Section 1120-03-.05 - POSITION CLASSIFICATION ACTIONS(1) If an Appointing Authority makes a significant or permanent change to the duties, authority, and/or responsibilities assigned to a position, the Appointing Authority shall notify the Commissioner so that the Commissioner can determine if a position reclassification is necessary. If no appropriate classification exists, the Commissioner may establish a new classification.(2) If a change in assigned duties, authority, and responsibilities results in reclassification of the position, the employee in the position shall be certified as an applicant in a pool of candidates and meet all requirements for an original appointment, reappointment, promotion, mismatch, reclassification, or demotion. If ineligible to continue in the position, the employee shall be transferred, reclassified or separated by appropriate action in accordance with the provisions of these Rules and the Act.(3) The Commissioner may make changes to the classification plan as necessary to reflect changes to the duties, authority, or responsibilities of a job classification. If a preferred service classification is changed due to a modification in the structure of the classification plan, positions are reclassified. Employees who have become Preferred Service Employees in the reallocated positions may continue in those positions without further assessment or certification. Those employees who are not Preferred Service Employees shall meet the minimum qualifications of the new classification and shall appear on a referred pool of candidates.(4) A position in the preferred service shall not be considered to have been abolished if the same or essentially similar duties, as determined by the Commissioner, are incorporated in a new position in the same agency within one (1) year after the effective date of the layoff that resulted in the position abolishment. Any Preferred Service Employee so affected by the abolishment of the position shall be offered the newly established position upon application. The newly established position to which the employee returns shall not be placed in the executive service but shall remain in the preferred service.Tenn. Comp. R. & Regs. 1120-03-.05
(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 May 17, 2019; effective August 15, 2019. Amendments filed January 18, 2023; effective 4/18/2023.Authority: T.C.A. §§ 8-30-104, 8-30-202, and 8-30-205.