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Post by Pay Check on Nov 9, 2009 5:32:35 GMT -5
Rule 11. Hours and Leaves
31 IAC 2-11-1 Work week; shifts
Authority: IC 4-15-2-5
Affected: IC 4-15-2-29
Sec. 1. The normal minimum working week shall be thirty-seven and one-half (37½) hours except as otherwise established
by statute or by specific ruling of the state personnel director. Shift hours shall be established by the appointing authority. Assignment
of employees to specific shifts shall be the prerogative of the appointing authority. (State Personnel Department; Rule 11, Sec 11-1;
filed Aug 17, 1967, 8:40 a.m.: Rules and Regs. 1968, p. 124; filed Apr 19, 1972, 9:10 a.m.: Rules and Regs. 1973, p. 515; filed Aug
17, 1982, 3:45 p.m.: 5 IR 2093; filed Mar 29, 1995, 4:30 p.m.: 18 IR 1980; readopted filed May 4, 2001, 4:29 p.m.: 24 IR 2895;
readopted filed Nov 15, 2007, 3:58 p.m.: 20071212-IR-031070660RFA) NOTE: Transferred from the State Personnel Board (30
IAC 1) to the State Personnel Department (31 IAC 2) by Acts 1982, P.L.23, SECTION 41. Effective July 1, 1982.
31 IAC 2-11-2 Overtime and holidays; schedules and pay
Authority: IC 4-15-1.8-7; IC 4-15-2-6
Affected: IC 4-15-2-11
Sec. 2. (a) Overtime and holiday policy shall be as follows:
(1) The state service shall observe only such legal holidays as are established by statute or officially proclaimed by the
governor.
(2) When any of these holidays comes on a Saturday, the Friday immediately preceding shall be the legal holiday.
(3) The first day of week, commonly called Sunday, shall not be a holiday within the meaning of this rule.
(b) Any employee who is required to work on a holiday shall be paid for such work at a straight-time rate, with the regular
payment for that pay period in which the holiday occurs, or, at the option of the appointing authority, may be credited with
compensatory time off. Unless otherwise authorized by the director and the state budget agency, all such compensatory time off shall
be scheduled by the appointing authority and must be taken within the pay period in which the holiday occurs.
(c) Except as provided in subsections (l) and (o):
(1) overtime shall comprise hours of work, rounded to the nearest quarter of an hour, in excess of thirty-seven and one-half
(37½) hours in a work week; and
(2) holidays, sick days, vacation days, personal days, leaves of absence, compensatory time off, and time spent on call or in
standby status, shall not constitute hours of work or hours worked for purposes of this rule.
(d) The following are requirements for employees who are eligible for overtime payment:
(1) Employees in the following job categories or classifications of the classified service are eligible for compensation for
overtime:
(A) Professional-administrative-technological (PAT), skill level VI.
(B) Clerical-office machine operators-technician (COMOT), skill levels I through VI.
(C) Labor-trades-crafts (LTC), skill levels I through V.
(D) Supervisory and managerial–COMOT, skill levels III through VIII.
(E) Supervisory and managerial–LTC, skill levels IV through VII.
(F) Protective occupations, law enforcement (POLE), skill levels II through IV, correctional officer trainees, correctional
officers, correctional sergeants, and security officers.
(G) The following PAT V level classifications:
Abstractor
Accountant
Administrative analyst
Administrative assistant
Artist illustrator
Audit examiner
Business administrator
Caseworker
Chemist
Civil rights specialist
Claims deputy
Clinical associate
Code enforce official
Code review official
Commodity examiner
Correctional counselor
Correctional release coordinator
Criminal intelligence analyst
Dairy farm specialist
Dental hygienist
Disability claims adjuster
Disability veterans specialist
Electronics investigator
Employment specialist
Engineering geologist
Environmental engineer
Environmental scientist
Environmental scientist-RAD health
Field auditor
Geologist
Health educator
Hearings officer
Highway engineer
Historic site curator
Historical education specialist
Hydraulic engineer
IOSHA inspector-construction
IOSHA inspector-industrial
Industrial hygienist
Information specialist
Internal affairs officer
Inventory administrator
Labor market analyst
Legal assistant
Librarian
Livestock license coordinator
Manpower specialist
Medical records administrator
Meteorologist
Migrant consultant
Museum specialist
Nosologist
Nurse
Occupational therapist
Oil and gas inspector
Parole officer
Pension administrator
Personnel officer
Personnel specialist
Photographer
Program coordinator
Program specialist
Programmer
Programmer-specialist
Psychiatric intern
Purchasing administrator
Records analyst
Recreation leader
Recreation therapist
Rehabilitation instructor
Rehabilitation therapist
Research analyst
Right-of-way engineer
Salesperson
Sanitarian-food
Sanitarian-general
Social services specialist
Soil scientist
State investigator
Statistician
Substance abuse counselor
Surveyor
Telecommunication technician
Telecommunication specialist
Training officer
Unclassified
Veteran's representative
Vital records statistics coordinator
Vocational rehabilitation counselor
Vocational rehabilitation counselor-deaf
Water quality planner
Word processing systems administrator.
(H) The following nursing classifications:
Charge nurse III
Charge nurse supervisor V
Nurse V
Nurse IV
Nurse supervisor V
Nurse supervisor VI
Nurse supervisor VII.
(2) Employees other than those included in subdivision (1) shall not be eligible for compensation for overtime except in the
following circumstances:
(A) The state personnel director, with the approval of the state budget agency, may authorize compensation for overtime
worked by employees otherwise not eligible when such overtime is worked according to prescribed policy or based on
a special approval.
(B) Overtime policies for exempt employees may be established by the director and state budget agency.
(C) Special approval to compensate overtime exempt employees can only be granted by the director and state budget
agency.
(e) Except as provided in subsection (g), when an eligible employee has worked overtime which is compensable under this
rule, payment for such overtime shall be made with the regular payment for that period in which the overtime hours were worked
as follows:
(1) Employees eligible for overtime compensation by reason of subsection (d)(2) shall be paid for overtime at a straight-time
rate equal to the employee's regular hourly pay rate multiplied by the number of overtime hours worked.
(2) Eligible employees whose regularly established minimum working week is thirty-seven and one-half (37½) hours or less
shall be paid for overtime at a straight-time rate equal to the employee's regular hourly pay rate multiplied by the number of
overtime hours worked for all such overtime which comprises less than forty (40) total hours of work within the work week.
(3) Any overtime worked by an eligible employee, for which straight-time payment is not provided by this subsection, nor for
which a different decision rule is provided by subsection (l) or (o), shall be paid at a time and a half rate equal to one and a
half times the employee's regular hourly pay rate multiplied by the number of such overtime hours worked.
