Kentucky Statutes 18A.175 – Evaluation of duties of division directors or heads — Procedure when duties have become policy making
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The responsible departmental, board, commission or agency head shall periodically evaluate the duties of those division directors or heads placed under the classified service pursuant to the provisions of KRS § 18A.170, and shall determine whether the duties of such directors or heads have become policy making in their nature. If it is determined that the duties of such directors and heads are policy making, the responsible agency head shall certify that fact to the board. At the time of certification, notice thereof shall be given to the interested division director or head in a form of a copy of the statement certifying the policy making duties of his office. The board may conduct such hearings as it may deem necessary, and shall conduct hearings pursuant to the administrative provisions of KRS § 18A.095 in the event of a difference of opinion between the certifying officer and the interested division director or head, before entering its findings of fact and an order either removing the position from the classified service or retaining it within the classified service. Either the certifying officer or the division director or head may appeal the findings of fact and the final order of the board by initiating action in the Franklin Circuit Court pursuant to the provisions of KRS Chapter 418.
Effective: July 15, 1982
History: Repealed, reenacted, and amended as KRS § 18A.175, 1982 Ky. Acts ch. 448, sec. 35, effective July 15, 1982. — Created 1976 Ky. Acts ch. 6, sec. 3, effective March 3, 1976.
Formerly codified as KRS § 18.150.
2022-2024 Budget Reference. See State/Executive Branch Budget, 2022 Ky. Acts ch.
199, Pt. I, C, 2, (1) at 1658.
Effective: July 15, 1982
Terms Used In Kentucky Statutes 18A.175
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Board: means the Personnel Board created by KRS §. See Kentucky Statutes 18A.005
- branch budget: means an enactment by the General Assembly which provides appropriations and establishes fiscal policies and conditions for the biennial financial plan for the judicial branch, the legislative branch, and the executive branch, which shall include a separate budget bill for the Transportation Cabinet. See Kentucky Statutes 446.010
- Classified service: includes all the employment subject to the terms of this chapter except for those positions expressly cited in KRS §. See Kentucky Statutes 18A.005
- Directors: when applied to corporations, includes managers or trustees. See Kentucky Statutes 446.010
- Position: means an office or employment in an agency (whether part-time, full- time, or interim, occupied, or vacant) involving duties requiring the services of one (1) person. See Kentucky Statutes 18A.005
History: Repealed, reenacted, and amended as KRS § 18A.175, 1982 Ky. Acts ch. 448, sec. 35, effective July 15, 1982. — Created 1976 Ky. Acts ch. 6, sec. 3, effective March 3, 1976.
Formerly codified as KRS § 18.150.
2022-2024 Budget Reference. See State/Executive Branch Budget, 2022 Ky. Acts ch.
199, Pt. I, C, 2, (1) at 1658.