriate, nor shall administrative leave be used to circumvent rules governing limits on other leaves available to an employee.

 

f)         The agency will immediately provide the affected employee written notice of the administrative leave, and the agency will also immediately report any administrative leave to the Department of Central Management Services.

 

(Source:  Added at 29 Ill. Reg. 11800, effective July 14, 2005)

SUBPART L: TERM APPOINTMENTS

 

Section 302.800  Definition of Terms

 

 

 

            "Employee" shall refer to any employee on the payroll as well as any employee on a leave of absence granted pursuant to 80 Ill. Adm. Code 302 and 80 Ill. Adm. Code 303 or whose name appears on a list maintained pursuant to Section 302.570.

 

            "Jurisdictions A, B, and C" shall mean Jurisdictions A, B, and C as specified in Sections 8a, 8b, and 8c of the Personnel Code (Ill. Rev. Stat. 1987, ch. 127, pars. 63b108a, 63b108b, and 63b108c).

 

            "Major administrative responsibilities" shall refer to a position under the Personnel Code:  

            that requires the incumbent to direct programs defined by statute, or agency, board or commission policy or,

            that is responsible for the execution of policies or operating objectives in one or more operating units within an agency, board or commission, or

            which participates in the integrating of plans and projections of related organizational units and the scheduling of projected work programs of the agency, board or commission, and

            that encompasses on a regular basis questions of allocation and determination of resources, program definition, interpretation and implementation, and accountability.

 

            "Merit Compensation Grade 12" shall refer to any position in state service covered by 80 Ill. Adm. Code 310. Subpart E, of the State of Illinois, Department of Central Management Services Pay Plan, the Merit Compensation System, with a salary range of 12 or above.

 

            "Negotiated rates" shall refer to those positions in State service described within Subpart B, Section 310.220 and appendices of the State of Illinois, Department of Central Management Services Pay Plan (80 Ill. Adm. Code 310).

 

            "Or equivalent" shall refer to non-merit compensation pay grades or rates which fall within the salary range included within Merit Compensation Grade 12 and above.

 

            "Policy-making" position shall mean a position under the Personnel Code directly responsible to a board, agency, commission or departmental director or assistant director, and

            requiring participation in the determination of policy which fixes objectives or states the principles to control action toward operating objectives, or toward the conduct of one or more administrative units next below the director or assistant director level, or

            participates in the planning and programming of activities within the agency mandated by legislation or by the director or assistant director of the department, board or commission.

 

            "Prevailing rates" shall refer to those positions in State service described within 80 Ill. Adm. Code 310.210 of the State of Illinois, Department of Central Management Services Pay Plan.

 

            "Professional position" shall mean a position which requires specialized, theoretical, or technical knowledge which is usually acquired through college training or through work experience and other training which provides comparable knowledge.

 

            "Term Appointment" shall mean an appointment to a state position made under Section 8b19 of the Personnel Code (Ill. Rev. Stat. 1987, par. 63b108b19).

 

(Source:  Section repealed, new Section adopted at 13 Ill. Reg. 3722, effective March 13, 1989)

 

Section 302.810  Positions Subject to Term Appointments

 

All positions not subject to Section 4d(1), (2), (3) and (6) of the Personnel Code (Ill. Rev. Stat. 1987, pars. 63b104d(1), (2), (3) and (6)) on or above merit compensation grade 12 or its equivalent shall be subject to Term Appointments; except that all positions the duties and responsibilities of which are wholly professional but do not include policy-making or major administrative responsibilities and those positions which have either salaries at negotiated rates or salaries at prevailing rates shall be exempt from the provisions of the Term Appointment.

 

(Source:  Section repealed, new Section adopted at 13 Ill. Reg. 3722, effective March 13, 1989)

 

Section 302.820  Appointment

 

a)         An appointee to a position subject to Term Appointment for which the individual is qualified and which position is determined by the Director of Central Management Services to be exempt from the requirements of the United States Supreme Court decision in Rutan, et al. v. Republican Party of Illinois, et al., 497 U.S. 62 (1990), shall be selected by the Director or Chairman of the Department, Board or Commission in which the position is located.  An appointee to all other positions subject to Term Appointment shall be selected by the Director or Chairman of the Department, Board or Commission in which the position is located from the appropriate open competitive or competitive promotional eligible list.  Such appointments shall be made for a four year term commencing on the date of the appointment.

