Kentucky Statutes 18A.0751 – Personnel Board — Regulatory authority
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(1) The board shall promulgate comprehensive administrative regulations for the classified service governing:
(a) Appeals by state employees; (b) Demotion;
(c) Dismissal;
(d) Fines, suspensions, and other disciplinary measures;
(e) Probation, provided that the board may not require an initial probationary period in excess of six (6) months except as provided in subsection (4)(e) of this section and KRS § 18A.005;
(f) Promotion;
(g) Reinstatement; (h) Transfer; and
(i) Employee grievances and complaints.
(2) (a) These administrative regulations shall comply with the provisions of this chapter and KRS Chapter 13A, and shall have the force and effect of law, when approved by the board, after compliance with the provisions of KRS Chapters 13A and 18A and the procedures adopted thereunder;
(b) Administrative regulations promulgated by the board shall not expand or restrict rights granted to, or duties imposed upon, employees and administrative bodies by the provisions of this chapter; and
(c) No administrative body, other than the personnel board, shall promulgate administrative regulations governing the subject matters specified in this section.
(3) Prior to filing an administrative regulation with the Legislative Research Commission, the board shall submit the administrative regulation to the secretary for review:
(a) The secretary shall review the administrative regulation proposed by the board not more than twenty (20) days after its submission to him or her;
(b) Not more than five (5) days after his review, the secretary shall submit his or her recommendations in writing to the board;
(c) The board shall review the recommendations of the secretary and may revise the proposed administrative regulation as it deems necessary; and
(d) After the board has completed the review provided for in this section, it may file the proposed administrative regulation with the Legislative Research Commission pursuant to the provisions of KRS Chapter 13A.
(4) These administrative regulations shall provide:
(a) For the procedures to be utilized by the board in the conduct of hearings by the board, consistent with the provisions of KRS Chapter 13B;
(b) For reduction in rank or grade as provided by this chapter; (c) For discharge, as provided by this section;
(d) For imposition, as disciplinary measures, of a fine of not more than ten (10) working days’ pay, or for suspension from the service without pay for no longer than thirty (30) working days and, in accordance with the provisions of KRS § 18A.095, for the manner of notification of the employee of the discipline and his or her right of appeal;
(e) No probationary period may exceed twelve (12) months, except as provided in KRS § 18A.005. The secretary may recommend an initial probationary period in excess of six (6) months for specific job classifications to the board. This recommendation shall take the form of a proposed administrative regulation that shall be submitted to the board for approval. The subject of the administrative regulation shall be limited to job classifications for which an initial probationary period in excess of six (6) months is required and shall specify:
1. The job classification for which an initial probationary period in excess of six (6) months is required; and
2. The specific number of months constituting the initial probationary period for the job classification. No other administrative regulation shall include any provision prescribing an initial probationary period in excess of six (6) months, except as provided in KRS § 18A.005. Upon approval by the board of the proposed administrative regulation provided for in this paragraph, the board shall file the regulation with the Legislative Research Commission as provided by KRS Chapter 13A;
(f) For promotions which shall give appropriate consideration to the applicant’s qualifications, record of performance, conduct, and seniority. Except as provided by this chapter, vacancies shall be filled by promotion whenever practicable and in the best interest of the service;
(g) For reemployment of laid-off employees in accordance with the provisions of this chapter;
(h) For transfer from a position in one (1) department to a similar position in another department involving similar qualifications, duties, responsibilities, and salary ranges as provided by the provisions of KRS § 18A.113;
(i) For establishment of a plan for resolving employee grievances and complaints. This plan shall not restrict rights granted employees by the provisions of this chapter;
(j) For promotion of career employees to positions in the unclassified service without loss of status to the individual employees so promoted, as provided by this chapter; and
(k) For any other administrative regulations not inconsistent with this chapter and
KRS Chapter 13A as may be proper and necessary for its enforcement.
Effective: June 29, 2023
History: Amended 2023 Ky. Acts ch. 35, sec. 10, effective June 29, 2023. — Amended
2000 Ky. Acts ch. 91, sec. 2, effective July 14, 2000. — Amended 1998 Ky. Acts ch.
154, sec. 22, effective July 15, 1998. — Amended 1996 Ky. Acts ch. 318, sec. 20, effective July 15, 1996. — Amended 1988 Ky. Acts ch. 203, sec. 2, effective July 25,
1988. — Created 1986 Ky. Acts ch. 494, sec. 14, effective July 15, 1986.
2022-2024 Budget Reference. See State/Executive Branch Budget, 2022 Ky. Acts ch.
199, Pt. I, C, 2, (1) at 1658.
