KRS 18A.175: Evaluation of duties of division directors or heads -- Procedure when

duties have become policy making.

The responsible departmental, board, commission or agency head shall periodically

evaluate the duties of those division directors or heads pla ced 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 dutie s 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 th e 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.