(f) Requirements for payment for additional hours of work other than overtime shall be as follows:
(1) All employees whose regularly established work schedule is less than full time shall be paid for hours worked or hours
worked together with sick days, vacation days, personal days, holidays, compensatory time off, or leaves of absence with pay,
during the pay period, which are in addition to the employee's normal work schedule but which do not exceed the total number of hours of work in the regularly established work schedules of employees working full-time in comparable positions within
the same agency or department. Payment for such additional hours of work shall be made with the regular payment for that
pay period in which the additional hours were worked, at a straight-time rate equal to the employee's regular hourly pay rate
multiplied by the number of additional hours worked.
(2) Employees who are eligible for overtime payments under subsection (d) and whose regularly established work schedule
is full time, shall be paid for hours other than overtime, as defined in subsection (c), worked during the pay period which
together with sick days, vacation days, personal days, holidays, compensatory time off, or leaves of absence with pay, exceeds
the total number of regularly scheduled hours of work in the employee's pay period. Payment for such additional hours of work shall be made with the regular payment for that pay period in which the additional hours were worked at a straight-time rate
equal to the employee's regular hourly pay rate multiplied by the number of additional hours worked.
(g) Requirements for compensatory time off shall be as follows:
(1) Rate of accrual to include the following:
(A) Employees eligible for overtime compensation under subsection (d)(1) may be granted compensatory time off in
lieu of monetary payment for anticipated or earned overtime work:
(i) for overtime normally compensable under subsection (e)(3) or (l)(10)(D), compensatory time off shall be
granted at a time and a half rate.
(ii) for additional hours of work other than overtime, that is, that which is normally compensable under subsection
(e)(2), (f)(2), or (l)(10)(C), compensatory time off shall be granted at a straight-time rate.
(B) Employees eligible for overtime compensation subsection (d)(2) may be granted compensatory time off at a straighttime
rate in lieu of monetary payment for anticipated or earned overtime work.
(C) Employees eligible for holiday compensation subsection (b) may be granted compensatory time off at a straight-time
rate in lieu of monetary payment for anticipated or earned holiday work.
(2) Limitation on amount of accrual to include the following:
(A) Employees eligible for overtime compensation subsection (d)(1) and who are engaged in a public safety, emergency
response, or seasonal activity may accrue no more than four hundred eighty (480) hours of compensatory time off.
(B) Employees eligible for overtime compensation subsection (d)(1) and who are engaged in any work other than that
described in clause (A) may accrue no more than two hundred forty (240) hours of compensatory time off.
(C) Compensable hours worked in excess of the limits contained in this subdivision must be compensated monetarily
with the regular payment of wages for the pay period in which the time was worked.
(3) Use of compensatory time off to include the following:
(A) Employees eligible for overtime compensation under subsection (d)(1) shall be granted compensatory time off as
follows:
(i) Unless otherwise approved by the director and state budget agency, all compensatory time off must be
scheduled and taken off prior to the end of the calendar quarter succeeding the quarter in which the additional
hours were worked.
(ii) An employee who has accrued compensatory time off authorized by this rule and who has requested the use
of such compensatory time off, shall be permitted to use such time within a reasonable period after making the
request if the use of the compensatory time does not unduly disrupt the operations of the public agency.
(B) Employees eligible for overtime compensation under subsection (d)(2) shall normally be given compensatory time
off rather than monetary payment. If the needs of the service make the granting of compensatory time off impracticable,
the appointing authority may request approval of the director and the state budget agency to compensate monetarily at
the rate provided in subsection (e)(1).
(4) Monetary payment for accrued but unused compensatory time off to include the following:
(A) If monetary compensation is paid to an employee for accrued compensatory time off, such payment shall be at the
regular rate earned by the employee at the time the employee receives such payment.
(B) An employee eligible for overtime compensation, by reason of subsection (d)(1), who has accrued compensatory
time off as authorized by this section shall, upon termination of employment, be paid for the unused compensatory time
off at the greater of:
(i) the average regular hourly rate received by such employee during the last three (3) years of the employee's employment; or
(ii) the final regular hourly rate received by such employee.
(h) (Repealed)
(i) Any payroll containing overtime payments must be accompanied, when submitted to the director by the appointing
authority, by a written justification for each occurrence of overtime which is incurred.
(j) The director is authorized to establish and enforce any policies necessary for the implementation of this rule, or to prescribe
and enforce any policies concerning overtime or holiday compensation which are not inconsistent with this rule, notwithstanding
the internal policies of an agency or institution.
(k) The director of the state budget agency, in such manner as he deems necessary, may regulate the amounts of overtime to
be worked in any agency or institution. Such regulation of overtime work may include a requirement that any or all overtime work, prior to its assignment, must be approved by the state budget agency.
(l) The appointing authority of an employee engaged in law enforcement activities (including security personnel in correctional
institutions) may, with prior written approval of the director and state budget agency, elect to establish work periods and compensate
overtime eligible employees in accordance with the following in lieu of subsection (c):
(1) The following requirements concerning definition of law enforcement activities:
(A) As used in this subsection, "any employee in law enforcement activities" refers to any employee:
(i) who is a uniformed or plainclothed member of a body of officers and subordinates who are empowered by
statute or local ordinance to enforce laws designed to maintain public peace and order and to protect both life and
property from accidental or willful injury and to prevent and detect crimes;
(ii) who has the power of arrest; and
(iii) who is presently undergoing or has undergone or will undergo on-the-job training and/or a course of
instruction and study which typically includes:
(AA) physical training;
(BB) self-defense;
(CC) firearm proficiency;
(DD) criminal and civil law principles;
(EE) investigative and law enforcement techniques;
(FF) community relations;
(GG) medical aid; and
(HH) ethics.
Employees who meet these tests are considered to be engaged in law enforcement activities regardless of their
status as trainee, probationary, or permanent employee, and regardless of their assignment to duties incidental to
the performance of their law enforcement activities such as equipment maintenance, and lecturing or to support
activities, whether or not such assignment is for training or familiarization purposes, or for reasons of illness,
injury, or infirmity.
(B) Employees who do not meet each of the three (3) tests described in clause (A) are not engaged in law enforcement
activities, as that term is used in this subsection. Such employees would include:
(i) building inspectors;
(ii) health inspectors;
(iii) animal control personnel;
(iv) sanitarians;
(v) civilian traffic employees who direct vehicular and pedestrian traffic at specified intersections or other control
points;
(vi) civilian parking checkers who patrol assigned areas for the purpose of discovering parking violations and
issuing appropriate warnings or appearance notices;
(vii) wage and hour compliance officers;
(viii) equal employment opportunity compliance officers;
(ix) tax compliance officers;
(x) coal mining inspectors; and
(xi) building guards whose primary duty is to protect the lives and property of persons within the limited area of
the building.
