Section 1120-02-.09 - APPOINTMENTS(1) Regular Appointment. A regular appointment is an appointment to either a preferred, non-preferred or executive service position for an indeterminate period of time. A regular appointment is expected to continue contingent upon satisfactory performance and conduct by the employee and upon continued funding, classification and utilization of the position by the State. In the executive service, a regular appointment is at-will and continues at the pleasure of the Appointing Authority.(2) Emergency Appointment. An emergency appointment is an appointment to a full-time preferred service position for a period of service not to exceed one hundred twenty (120) days and may be made when conditions exist that necessitate an immediate short-term appointment. An emergency appointment may not be renewed, and no person may receive more than one (1) emergency appointment in a twelve (12) month period. Emergency appointments do not require the use of pools of candidates; however, emergency appointees shall meet the minimum qualifications for the class of positions appointed. Time served in an emergency appointment does not constitute creditable service for sick and annual leave accrual or service credit except for the purpose of longevity payments. Emergency appointments are not eligible for participation in the state insurance plan, but may be eligible for participation in the Tennessee Consolidated Retirement System (TCRS) as outlined in TCRS rules and policies.(3) Interim Appointment. Based on written justification submitted by an Appointing Authority, the Commissioner may approve an interim appointment for a period not to exceed one (1) year. Based on written justification submitted by an Appointing Authority, the Commissioner may approve an extension, up to one (1) year, if the Commissioner determines that such an extension is in the best interest of the State. To be eligible for an interim appointment, the employee shall meet the minimum qualifications for the job classification to which the employee is appointed. If the interim appointment is made using a referred pool of candidates, the Appointing Authority may grant the employee a regular appointment in the position using the referred pool from which the interim appointment was made. Interim employees accrue leave under T.C.A. §§ 8-50-101, et seq. Interim employees are not considered to be in the preferred service.
(4) Seasonal Appointment. Seasonal appointments do not require the use of pools of candidates. Seasonal employees are not considered to be in the preferred service.(5) Temporary Appointment. A temporary appointment is the appointment of a person to a preferred service position for a temporary period until an appropriate pool of candidates has been established. The term of a temporary appointment shall not to exceed six (6) months. Temporary employees accrue leave under T.C.A. §§ 8-50-101, et seq. Temporary employees are not considered to be in the preferred service.(6) Limited Term Appointment. The governor, the governor's cabinet, and members of boards, commissions, agencies and authorities receive limited term appointments pursuant to statute. Limited term appointments do not require the use of pools of candidates and are classified as executive service. Limited term appointments do not accrue sick or annual leave.(7) Temporary Employment of Retired State Employees. Retired State employees may temporarily return under certain conditions as outlined in the temporary employment form obtained from the Retirement Division of the Treasury Department. The retired employee may accept employment with a covered employer for up to one hundred twenty (120) days during a twelve (12) month period. These employees accrue leave under T.C.A. §§ 8-50-101, et seq., but are not considered to be in the preferred service.(8) Appointments to Positions with Specified Progression Requirements. To fill the vacancy of a position with specified progression requirements, the Appointing Authority shall request from the Commissioner a referred pool of candidates for the entry/trainee level, intermediate/working level, or advanced working level classification. Any applicant appointed to a position from the referred pool of candidates shall serve a period of probationary employment as prescribed by the Commissioner for the classification. During the last month of the probationary period, the Appointing Authority shall certify to the Commissioner whether the employee has successfully completed the period of probationary employment and should, therefore, become a Preferred Service Employee in the position in the approved level classification without further assessment or certification. The employee shall be removed from the position if the probationary period is not successfully completed. Such notification should be made in the same manner as prescribed for any other period of probationary employment.Tenn. Comp. R. & Regs. 1120-02-.09
(For history prior to January 2, 1988, see pages 1-2 of the Introduction at the beginning of the chapters.) Repeal and new rule filed November 18, 1987; effective January 2, 1988. Repeal and new rule filed December 14, 2010; effective May 31, 2011. Repeal and new rule filed July 5, 2012; effective October 3, 2012. Amendments filed February 7, 2017; effective May 8, 2017. Amendments filed May 17, 2019; effective August 15, 2019. Rule was previously numbered 1120-02-.11 but was renumbered 1120-02-.09 with the deletion of original rules 1120-02-.04 and 1120-02-.09 filed January 18, 2023; effective 4/18/2023. Amendments filed January 18, 2023; effective 4/18/2023.Authority: T.C.A. §§ 8-30-104, 8-30-105, 8-30-201, 8-30-202, 8-30-305, 8-30-308, 8-30-309, and 8-30-310.