 

b)         All appointments to and renewals in term positions made before the effective date of P.A. 85-1152, effective July 29, 1988, amending the Personnel Code are ratified and confirmed.

 

(Source:  Amended at 26 Ill. Reg. 15285, effective October 15, 2002)

 

 

Section 302.821  Effect of Loss of Federal Funding on Employees Excluded from Term Appointment by Reason of Being Federally Funded (Repealed)

 

(Source:  Repealed at 10 Ill. Reg. 13940, effective September 1, 1986)

 

Section 302.822  Appointees Under Term Appointments

 

Appointees under Term Appointments shall be subject to Jurisdictions A, B, and C of Personnel Code with all rights and obligations thereunder during the term of their appointment.  Appointees shall be subject to the provisions of the Personnel Rules during the term of their appointment, including Sections 302.410 and 302.420.  An intra-agency or inter-agency transfer may be to a term position and shall not operate to extend the incumbent's term or to terminate the appointment prior to expiration of the incumbent's term.

 

(Source:  Amended at 16 Ill. Reg. 13489, effective August 19, 1992)

 

Section 302.823  No Promotion to Positions Covered by Term Appointments (Repealed)

 

(Source:  Repealed at 10 Ill. Reg. 13940, effective September 1, 1986)

 

Section 302.824  No Reallocation to Term Positions

 

a)         Any position which is reallocated, reclassified, or reevaluated to become subject to Term Appointments shall be declared vacant by the Director of the Department of Central Management Services who shall so advise the Director or Chairman of the Department, Board or Commission and notify the incumbent.  The incumbent may directly petition the Director of Central Mangement Services for reconsideration of the decision pursuant to Section 302.850.

 

b)         The incumbent in the position selected shall be allowed to apply for the vacant position.  The Director or Chairperson of the Department, Board or Commission in which such position is located within 30 days of the decision by the Director that the position is subject to Section 302.810 shall notify the Director and the incumbent employee in writing of the decision whether to appoint the employee to a Term Appointment in that position. If not selected, the individual shall be given a vacant position in the same agency in the same class as the position previously held, or be allowed a voluntary reduction, pursuant to Section 302.500.  The provisions of 80 Ill. Adm. Code 301.20 and 301.30 shall apply.

 

(Source:  Section repealed, new Section adopted at 13 Ill. Reg. 3722, effective March 13, 1989)

 

Section 302.825  Reemployment Rights to Term Appointment

 

No employee with reemployment rights granted under Section 302.570 shall be recalled to a position under Term Appointment, unless the employee has previously been appointed to a four year term.  Said reemployment rights shall be limited to the term appointment position held at time of layoff except that an employee laid off from a Senior Public Service Administrator position may also be eligible for reemployment to other related positions in the Senior Public Service Administrator classification pursuant to Section 302.570(b).

 

(Source:  Amended at 18 Ill. Reg. 1892, effective January 25, 1994)

 

Section 302.830  Expiration of Term Appointment

 

a)         A "Term Appointment" shall automatically terminate at the end of the fourth year after the date of the initial appointment unless the Term Appointment is renewed for another four year term by the Director or Chairman of the Department, Board or Commission.

 

b)         The term of any person appointed to or renewed in a term position before the effective date of P.A. 85-1152 amending the Personnel Code shall expire 4 years after the effective date of the appointment or renewal.

 

c)         Failure to renew a Term Appointment is not grievable or appealable to the Civil Service Commission.

 

(Source:  Section repealed, new Section adopted at 13 Ill. Reg. 3722, effective March 13, 1989)

 

Section 302.840  Renewal Procedures

 

a)         At least sixty (60) days prior to the termination of a Term Appointment the Director shall notify the Director or Chairman of the Department, Board or Commission and the employee, that the incumbent's term automatically expires on the last calendar day preceding the fourth anniversary of the appointment date unless the Director or Chairman renews the "Term Appointment".  The Director or Chairman will notify the employee, in writing, prior to the expiration of the term of the intention to renew or not to renew the appointment.  A copy of said letter shall be sent to the Director of Central Management Services.

 

b)         The Director or Chairman shall advise the Director of Central Management Services in writing, whether the employee's term has been renewed or allowed to expire automatically.  Failure to notify the Director of Central Management Services prior to the expiration of the appointment shall be deemed termination by the employing Director or Chairman.