(C) The term "any employee in law enforcement activities" also includes security personnel in correctional institutions.
A correctional institution is any government facility maintained as part of a penal system for the incarceration or
detention of persons suspected or convicted of having breached the peace or committed some other crime. Such facilities
include:
(i) penitentiaries;
(ii) prisons;
(iii) prison farms;
(iv) reformatories; and
(v) other facilities operated by the department of correction.
Employees of correctional institutions who qualify as security personnel for purposes of this subsection are those who have responsibility for controlling and maintaining custody of inmates and of safeguarding them from other inmates or
for supervising such functions, regardless of whether their duties are performed inside the correctional institution or
outside the institution (as in the case of road gangs). These employees are considered to be engaged in law enforcement
activities regardless of their status as trainee, probationary, or permanent employee, and regardless of their assignment
to duties incidental to the performance of their law enforcement activities, or to support activities whether or not such
assignment is for training or familiarization purposes or for reasons of illness, injury, or infirmity.
(D) Not included in the term "employee in law enforcement activities" are the so-called civilian employees of law
enforcement agencies or correctional institutions who engage in such support activities as those performed by dispatcher,
radio operators, apparatus and equipment maintenance and repair workers, janitors, clerks, and stenographers. Nor does
the term include employees in correctional institutions who engage in building repair and maintenance, culinary services,
teaching, or in psychological, medical, and paramedical services. This is so even though such employees may, when
assigned to correctional institutions, come into regular contact with the inmates in the performance of their duties.
(2) Employees engaged in law enforcement activities may also engage in some nonexempt work unless it exceeds twenty
percent (20%) of the total hours worked by the particular employee during the applicable work period.
(3) The attendance at a bona fide police academy or other training facility, when required by the employing public agency, does not constitute engagement in exempt activities unless the employee in question meets all the tests described in subdivision
(1)(A) in which event such training or further training would be incidental to, and thus part of, the employee's law enforcement
activities. Only the time spent in actual training or retraining constitutes compensable hours of work. All other time, such as
that spent in studying and other personal pursuits, is not compensable hours of work even in situations where the employee
is confined to campus or to barracks twenty-four (24) hours a day. Attendance at training facilities and schools, which is not
required but which may incidentally improve the employee's performance of his or her regular tasks or prepare the employee
for further advancement, need not be counted as working time even though the public agency may pay for all or part of such
training.
(4) If an employee regularly engaged in exempt law enforcement activities also works for another department or agency, such
employee will lose the exemption if the other work is unrelated to law enforcement activities. If, however, such employee's
other job is also exempt work, the less of the two (2) exemptions should be claimed.
(5) Requirements for law enforcement volunteers shall be as follows:
(A) Individuals who volunteer to perform law enforcement activities, usually on a part-time basis and as a public service,
are not considered to be employees of the public agency which receives their services. Such individuals do not lose their
volunteer status because their tuition may have been paid or they may have been reimbursed for attending special classes
or other training to learn about law enforcement or because they are reimbursed for approximate out-of-pocket expenses
incurred incidental to answering a call or to the cost of replacing clothing or other items of equipment which may have
been consumed or damaged in responding to a call. Nor is the volunteer status of such individuals lost where the only
material recognition afforded them is the holding of an annual party, the furnishing of a uniform and related equipment,
or their inclusion in a retirement or relief fund, a workman's compensation plan or a life or health insurance program,
or the payment of a nominal sum on a per call or other basis which may either be retained, in whole or in part, by the
volunteer or donated to finance various social activities conducted by or under the auspices of the agency. Payments
which average two dollars and fifty cents ($2.50) per call will be considered nominal. Payments in excess of this amount
may also qualify as nominal, depending upon the distances which must be traveled and other expenses incurred by the
volunteer. For purposes of this clause, it is not necessary for the agency to maintain an exact record of expenses.
(B) Where, however, individuals engaged in law enforcement activities receive more than a nominal amount of payment
on a basis which does not reasonably approximate the expenses incurred by them, they are employees rather than
volunteers and must be paid in accordance with this subsection.
(C) Volunteers engaged in law enforcement activities may include individuals who are employed in some other capacity
by the same public agency.
(D) Police officers of one (1) jurisdiction may engage in law enforcement activities on a voluntary basis for another
jurisdiction where there is no mutual aid agreement or other relationship between the two (2) jurisdictions. Such
employees cannot, however, perform law enforcement activities on a voluntary basis for their own agency, although
they can engage in other activities not directly related to these primary functions. For example, a police officer could
volunteer to counsel young juveniles who are members of a boy's club or other similar organizations.
(6) Rules for determining the tour of duty, work period, and compensable hours of work, generally, shall be as follows:
(A) Public agency employees engaged in law enforcement activities are unique. Therefore, computation of hours worked
on the basis of a work period (which can be longer than a work week) and which bases the overtime requirements on
a work period concept is permitted. Where an agency properly elects this subsection, it must be used for purposes of
both the overtime requirements and hourly rate determination.
(B) If, however, any public agency chooses not to claim the partial overtime exemption provided in this subsection, but
elects to pay overtime compensation as defined in subsection (c), it need not concern itself with the tour of duty or work
period discussion which follows or with the special rules relating to the determination of what constitutes compensable
hours of work since, in that event, overtime would be payable on a work week basis and the regular method of
computing hours worked would apply. Such an agency would not, however, be able to take advantage of the special
provisions relating to the balancing of hours over an entire work period and trading time.
(7) As used in this subsection, "tour of duty" means the period during which an employee is on duty. It may be a scheduled
or unscheduled period. Scheduled periods refer to shifts, that is, the period of time which elapses between scheduled arrival
and departure times, or to scheduled periods outside the shift, as in the case of a special detail involving crowd control during
a parade or other such event. Unscheduled periods refer to time spent in court by police officers, time spent handling
emergency situations, or time spent after a shift in order to complete required work. When an employee actually works fewer
hours than those scheduled, the employee's tour of duty is reduced accordingly. Nothing in this subsection precludes agencies
from establishing new tours of duty for their employees, provided, however, that the change is intended to be permanent at
the time that it is made.
