Ohio Administrative Code
Title 123:1 - Division of Human Resources
Chapter 123:1-3 - Position Audits and Changes to Classification Plan
Section 123:1-3-01 - Position audits
Current through all regulations passed and filed through September 16, 2024
(A) General. The director may initiate and make continuing audits, inspections, and investigations of the positions, offices, and employments subject to sections 124.14, 124.15, and 124.152 of the Revised Code. The director may initiate and make continuing audits, inspections and investigations of positions, offices, and employment in the classified service of the counties, where employees are paid under provisions other than section 124.15 or 124.152 of the Revised Code if the position to be audited is paid in whole or in part by the state, there is an appropriate contract between the department of administrative services and the county appointing authority pursuant to division (H) of section 124.14 of the Revised Code, or as otherwise allowed by statute. Any employee or any appointing authority desiring to submit facts for the director's consideration will be afforded reasonable opportunity to do so. When the director finds that improper classifications of positions exist, the director may reallocate any position to the appropriate classification as necessary.
(B) Audits requested by employees. A classified employee of a state agency or of a county office covered by this rule may request a review of the classification of their position, unless barred by law or a collective bargaining agreement.
(C) Audits requested by appointing authorities. An appointing authority may request the director to review any encumbered classified position within the appointing authority's agency for the purpose of determining whether the position is properly classified, unless otherwise barred by a collective bargaining agreement.
(D) Audit findings. The audit findings will be premised upon the information and statements provided. The information and statements submitted will be compared to the existing classification specifications. If the duties being performed are not consistent with the existing classification, the classification which most accurately describes the duties performed will be assigned to the position.
The duties being performed must satisfy the class concept or function statement at least twenty percent of the time unless another percentage has been stated in the class concept or function statement. Other factors, including the table of organization of an agency, may be used to determine the classification of a position and to distinguish among classifications.
(E) On-site audits. An on-site audit may be conducted in person or by video conference. At the time of an on-site audit, the employee, the employee's immediate supervisor, and other persons as deemed necessary by the director will be interviewed. It is the agency's responsibility to ensure that the requested parties are available for an on-site audit. If any party refuses to attend on-site audit interviews, the director will render a decision based on the information and documentation submitted.
(F) Examination of current duties. Position audits will examine the duties currently performed. The audit report reflects duties at the time of the audit and any change in duties if such has occurred since the date of the audit request. Duties performed while assigned in a temporary work level will not be considered for the purposes of a position audit.
(G) Cancellation of audit requests. Requests for audits will be deemed cancelled if:
(H) Implementation of audit findings. A position audit will be deemed completed when the director sends written notification of the results to the employee and the employee's appointing authority.
(I) Effective date. Whenever a position is reclassified by the director, the effective date of such change will be the first day of the pay period following DAS' receipt of the audit request.
(J) Submission of documents to implement classification change. The documents necessary to implement a classification change will be submitted by the appointing authority within thirty days after the notification of the determination, unless the employee or the appointing authority timely files a request for a hearing with the state personnel board of review as set forth in division (D)(2) of section 124.14 of the Revised Code.
(K) Appeal. The decision rendered by the director on positions in the classified service may be appealed to the state personnel board of review by the appointing authority or the employee. The appeal to the board shall be made according to the rules of the state personnel board of review.
(L) Audit findings of a lower classification. If the results of a position audit indicate that a position would be properly allocated to a classification with a lower pay range assignment than the classification currently assigned, the director will notify the appointing authority and the employee that the position will be reclassified pursuant to section 124.14 of the Revised Code.
(M) When position audits will not be performed. Position audits will not be performed on positions that are vacant or while the incumbent is assigned in a temporary work level, on a leave of absence, serving a probationary period, or is receiving disability leave benefits.
(N) Audits of positions of incumbents who are subject to layoff or displacement. Requests for audits of positions will not be processed if the position is classified in a classification that is designated for calculation of retention points for purposes of a layoff or position abolishment under the provisions of Chapter 123:1-41 of the Administrative Code. The date the lists of classifications are submitted to the director for verification of retention points will be the date the requests for position audits are suspended.
(O) Effective date of amended audit. If the results of a position audit are amended, a corrective notice for a reclassification of a position will be made and the effective date of the reclassification will be the date indicated in the original letter of notification.
(P) Positions to be audited no more than once a year. Requests for audits of a position, from either the incumbent or the appointing authority, may not be submitted more often than once a year. An employee may request only one audit of his or her position per year unless the employee provides, at the time of the request, documentation showing that the duties of his position have substantially changed since the date of the completion of the previous audit. The "one-year period" will be defined as one calendar year from the date of the original request for the most recent position audit.
(Q) Audits of positions in state-supported colleges and universities. The department of administrative services will not conduct audits of positions at state-supported colleges or universities. Employees of state-supported colleges or universities will submit requests for position audits in accordance with the policies and procedures of their respective institutions.
(R) Probationary period. An employee who has received a classification change pursuant to a position audit will not serve a new probationary period. The employee will continue to be a permanent employee in the classified service.
