Ohio Administrative Code
Title 123:1 - Division of Human Resources
Chapter 123:1-25 - Transfers, Reinstatements, and Seasonal Positions
Section 123:1-25-01 - Transfers and intra-transfers in classified service

(A) Employees in the classified service of an agency of the state government who have satisfactorily completed their probationary period may be transferred to a position having the same rate of pay and similar duties in another agency of the state government upon request of the two appointing authorities concerned, with consent of the employee and approval of the director of administrative services. When supported by the business needs of the appointing authority of the agency to which the transfer is made, such transfer may be made without the approval of the appointing authority of the agency from which the transfer is made.

(B) Within an agency of the state , an employee in the classified service may be intra-transferred where the positions involved have the same classification title.

(C) Any of the types of transfer defined in this rule may be permanent or temporary. Temporary transfers of thirty days or less may be made without the consent of the employee. The employee has no right to appeal such temporary transfer unless the employee receives another temporary transfer within a six-month period.

(D) Temporary transfers for periods of more than thirty days and less than ninety-one days may be made only with written consent of the employee.

(E) A "permanent transfer" is any transfer in excess of thirty days unless the employee has consented to a longer period not exceeding ninety days.

(F) Employees who are the subject of a transfer will be provided a written notice of the transfer and the reasons for it at least fourteen calendar days prior to the effective date of the transfer except where an emergency renders it impractical. Requests for approval of all transfers will be submitted to and approved by the director of administrative services or the director's designee, and/or the civil service commission, as applicable. Each transfer action will state the circumstances that make the transfer necessary for the efficient operation of the agency. No permanent transfer is to take effect until approval is secured by the initiating appointing authority from the director of administrative services. The word "transfer" as used in this rule does not include any job reassignment within the same classificationand within the same appointing authority that takes place in and involves a move to a different job location in the same county.

(G) The following classes have been designated as those where changes in the location of the state agency's employee's work assignment are necessary based on the duties of the classification:

A person considered for appointment to a position in such classes will be informed of this policy in writing at the time of appointment or at the time of an examination. Those persons serving in such positions at the time of the adoption of this rule will be informed of this rule in writing. The director will approve such transfers without the submission of additional evidence. An employee serving in any of these classes will have no right of appeal under paragraph (K) of this rule, but will be given written notice of the transfer as provided in paragraph (F) of this rule. Transfers made under this paragraph will be considered temporary transfers as defined in paragraphs (C) and (D) of this rule and be subject to the same restrictions placed on other temporary transfers. In no case will transfers initiated under this paragraph be regarded as permanent.

(H) In the case of a request to transfer a state employee permanently, the director will approve the transfer only if it is determined to be necessary for the efficient operation of the work unit to which the employee would be transferred.

(I) In the case of a state employee's permanent transfer, where the director determines that there is a need for a permanent change of residence, the employee will be paid the actual and necessary expenses of moving to his or her new location. In addition, the employee will be paid the regular per diem rate for in-state travel as established by the office of budget and management until his or her residence can be moved to his new location, but for not more than thirty days. The employee will notify his or her appointing authority and the director of administrative services of his or her intent to move or not to move his or her place of residence within thirty days of receiving notification from the director of administrative services that a change of residence is necessary, unless an appeal is pending, and such move will be completed within six months. If the employee chooses not to move his or her residence but commutes to the new job location from his or her former residence, no payment of moving expenses and no per diem payment will be made. If the employee appeals the transfer, payment of moving expenses will be delayed until a decision is rendered by the state personnel board of review. The appointing authority will have the option of selecting or rejecting from among three or more moving estimates to relocate the employee, and may ask the employee to obtain additional estimates.

(J) During the period of a state employee's temporary transfer or during the first thirty days of a permanent transfer pending the relocation of the state employee's residence, the appointing authority will pay the state employee's travel expenses in accordance with the office of budget and management travel expense regulations in effect at the time of transfer.

(K) An employee who has been notified in writing that he or she is to be transferred may, within ten days of receipt of such notice, file an appeal with the personnel board of review. While the appeal of an employee is pending before the personnel board of review, the employee will have the obligation to comply with the transfer. In any case where the employee has relocated his or her residence pursuant to a permanent transfer and the rule of the board is that such transfer is not justified, the employee will be fully reimbursed for the cost of relocating, as well as the cost of returning his or her residence to the original location.