(8) Compensable hours of work generally include all of that time during which an employee is on duty, on the employer's
premises, or at a prescribed workplace, as well as all other time during which the employee is suffered or permitted to work
for the employer. Such hours thus include all pre-shift and post-shift activities which are an integral part of the employee's
principal activity or which are closely related and to its performance such as attending roll call or writing up and completing
reports. It also includes time which an employee spends in attending required training classes. Time spent away from the
employer's premises under conditions so circumscribed that they restrict the employee from effectively using the time for
personal pursuits also constitutes compensable hours of work. For example, a police officer who is required to remain at home
until summoned to testify in a pending court case and who must be in a constant state of instant readiness is engaged in
compensable hours of work. On the other hand, employees who are confined to barracks while attending police academies are
not on duty during those times when they are not in class or at a training session since they are free to use such time for
personal pursuits. Also, a police officer who has completed his or her tour of duty but who is given a patrol car to drive home
and use on private business is not working simply because the radio must be left on so that the officer can respond to
emergency calls. Of course, the time spent in responding to such calls would be compensable, except in those instances where
it is miniscule and cannot, as an administrative matter, be recorded for payroll purposes.
(9) Requirements for sleeping and mealtime as compensable hours of work shall be as follows:
(A) Where the employer has elected to use this subsection, mealtime cannot be excluded from compensable hours of
work unless the employee is completely relieved from duty for a bona fide meal period. It is not necessary that an
employee be permitted to leave the premises if he or she is otherwise completely freed from duties during the meal
period.
(B) Sleep time may be excluded in the case of law enforcement employees who are on duty for more than twenty-four
(24) hours. However, sleep time shall, in no event, exceed eight (8) hours, in a twenty-four (24) hour period. If such
sleep time is interrupted by a call to duty, the interruption must be counted as hours worked, and, if the period is
interrupted to such an extent that the employee cannot get a reasonable night's sleep (which, for enforcement purposes,
means at least five (5) hours) the entire time must be counted as hours of work.
(10) Requirements for the work period shall be as follows:
(A) As used in this subsection, "work period" refers to any established and regularlyrecurring period of work which
cannot be less than seven (7) consecutive days nor more than twenty-eight (28) consecutive days. Except for this
limitation, the work period can be of any length, and it need not coincide with the pay period or with a particular day
of the week or hour of the day. Once the beginning time of an employee's work period is established, however, it
remains fixed regardless of how many hours are worked within that period. The beginning of the work period may, of
course, be changed, provided that the change is intended to be permanent at the time that it is made.
(B) An agency may have one (1) work period applicable to all of its employees, or different work periods for different
employees, or groups of employees. The agency must, however, make some notation in its records which shows the work period for each employee and which indicates the length of that period and its starting time.
(C) For those employees who have a work period of at least seven (7) but no more than twenty-eight (28) consecutive
days, no overtime compensation is required unless the ratio between the number of days in the work period and the hours
worked during such work period exceeds the ratio between a work period of twenty-eight (28) days and one hundred
fifty (150) hours. If the ratio between the number of days in the work period and the hours worked during such work
period exceeds the ratio between a work period of twenty-eight (28) days and one hundred fifty (150) hours but is less
than the ratio between twenty-eight (28) days and one hundred seventy-one (171) hours, the additional hours are paid
for at the employee's regular hourly rate of pay.
(D) For those employees who have a work period of at least seven (7) but no more than twenty-eight (28) consecutive
days, no overtime compensation at a premium rate is required until the ratio between the number of days in the work
period and the hours worked during such work period exceeds the ratio between a work period of twenty-eight (28) days
and one hundred seventy-one (171) hours at which point all additional hours are paid for at one and one-half (1½) times
the employee's regular rate of pay.
(E) Accordingly, overtime compensation at the rate indicated in this clause must be paid for all hours worked in excess
of the following maximum hours standards:
Work Period
(Days)
Straight-time Overtime
Payable for Hours in
Excess of
Time and a Half
Payable for
Hours in Excess
of
28 150 171
27 144.5 165
26 139.5 159
25 134 153
24 128.5 147
23 123.5 141
22 118 134
21 112.5 128
20 107 122
19 102 116
18 96.5 110
17 91 104
16 86 98
15 80.5 92
14 75 86
13 69.5 79
12 64.5 73
11 59 67
10 53.5 61
9 48 55
8 43 49
7 37.5 43
(11) Another common practice or agreement among employees engaged in law enforcement activities is that of substituting
for one another on regularly scheduled tours of duty (or for some part thereof) in order to permit an employee to absent himself
or herself from work to attend to purely personal pursuits. This practice is commonly referred to as trading time. The practice
of trading time will be deemed to have no effect on hours of work if the following criteria are met:
(A) The trading of time is done voluntarily by the employees participating in the program and not at the behest of the
employer.
(B) The reason for trading time is due, not to the employer's business operations, but to the employee's desire or need
to attend to personal matter.
(C) A record is maintained by the employer of all time traded by his employees.
(D) The period during which time is traded and paid back does not exceed twelve (12) months.
(E) The employees secure the approval of the appointing authority.
(m) (Repealed)
(n) (Repealed)
(o) Unless otherwise approved by the director and state budget agency, no overtime shall be paid to any employee who is Indiana Administrative Code Page 1
ARTICLE 2. MERIT EMPLOYEES
Rule 1. Definitions
31 IAC 2-1-1 Definitions
Authority: IC 4-15-2-6
Affected: IC 4-15-1.8-7; IC 4-15-2
Sec. 1. As used in 31 IAC 2, unless the context plainly requires another meaning, the following terms shall have meaning as
indicated:
(a) "Act" means the State Personnel Act, IC 4-15-2 and any amendments thereto.
(b) "Classified service" means all offices and positions of trust and employment in the state service under the State Personnel
Act IC 4-15-2 except those placed in the unclassified service by the Act IC 4-15-2.
(c) "Board" means the state personnel board.
(d) "Director" means the state personnel director.
(e) "Agency" means a state or county department or a division of the state service named specifically in the definition of "state
service", in the Act IC 4-15-2, all positions of which are under the same appointing authority.
(f) "Position" means a group of current duties and responsibilities, assigned or delegated by competent authority, and approved
by the state personnel division, requiring the full-time or part-time employment of one (1) person.
(g) "Reclassification" means a change of an individual position by raising it to a higher class, reducing it to a lower class, or
moving it to another class in the same pay level on the basis of significant changes in the kind, difficulty, or responsibility of the work
performed in such position. It does not involve the change of an employee from one (1) position to another.
(h) "Class" means one (1) or more positions sufficiently alike in duties and responsibilities to warrant the same descriptive title,
pay range and minimum qualifications.