 

(Source:  Amended at 18 Ill. Reg. 1892, effective January 25, 1994)

 

Section 302.841  Renewal Procedures for Incumbents on the Effective Date of Section 8b18 of the Personnel Code (Repealed)

 

(Source:  Repealed at 13 Ill. Reg. 3722, effective March 13, 1989)

 

Section 302.842  Effective Date of Reappointment or Termination (Repealed)

 

 (Source:  Repealed at 13 Ill. Reg. 3722, effective March 13, 1989)

 

Section 302.846  Change in Position Factors Affecting Term Appointment Exclusion

 

a)         Any position excluded from Term Appointment whose status, salary, pay plan assignment or source of funding is changed to cause the position to be subject to Term Appointment under Section 302.810 shall become immediately so subject.  The Director of Central Management Services shall so advise the Director or Chairman of the Department, Board or Commission and notify the incumbent.  The incumbent may directly petition the Director of Central Management Services for reconsideration of the decision pursuant to Section 302.850.

 

1)         The incumbent in the position selected shall be allowed to apply for the position.  The Director or Chairperson of the Department, Board or Commission in which such position is located within 30 days of the decision by the Director that the position is subject to Section 302.810 shall notify the Director and the incumbent employee in writing of the decision whether to appoint the employee to a Term Appointment in that position.

 

2)         If the Director or Chairperson of the Department, Board or Commission in which the position is located fails to notify the Director within 30 days, the Department will prepare documents necessary to terminate the incumbent, effective 60 days following the effective date the position becomes subject to term appointment.  These documents will be sent to the Director or Chairperson of the Department, Board or Commission who must either sign the appropriate documents confirming the decision to terminate the incumbent or return the documents unsigned and notify the Department that the decision is to appoint the incumbent to the term position.

 

3)         In no case may such a position be filled by other than the provisions for Term Appointment for more than 60 days following the effective date the position becomes subject to Term Appointment.

 

b)         Any position may be excluded from Term Appointment under Section 302.810 due to changes in:  status, salary, pay plan assignment or source of funding as reported to the General Assembly. The exclusion shall become effective upon the date of the change and any incumbent shall be continued in the position under Jurisdiction A, B or C of the Personnel Code as appropriate.

 

(Source:  Section repealed, new Section adopted at 13 Ill. Reg. 3722, effective March 13, 1989)

 

Section 302.850  Reconsideration Request

 

An employee whose position is deemed subject or deemed not subject to Term Appointment under Section 302.810 will be notified of such decision by the Director of Central Management Services.  Within five (5) working days of receipt of the notice of inclusion under or exclusion from the provisions for Term Appointment by the Director of Central Management Services under Section 302.810, such employee may directly petition the Director in writing for reconsideration of such decision.  In the event a request for reconsideration is made, the Director shall designate a review officer to review and investigate the application of this Part in the decision.  The review officer shall submit findings to the Director for final determination.  In any discussion or meeting chaired by the review officer, the employee shall be entitled to be present and may be accompanied or represented by any person.  Notice of the final decision of the Director shall be served on the employee in person or by certified mail, return-receipt requested, to the employee's last address appearing in the personnel file within 15 calendar days of receipt of the employee's request for reconsideration.  Failure by the Director to act within this period of time shall be deemed a denial of the request.

 

(Source:  Section repealed, new Section adopted at 13 Ill. Reg. 3722, effective March 13, 1989)

 

Section 302.860   Renewal Procedure for Incumbents Subject to Public Act 83-1369

 

Any incumbent who has received an appointment or renewal and is holding probationary or certified status in a position in or above merit compensation grade 12 or its equivalent while such position is subject to Section 4d(1), (2), (3) or (6) of the Personnel Code shall be subject to review and appointment when his or her term expires.  During the term of such appointment, Jurisdiction A, B and C shall apply to such incumbent.

 

(Source:  Section repealed, new Section adopted at 13 Ill. Reg. 3722, effective March 13, 1989)

 

Section 302.863  Renewal of Certified or Probationary Incumbents in Exempted Positions

 

Any employee holding a term appointment pursuant to this Subpart L whose position is declared exempt from Jurisdiction B of the Personnel Code by the Illinois Civil Service Commission as provided in Section 4d(3) of the Personnel Code shall be continued in that position with probationary status in accordance with Section 302.150(e) or with certified status in accordance with Section 302.150(f) and such term appointment shall be subject to renewal in accordance with Section 302.840.

 

(Source:  Section repealed, new Section adopted at 13 Ill. Reg. 3722, effective March 13, 1989)