(a) Appeals by state employees; (b) Demotion;
Terms Used In Kentucky Statutes 18A.0751
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Board: means the Personnel Board created by KRS §. See Kentucky Statutes 18A.005
- branch budget: means an enactment by the General Assembly which provides appropriations and establishes fiscal policies and conditions for the biennial financial plan for the judicial branch, the legislative branch, and the executive branch, which shall include a separate budget bill for the Transportation Cabinet. See Kentucky Statutes 446.010
- Classified service: includes all the employment subject to the terms of this chapter except for those positions expressly cited in KRS §. See Kentucky Statutes 18A.005
- Demotion: means a change in the rank of an employee from a position in one (1) class to a position in another class having a lower minimum salary range and less discretion or responsibility. See Kentucky Statutes 18A.005
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Employee: means a person regularly appointed to a position in the state service for which he or she is compensated on a full-time, part-time, or interim basis. See Kentucky Statutes 18A.005
- Position: means an office or employment in an agency (whether part-time, full- time, or interim, occupied, or vacant) involving duties requiring the services of one (1) person. See Kentucky Statutes 18A.005
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Promotion: means a change of rank of an employee from a position in one (1) class to a position in another class having a higher minimum salary or carrying a greater scope of discretion or responsibility. See Kentucky Statutes 18A.005
- Reemployment: shall mean the rehiring of an employee with status who has been laid off. See Kentucky Statutes 18A.005
- Secretary: means the secretary of the Personnel Cabinet as provided for in KRS
18A. See Kentucky Statutes 18A.005 - Seniority: means the total number of months of state service. See Kentucky Statutes 18A.005
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Status: means the acquisition of tenure with all rights and privileges granted by the provisions of this chapter after satisfactory completion of the initial probationary period by an employee in the classified service. See Kentucky Statutes 18A.005
- Transfer: means a movement of any employee from one (1) position to another of the same grade having the same salary ranges, the same level of responsibility within the classified service, and the same salary received immediately prior to transfer. See Kentucky Statutes 18A.005
(c) Dismissal;
(d) Fines, suspensions, and other disciplinary measures;
(e) Probation, provided that the board may not require an initial probationary period in excess of six (6) months except as provided in subsection (4)(e) of this section and KRS § 18A.005;
(f) Promotion;
(g) Reinstatement; (h) Transfer; and
(i) Employee grievances and complaints.
(2) (a) These administrative regulations shall comply with the provisions of this chapter and KRS Chapter 13A, and shall have the force and effect of law, when approved by the board, after compliance with the provisions of KRS Chapters 13A and 18A and the procedures adopted thereunder;
(b) Administrative regulations promulgated by the board shall not expand or restrict rights granted to, or duties imposed upon, employees and administrative bodies by the provisions of this chapter; and
(c) No administrative body, other than the personnel board, shall promulgate administrative regulations governing the subject matters specified in this section.
(3) Prior to filing an administrative regulation with the Legislative Research Commission, the board shall submit the administrative regulation to the secretary for review:
(a) The secretary shall review the administrative regulation proposed by the board not more than twenty (20) days after its submission to him or her;
(b) Not more than five (5) days after his review, the secretary shall submit his or her recommendations in writing to the board;
(c) The board shall review the recommendations of the secretary and may revise the proposed administrative regulation as it deems necessary; and
(d) After the board has completed the review provided for in this section, it may file the proposed administrative regulation with the Legislative Research Commission pursuant to the provisions of KRS Chapter 13A.
(4) These administrative regulations shall provide:
(a) For the procedures to be utilized by the board in the conduct of hearings by the board, consistent with the provisions of KRS Chapter 13B;
(b) For reduction in rank or grade as provided by this chapter; (c) For discharge, as provided by this section;
(d) For imposition, as disciplinary measures, of a fine of not more than ten (10) working days’ pay, or for suspension from the service without pay for no longer than thirty (30) working days and, in accordance with the provisions of KRS § 18A.095, for the manner of notification of the employee of the discipline and his or her right of appeal;
(e) No probationary period may exceed twelve (12) months, except as provided in KRS § 18A.005. The secretary may recommend an initial probationary period in excess of six (6) months for specific job classifications to the board. This recommendation shall take the form of a proposed administrative regulation that shall be submitted to the board for approval. The subject of the administrative regulation shall be limited to job classifications for which an initial probationary period in excess of six (6) months is required and shall specify:
1. The job classification for which an initial probationary period in excess of six (6) months is required; and
2. The specific number of months constituting the initial probationary period for the job classification. No other administrative regulation shall include any provision prescribing an initial probationary period in excess of six (6) months, except as provided in KRS § 18A.005. Upon approval by the board of the proposed administrative regulation provided for in this paragraph, the board shall file the regulation with the Legislative Research Commission as provided by KRS Chapter 13A;
(f) For promotions which shall give appropriate consideration to the applicant’s qualifications, record of performance, conduct, and seniority. Except as provided by this chapter, vacancies shall be filled by promotion whenever practicable and in the best interest of the service;
(g) For reemployment of laid-off employees in accordance with the provisions of this chapter;
(h) For transfer from a position in one (1) department to a similar position in another department involving similar qualifications, duties, responsibilities, and salary ranges as provided by the provisions of KRS § 18A.113;
(i) For establishment of a plan for resolving employee grievances and complaints. This plan shall not restrict rights granted employees by the provisions of this chapter;
(j) For promotion of career employees to positions in the unclassified service without loss of status to the individual employees so promoted, as provided by this chapter; and
(k) For any other administrative regulations not inconsistent with this chapter and
KRS Chapter 13A as may be proper and necessary for its enforcement.
Effective: June 29, 2023
History: Amended 2023 Ky. Acts ch. 35, sec. 10, effective June 29, 2023. — Amended
2000 Ky. Acts ch. 91, sec. 2, effective July 14, 2000. — Amended 1998 Ky. Acts ch.
154, sec. 22, effective July 15, 1998. — Amended 1996 Ky. Acts ch. 318, sec. 20, effective July 15, 1996. — Amended 1988 Ky. Acts ch. 203, sec. 2, effective July 25,
1988. — Created 1986 Ky. Acts ch. 494, sec. 14, effective July 15, 1986.
2022-2024 Budget Reference. See State/Executive Branch Budget, 2022 Ky. Acts ch.
199, Pt. I, C, 2, (1) at 1658.