(i) "Allocation" means the assignment of an individual position to a class.
(j) "Employment list" means an eligible list, reemployment list, promotional list, or intermittent employment list.
(k) "Reinstatement" means the return of an employee to the previous state of his employment by reason of an order of the
appointing authority, director, state employees appeals commission, a properly designated arbiter, or a court.
(l) "Assembled examination" means an examination in which applicants are called together in one (1) or more designated
centers to compete in a written examination according to procedures established and controlled by the examining staff.
(m) "Unassembled examination" means an examination in which applicants are subject only to general controls as to the
manner in which required material is submitted to the examining staff for review and rating and usually does not involve the calling
of applicants together prior to appointment.
(n) "Starting salary" means the rate of pay, within a salary range for any classification, at which a new employee is to be hired.
(o) "Duration appointment" means an appointment made during time of war, state or national disaster, or similar circumstances
resulting in a general manpower shortage, under the authority of a resolution of the state personnel board authorizing such
appointments. To be eligible for a duration appointment the appointee must possess the minimum qualifications for the class to which
he is given a duration appointment but not have successfully completed the required examination. Whenever an eligible list is
established for the class in which the duration appointment is made, the duration appointment will be terminated.
(p) "Temporary appointment" means an appointment to a position in the merit service for a maximum period of ninety (90)
working days.
(q) "Part-time appointment" means an appointment to a position which does not require full-time performance but does require
at least half-time performance on a regular basis, that is, a predetermined amount of time per day or per week. A part-time employee
is paid a percentage of the biweekly salary received by comparably classified full-time employees.
(r) "Intermittent appointment" means an appointment to a position which requires performance on an irregular or "as needed"
basis. This type of appointment is limited to 180 working days in a twelve (12) month period unless an exception is allowed in
accordance with 31 IAC 2-7-4(c).
(s) "Emergency appointment" means an appointment made whenever an emergency makes it impossible to fill a position in
the classified service under any other provision of the State Personnel Act IC 4-15-2. An emergency appointment is limited to ten
(10) days.
(t) "Promotion" means a change of a regular employee from one (1) class to another class having a higher maximum salary
rate.
(u) "Demotion" means a change of a regular employee from one (1) class to another class having a lower maximum salary rate.
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(v) "Return to status" means the change of an employee from a classification to which he has been promoted on a duration or
working test basis to a classification in which he has prior permanent status.
(w) "Reemployment" means the appointment of an individual who has previously been a regular employee.
(x) "Transfer" means the change of an employee from one (1) position to another position in the same class or a similar class
with essentially the same basic qualifications and same maximum salary limit.
(y) "Probationary employee" means an employee serving a working test following appointment from an employment list.
(z) "Regular employee" means an employee who has met the minimum qualifications, passed the examination, completed the
working test period, and has been certified by the appointing authority for the specific classification.
(aa) "Permanent status" reflects the right or rights granted to an individual who has met the experience and training
requirements of the position he occupies, passed the required examination, and successfully completed his working test period.
(bb) "Preference eligible" means (1) a veteran who has been honorably separated from the armed forces of the United States;
or (2) the spouse of an honorably separated veteran with a service-connected disability; or (3) the unremarried spouse of a deceased
veteran who was honorably separated from the armed forces of the United States. All of these individuals are granted additional
points on their examination and other rights accorded by the State Personnel Act IC 4-15-2.
(cc) "War" means active duty service as defined in subsection (dd) of this section in either:
(1) World War I – April 6, 1917 to November 11, 1918. This period is extended to April 1, 1920 if the veteran served in
Russia. For purposes of satisfying the active duty requirement in subsection (dd) of this section, the war period will be
extended to July 1, 1921, if the veteran served at any time during April 6, 1917 through November 11, 1918 and completed
his service prior to July 1, 1921; or
(2) World War II – December 7, 1941 to December 31, 1946; or
(3) Korean Conflict – June 27, 1950 to January 31, 1955; or
(4) Viet Nam Conflict – August 5, 1964 to May 7, 1975; or
(5) Actual combat or equally hazardous duty, regardless of time, in any foreign war, insurrection, or expedition which service
is recognized by the award of a service and/or campaign medal of the United States.
(dd) "Active duty" means
(1) at least ninety (90) days or more wartime service; or
(2) ninety (90) days or more of consecutive service which began or ended during a wartime period; or
(3) at least ninety (90) days or more combined services in two (2) or more wartime periods; or
(4) if less than ninety (90) days were served, but the veteran was discharged for a disability incurred in the line of duty, this
will satisfy the "active duty" requirement.
(ee) "Provisional appointment" means an appointment authorized by the director when an appropriate list is not available. To
be eligible for a provisional appointment the appointee must meet the minimum qualifications for the class, but not have successfully
completed the required examination. Whenever an eligible list is established for the class in which the provisional appointment is
made, the provision appointment will be terminated. However, no provisional appointee shall hold his position for more than six (6)
months.
(ff) "Pay period" means a time period, standardized for payroll purposes, used to compute compensation due an employee.
(gg) "Legal quarantine" means quarantine established pursuant to IC 18-1-1.5-7 [IC 18 was repealed by Acts 1982, P.L.127,
SECTION 2(b)], IC 16-1-13-2 [IC 16-1-13 was repealed by P.L.4-1988, SECTION 13, effective July 1, 1988.], IC 16-1-3-7 [IC 16-1
was repealed by P.L.2-1993, SECTION 209, effective April 30, 1993.], or IC 16-1-10-9 [IC 16-1-10 was repealed by P.L.123-1988,
SECTION 31, effective July 1, 1988.].
(hh) "Hourly employee" means an employee appointed to a position requiring less than half-time performance and for which
the employees [sic.] is paid on an hourly basis. (State Personnel Department; Rule 1; filed Sep 28, 1946, 10:00 am: Rules and Regs.
1947, p. 1565; filed Apr 28, 1950, 4:30 pm: Rules and Regs. 1951, p. 243; filed Apr 27, 1950, 4:28 pm: Rules and Regs. 1951, p.
191; filed Aug 17, 1967, 8:40 am: Rules and Regs. 1968, p. 109; filed Apr 19, 1972, 9:10 am: Rules and Regs. 1973, p. 499; filed
Nov 14, 1977, 4:15 pm: Rules and Regs. 1978, p. 645; filed Jan 10, 1979, 3:40 pm: 2 IR 136; filed Aug 17, 1982, 3:45 pm: 5 IR 2084;
filed Nov 1, 1983, 4:00 pm: 7 IR 14, eff Jan 1, 1984; readopted filed May 4, 2001, 4:29 p.m.: 24 IR 2895; readopted filed Nov 15,
2007, 3:58 p.m.: 20071212-IR-031070660RFA) NOTE: Alternatively cited as Rule 1, Sec. 1-1. NOTE: Transferred from the State
Personnel Board (30 IAC 1) to the State Personnel Department (31 IAC 2) by Acts 1982, P.L.23, SECTION 41. Effective July 1, 1982.
