Current through Register Vol. XLI, No. 38, September 20, 2024
10.1. Method of Making Promotions.
10.1.1. In filling vacancies, the Tax
Commissioner shall make an effort to achieve a balance between promotion from
within the classified service and the introduction into the classified service
of qualified new employees. Whenever practical and in the best interest of the
Tax Division, the Tax Commissioner may fill a vacancy by promotion, after
consideration of the eligible permanent employees in the Tax Division or in the
classified service based on demonstrated capacity and quality and length of
service.
10.1.2. The Tax
Commissioner will make the determination whether a candidate for promotion
possesses the qualifications for the position as set forth in the
specifications for the class of position for which he or she is a candidate,
and the Tax Commissioner may require the candidate to qualify for the new
position by a promotional competitive or non-competitive examination
administered by the Director.
10.2. Promotion by Competitive Examination.
10.2.1. If it is determined by the Tax
Commissioner to fill vacancies in a particular class of position by promotion
by competitive examination, the examination shall be given under the direction
of the Director. To be eligible for promotion, an employee must, at the time
the promotion is effective, have permanent status and must meet the minimum
qualifications as to training and experience for the class of position as
determined by the Tax Commissioner.
10.2.2. The Director shall place the names of
all employees who apply on a promotional register for the class of position in
order of their examination ratings.
10.2.3. If a promotional and an original
register exist, the Director shall certify the same number of names from each
register in accordance with Section 8 of this rule. The Tax Commissioner may
make his or her selection from the names submitted from either
register.
10.3.
Promotion by Noncompetitive Examination. -- If it is determined by the Tax
Commissioner to fill a vacancy by a non-competitive promotional examination, an
employee proposed for promotion shall be examined in accordance with subsection
10.2 of this rule by the Tax Commissioner to determine if he or she meets the
minimum qualification as to training and experience for the class of
position.
10.4. Demotions. -- The
Tax Commissioner may demote an employee with or without prejudice and may
demote a probationary employee. The Tax Commissioner shall file the reasons for
the demotion and the reply, if any with the Director. Prior to the effective
date of the demotion, the Tax Commissioner shall:
10.4.1. Meet with the employee in a
predetermination conference and advise the employee of the contemplated
demotion, if the conference is not required when the demotion is requested by
the employee, voluntarily and without duress, such as to accept a posted
position for which the employee has applied;
10.4.2. Give the employee oral notice
confirmed in writing within three (3) working days, or written notice of the
specific reason or reasons for the demotion; and
10.4.3. Give the employee a minimum of
fifteen (15) days' notice of the demotion to allow the employee a reasonable
time to reply to the demotion in writing, or upon request to appear personally
and reply to the Tax Commissioner. Provided, that the fifteen (15) days' notice
is not required when the demotion is requested by the employee, voluntarily and
without duress, such as to accept a posted position for which the employee has
applied.
10.5. Lateral
Class Change. -- The Tax Commissioner may move a permanent employee from a
position in one class to a vacant position in another class in the same
compensation range if the employee is found by the Tax Commissioner to qualify
for the vacant position.
10.6
Transfers.
10.6.1. Subject to the posting
requirements provided in subsection 9.4. of this rule, the Tax Commissioner may
transfer a permanent employee from a position in one organizational subdivision
of the Tax Division to a position in another organizational subdivision of the
same or another agency at any time. In the case of inter-agency transfers, the
Tax Commissioner shall transfer all hours of accumulated annual and sick leave
and all service credit with the employee. Transfer within the classified
service, without a break in service, shall not be considered a
resignation.
10.6.2. The Tax
Commissioner shall report all inter and intra-agency transfers within a class
to the Director on appropriate forms at the time of the transfer. The Director
shall approve transfers to comparable classes prior to the transfers and shall
require that the employee meet the minimum qualifications of the new
classes.