Rule 2. Organization for Personnel Administration
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Indiana Administrative Code Page 3
31 IAC 2-2-1 Open meetings of personnel board
Authority: IC 4-15-2-5
Affected: IC 4-15-1-3; IC 4-15-2-35
Sec. 1. All meetings of the State Personnel Advisory Board shall be conducted in accordance with the Indiana Open Door Law.
(State Personnel Department; Rule 2; filed Sep 28, 1946, 10:00 am: Rules and Regs. 1947, p. 1567; filed Apr 27, 1950, 4:28 pm:
Rules and Regs. 1951, p. 193; filed Aug 17, 1967, 8:40 am: Rules and Regs. 1968, p. 111; filed Apr 19, 1972, 9:10 am: Rules and
Regs. 1973, p. 502; filed Aug 17, 1982, 3:45 pm: 5 IR 2086; readopted filed May 4, 2001, 4:29 p.m.: 24 IR 2895; readopted filed
Nov 15, 2007, 3:58 p.m.: 20071212-IR-031070660RFA) NOTE: Alternatively cited as Rule 2, Sec. 2-1. NOTE: Transferred from
the State Personnel Board (30 IAC 1) to the State Personnel Department (31 IAC 2) by Acts 1982, P.L.23, SECTION 41. Effective
July 1, 1982.
Rule 3. The Classification Plan
31 IAC 2-3-1 Revision of classes
Authority: IC 4-15-2-5
Affected: IC 4-15-2-9
Sec. 1. Whenever the creation, abolition, subdivision, or consolidation of classes appears necessary due to the creation of a
new position, change in organization, or change in functions or duties of an individual position, the Director, after conferring with
the appointing authority or authorities, shall prepare class specifications for the classes affected. Affected agencies and institutions
shall be notified of the proposed revision.
The State Personnel Department shall afford these agencies and institutions an opportunity to express their viewpoints
concerning such revisions before action is taken. (State Personnel Department; Rule 3, Sec 3-1; filed Apr 27, 1950, 4:28 pm: Rules
and Regs. 1951, p. 193; filed Aug 17, 1967, 8:40 am: Rules and Regs. 1968, p. 111; filed Apr 19, 1972, 9:10 am: Rules and Regs.
1973, p. 502; filed Aug 17, 1982, 3:45 pm: 5 IR 2086; readopted filed May 4, 2001, 4:29 p.m.: 24 IR 2895; readopted filed Nov 15,
2007, 3:58 p.m.: 20071212-IR-031070660RFA) NOTE: Transferred from the State Personnel Board (30 IAC 1) to the State
Personnel Department (31 IAC 2) by Acts 1982, P.L.23, SECTION 41. Effective July 1, 1982.
31 IAC 2-3-2 Allocation of new position
Authority: IC 4-15-2-5
Affected: IC 4-15-2-9; IC 4-15-2-10
Sec. 2. Position Allocation. When a new position is contemplated, the appointing authority shall request establishment of the
position before it may be filled and, except as otherwise provided by these rules, no person shall be appointed to or employed in a
position until the position has been allocated to a class and approved by the Personnel Director or until the classification plan has
been amended to provide therefor. (State Personnel Department; Rule 3, Sec 3-2; filed Apr 27, 1950, 4:28 pm: Rules and Regs. 1951,
p. 194; filed Aug 17, 1967, 8:40 am: Rules and Regs. 1968, p. 111; filed Apr 19, 1972, 9:10 am: Rules and Regs. 1973, p. 503;
readopted filed May 4, 2001, 4:29 p.m.: 24 IR 2895; readopted filed Nov 15, 2007, 3:58 p.m.: 20071212-IR-031070660RFA) NOTE:
Transferred from the State Personnel Board (30 IAC 1) to the State Personnel Department (31 IAC 2) by Acts 1982, P.L.23,
SECTION 41. Effective July 1, 1982.
31 IAC 2-3-3 Reallocation of positions
Authority: IC 4-15-2-5
Affected: IC 4-15-2-5; IC 4-15-2-9
Sec. 3. Position Reallocation. When the duties of a position or positions are changed substantially, the Director may order a
review of the position or positions involved. Upon completing the review, he may order that the position or positions be allocated
to a more appropriate established class. Reallocations shall not be used to avoid restrictions pertaining to lay-offs, suspensions,
dismissals, demotions, and promotions. (State Personnel Department; Rule 3, Sec 3-3; filed Apr 27, 1950, 4:28 pm: Rules and Regs.
1951, p. 194; filed Aug 17, 1967, 8:40 am: Rules and Regs. 1968, p. 111; filed Apr 19, 1972, 9:10 am: Rules and Regs. 1973, p. 503;
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Indiana Administrative Code Page 4
readopted filed May 4, 2001, 4:29 p.m.: 24 IR 2895; readopted filed Nov 15, 2007, 3:58 p.m.: 20071212-IR-031070660RFA) NOTE:
Transferred from the State Personnel Board (30 IAC 1) to the State Personnel Department (31 IAC 2) by Acts 1982, P.L.23,
SECTION 41. Effective July 1, 1982.
31 IAC 2-3-4 Effect of reallocation
Authority: IC 4-15-2-5
Affected: IC 4-15-2-9; IC 4-15-2-10
Sec. 4. Effect of Reallocation. The incumbent shall not be continued in the position unless he is eligible for and actually
receives an appointment to a position in the new class. If a position is reallocated to a class having a higher salary range, eligibility
shall be determined by use of the procedure outlined in Rule 7, Section 7-5 [31 IAC 2-7-5]. If reallocation is to another class at the
same salary level, eligibility shall be measured by possession of minimum qualifications for the new class.
If a position is reallocated to a lower class, the incumbent's name shall be placed on the appropriate employment list for the
class to which the position was previously allocated, and the individual shall be eligible for transfer, demotion, or return to status
as provided in these rules. Further, whenever a position is reallocated to a class in a lower pay grade, the employee holding the
position at the time of the reallocation shall be paid within the established salary range for the class to which the position is
reallocated provided said employee is eligible to fill the position in the new class. (State Personnel Department; Rule 3,Sec 3-4; filed
Apr 27, 1950, 4:28 pm: Rules and Regs. 1951, p. 194; filed Aug 17, 1967, 8:40 am: Rules and Regs. 1968, p. 112; filed Apr 19, 1972,
9:10 am: Rules and Regs. 1973, p. 503; filed Nov 14, 1977, 4:15 pm: Rules and Regs. 1978, p. 645; readopted filed May 4, 2001,
4:29 p.m.: 24 IR 2895; readopted filed Nov 15, 2007, 3:58 p.m.: 20071212-IR-031070660RFA) NOTE: Transferred from the State
Personnel Board (30 IAC 1) to the State Personnel Department (31 IAC 2) by Acts 1982, P.L.23, SECTION 41. Effective July 1, 1982.
Rule 4. The Pay Plan
31 IAC 2-4-1 Revision of pay plan; approval
Authority: IC 4-15-2-5
Affected: IC 4-15-2-11
Sec. 1. Whenever, as a result of changes in classes, living costs, availability of labor supply, prevailing rates of pay, or the
financial policy of the State, a revision of the pay plan appears desirable, the Director, after consultation with the budget agency, shall
prepare recommended revisions to the pay plan. The revision in pay rates shall take effect the next succeeding budget period
following adoption by the State Personnel Director and approval by the State Budget Agency and the Governor, unless some other
effective date is designated by the State Personnel Director and the State Budget Agency. (State Personnel Department; Rule 4, Sec
1; filed Sep 28, 1946, 10:00 am: Rules and Regs. 1947, p. 1568; filed Apr 28, 1950, 4:30 pm: Rules and Regs. 1951, p. 245; filed
Apr 27, 1950, 4:28 pm: Rules and Regs. 1951, p. 195; filed Sep 12, 1956, 12:30 pm: Rules and Regs. 1957, p. 143; filed Aug 17,
1967, 8:40 am: Rules and Regs. 1968, p. 112; filed Apr 19, 1972, 9:10 am: Rules and Regs. 1973, p. 503; filed Aug 17, 1982, 3:45
pm: 5 IR 2086; readopted filed May 4, 2001, 4:29 p.m.: 24 IR 2895; readopted filed Nov 15, 2007, 3:58 p.m.: 20071212-IR-
031070660RFA) NOTE: Alternatively cited as Rule 4, Sec. 4-1. NOTE: Transferred from the State Personnel Board (30 IAC 1) to
the State Personnel Department (31 IAC 2) by Acts 1982, P.L.23, SECTION 41. Effective July 1, 1982.
31 IAC 2-4-2 Minimum salary; advancement; change in status
Authority: IC 4-15-2-6
Affected: IC 4-15-2-1
Sec. 2. (a) All regulations affecting administration of the pay plan shall be designed, in accordance with the intents and
purposes of IC 4-15-2-1 of the state personnel act, as amended, to guarantee equal opportunities and equal incentives for entrance
to the service, an opportunity for advancement according to fair standards of accomplishment and compliance with the Equal Pay
Act (29 U.S.C. 206(d)).
(b) The established minimum for a class normally shall be paid upon appointment to the class. However, employment at a
salary above the established rate may be approved by the director and the state budget agency on certification by the appointing
authority and his or her board's approval, if necessary, that such action is justified. If a former employee is reemployed, the appointing
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Indiana Administrative Code Page 5
authority shall make appointment at the same rate of pay the employee had been receiving when the employee was last in that class
or a class of the same salary range, or at the nearest higher dollar amount to the salary received before separation which is within
the current salary range for the class.
(c) If an employee is changed to a class in a higher salary level, the starting salary for which is less than the salary he or she
receives, no change need be made in his or her existing rate unless an adjustment is necessary to place the salary in the range or
unless a salary increase is approved by the appointing authority and the director. If an employee is changed to a class in a lower salary
level, he or she shall remain at his or her current salary only if it does not exceed the maximum of the new range and the director
determines that salary reduction within the new range is not required.
(d) Salary advancement within the established range shall be dependent upon specific written recommendation and shall be
based upon meritorious service as indicated by service ratings and other pertinent data. Whenever an employee transfers from a
position under the jurisdiction of one (1) appointing authority to a position in the same class under the jurisdiction of a different
appointing authority, the beginning rate of pay in the new position shall not be more than the rate of pay the employee was receiving
in the position from which he or she is being transferred. Salary increases granted to employees in the classified service shall be made
on the basis of the approved increment plan.
(e) Each change in status and each salary increase shall be submitted on a prescribed form for the approval of the director. Such
changes may be made as of the requested effective date only if they are received in the offices of the state personnel department prior
to the effective date.
(f) Any salary paid to an employee shall represent the total remuneration for the employee, not including reimbursements for
official travel.
(g) Charges for subsistence or maintenance received shall be deducted from the total salary.
(h) An employee whose substitution on unrelated positions does not involve working more than the normal number of hours
shall not be paid additional compensation for the additional duties. No such substitution shall exceed four (4) consecutive calendar
weeks.
(i) Whenever an employee works for a period less than the regularly established number of hours a day, days a week, or days
a month, the amount paid shall be governed by the rate for full-time work and shall be proportionate to the time actually employed.
(j) The payment of a separate salary from two (2) or more agencies for duties performed in each of such employments is
permissible if the salaries received are in proper proportion to the percentage of full-time work in each agency.
(k) No employee in the state service shall supplement any state salary through activities engaged in or on state property, such
as the following:
(1) Collecting commissions.
(2) Owning and operating concessions.
(3) Rendering personal or other service to patients, inmates, clients, wards, or the public.
No employee shall supplement any state salary through activities engaged in or on state property during working hours, such as
collecting commissions, owning and operating concessions, or rendering personal or other services to other employees. (State
Personnel Department; Rule 4, Sec 2; filed Sep 28, 1946, 10:00 a.m.: Rules and Regs. 1947, p. 1569; filed Jun 28, 1948, 4:00 p.m.:
Rules and Regs. 1949, p. 174; filed Apr 28, 1950, 4:30 p.m.: Rules and Regs. 1951, p. 246; filed Apr 27, 1950, 4:28 p.m.: Rules and
Regs. 1951, p. 195; filed Sep 12, 1956, 12:30 p.m.: Rules and Regs. 1957, p. 143; filed Aug 17, 1967, 8:40 a.m.: Rules and Regs.
1968, p. 112; filed Apr 19, 1972, 9:10 a.m.: Rules and Regs. 1973, p. 504; filed Nov 14, 1977, 4:15 p.m.: Rules and Regs. 1978, p.
645; filed Aug 17, 1982, 3:45 p.m.: 5 IR 2087; filed May 10, 1983, 3:07 p.m.: 6 IR 1005, eff Jul 1, 1983; filed Mar 29, 1995, 4:30
p.m.: 18 IR 1978; filed Dec 1, 1997, 4:30 p.m.: 21 IR 1253, eff Jan 1, 1998; readopted filed May 4, 2001, 4:29 p.m.: 24 IR 2895;
readopted filed Nov 15, 2007, 3:58 p.m.: 20071212-IR-031070660RFA) NOTE: Alternatively cited as Rule 4, Sec. 4-2. NOTE:
Transferred from the State Personnel Board (30 IAC 1) to the State Personnel Department (31 IAC 2) by Acts 1982, P.L.23,
SECTION 41. Effective July 1, 1982.
31 IAC 2-4-3 Payroll and attendance records
Authority: IC 4-15-2-5
Affected: IC 4-15-2-31
Sec. 3. (A) Each appointing authority shall maintain an attendance record for each employee, which record shall be subject
to audit by the State Personnel Department at any time.
(B) Pay roll accounts bearing the name and class title or corresponding code number and the amount to be paid every employee
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Indiana Administrative Code Page 6
in the classified service shall be submitted to the State Personnel Department for certification immediately following the pay period
covered. (State Personnel Department; Rule 4, Sec 3; filed Sep 28, 1946, 10:00 am: Rules and Regs. 1947, p. 1572; filed Apr 28,
1950, 4:30 pm: Rules and Regs. 1951, p. 250; filed Apr 27, 1950, 4:28 pm: Rules and Regs. 1951, p. 200; filed Sep 12, 1956, 12:30
pm: Rules and Regs. 1957, p. 146; filed Aug 17, 1967, 8:40 am: Rules and Regs. 1968, p. 114; filed Apr 19, 1972, 9:10 am: Rules
and Regs. 1973, p. 505; filed Aug 17, 1982, 3:45 pm: 5 IR 2088; readopted filed May 4, 2001, 4:29 p.m.: 24 IR 2895; readopted filed
Nov 15, 2007, 3:58 p.m.: 20071212-IR-031070660RFA) NOTE: Alternatively cited as Rule 4, Sec. 4-3. NOTE: Transferred from
the State Personnel Board (30 IAC 1) to the State Personnel Department (31 IAC 2) by Acts 1982, P.L.23, SECTION 41. Effective
July 1, 1982.
Rule 5. Applications and Examinations
31 IAC 2-5-1 Notice of examinations; residency requirement
Authority: IC 4-15-2-5; IC 4-15-2-18
Affected: IC 4-15-2-17
Sec. 1. (A) The official location for posting the announcements of examinations shall be in the office of the State Personnel
Department in Indianapolis.
The Director may also specify that announcements of examinations be posted in other locations.
(B) Open competitive examinations shall be limited to residents of the State except for classes in which the Director believes
there would be inadequate competition.
(C) Announcements for promotional examinations shall be sent to the appointing authority involved, and he shall post such
announcements in a conspicuous place accessible to all employees. (State Personnel Department; Rule 5, Sec 1; filed Sep 28, 1946,
10:00 am: Rules and Regs. 1947, p. 1573; filed Apr 27, 1950, 4:28 pm: Rules and Regs. 1951, p. 200; filed Aug 17, 1967, 8:40 am:
Rules and Regs. 1968, p. 115; filed Apr 19, 1972, 9:10 am: Rules and Regs. 1973, p. 506; filed Aug 17, 1982, 3:45 pm: 5 IR 2088;
readopted filed May 4, 2001, 4:29 p.m.: 24 IR 2895; readopted filed Nov 15, 2007, 3:58 p.m.: 20071212-IR-031070660RFA) NOTE:
Alternatively cited as Rule 5, Sec. 5-1. NOTE: Transferred from the State Personnel Board (30 IAC 1) to the State Personnel
Department (31 IAC 2) by Acts 1982, P.L.23, SECTION 41. Effective July 1, 1982.
31 IAC 2-5-2 Applications; documentation of training
Authority: IC 4-15-2-5; IC 4-15-2-18
Affected: IC 4-15-2-16
Sec. 2. (A) Application shall be made on forms prescribed by the Director. Such forms shall require information covering
experience, training, and such other pertinent information as may be requested in the public announcement, and shall be signed by
the applicant to signify that he certifies to the truth and accuracy of all statements made therein.
(B) Any individual claiming credit for, or seeking to establish eligibility for, an examination on the basis of training beyond
the level of high school graduation must submit prior to the employment an official transcript or other official document to the
Personnel Department certifying to the validity of such training. (State Personnel Department; Rule 5, Sec 2; filed Sep 28, 1946,
10:00 am: Rules and Regs. 1947, p. 1573; filed Apr 27, 1950, 4:28 pm: Rules and Regs. 1951, p. 201; filed Aug 17, 1967, 8:40 am:
Rules and Regs. 1968, p. 115; filed Apr 19, 1972, 9:10 am: Rules and Regs. 1973, p. 506; filed Aug 17, 1982, 3:45 pm: 5 IR 2089;
readopted filed May 4, 2001, 4:29 p.m.: 24 IR 2895; readopted filed Nov 15, 2007, 3:58 p.m.: 20071212-IR-031070660RFA) NOTE:
Alternatively cited as Rule 5, Sec. 5-2. NOTE: Transferred from the State Personnel Board (30 IAC 1) to the State Personnel
Department (31 IAC 2) by Acts 1982, P.L.23, SECTION 41. Effective July 1, 1982.
31 IAC 2-5-3 Educational requirements; rejection of applications
Authority: IC 4-15-2-5; IC 4-15-2-18
Affected: IC 4-15-2-15; IC 4-15-2-16
Sec. 3. (a) No substitution for the minimum educational requirements will be permitted for any examination in which the state
personnel department has ruled that the classification is technical, professional, or scientific.
(b) An applicant for any examination may be required by the state personnel department to furnish verification of qualifying
experience. On any examination for which verification is deemed necessary, the applicant shall be required to furnish suitable
evidence of the qualifying experience. Statements of relatives will not be accepted and failure to furnish verification shall be deemed
sufficient cause for rejection of the application.
(c) The director may reject the application of any person, strike the name of any person from the promotional list, or refuse
to certify the name of any person on a promotional list whenever it is found that such person is not a regular employee or is not an
employee of the organizational unit for which the examination is given. The director may reject the application of any person, strike
the name of any person from any list, or refuse to certify the name of any person on any list whenever it is found that such person
does not meet the m
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