{"data":{"id":"us-ky/krs-18a.110","jurisdiction":"us-ky","citation":"KRS 18A.110","heading":"Personnel secretary -- Regulatory authority -- Resolution of conflicting","body":"provisions of law.\n(1) The secretary shall promulgate comprehensive administrative regulations for the\nclassified service governing:\n(a) Applications and examinations;\n(b) Certification and selection of eligibles;\n(c) Classification and compensation plans;\n(d) Incentive programs;\n(e) Layoffs;\n(f) Registers;\n(g) Types of appointments;\n(h) Attendance; hours of work; compensatory time; annual, court, military, sick,\nvoting, living organ donor, and special leaves of absence, provided that the\nsecretary shall not promulgate administrative regulations that would reduce\nthe rate at which employees may accumulate leave time below the rate\neffective on December 10, 1985; and\n(i) Employee evaluations.\n(2) The secretary shall promulgate comprehensive administrative regulations for the\nunclassified service.\n(3) (a) Except as provided by KRS 18A.355, the secretary shall not promulgate\nadministrative regulations that would reduce an employee's salary; and\n(b) As provided by KRS 18A.0751(4)(e), the secretary may submit a proposed\nadministrative regulation providing for an initial probationary period in excess\nof six (6) months to the board for its approval.\n(4) The secretary may promulgate administrative regulations to implement state\ngovernment's affirmative action plan under KRS 18A.138.\n(5) (a) The administrative regu lations shall comply with the provisions of this\nchapter and KRS Chapter 13A, and shall have the force and effect of law after\ncompliance with the provisions of KRS Chapters 13A and 18A and the\nprocedures adopted thereunder;\n(b) Administrative regulations promulgated by the secretary shall not expand or\nrestrict rights granted to, or duties imposed upon, employees and\nadministrative bodies by the provisions of this chapter; and\n(c) No administrative body other than the Personnel Cabinet shall promulgate\nadministrative regulations governing the subject matters specified in this\nsection.\n(6) Prior to filing an administrative regulation with the Legislative Research\nCommission, the secretary shall submit the administrative regulation to the board\nfor review.\n(a) The board shall review the administrative regulation proposed by the secretary\nnot less than twenty (20) days after its submission to it;\n(b) Not less than five (5) days after its review, the board shall submit its\nrecommendations in writing to the secretary;\n(c) The secretary shall review the recommendations of the board and may revise\nthe proposed administrative regulation if he or she deems it necessary; and\n(d) After the secretary has completed the review provided for in this section, he or\nshe may fi le the proposed administrative regulation with the Legislative\nResearch Commission pursuant to the provisions of KRS Chapter 13A.\n(7) The administrative regulations shall provide:\n(a) For the preparation, maintenance, and revision of a position classification plan\nfor all positions in the classified service, based upon similarity of duties\nperformed and responsibilities assumed, so that the same qualifications may\nreasonably be required for, and the same schedule of pay may be equitably\napplied to, all posi tions in the same class. The secretary shall allocate the\nposition of every employee in the classified service to one (1) of the classes in\nthe plan. The secretary shall reallocate existing positions, after consultation\nwith appointing authorities, when it  is determined that they are incorrectly\nallocated, and there has been no substantial change in duties from those in\neffect when such positions were last classified. The occupant of a position\nbeing reallocated shall continue to serve in the reallocated po sition with no\nreduction in salary;\n(b) For a pay plan for all employees in the classified service, after consultation\nwith appointing authorities and the state budget director. The plan shall take\ninto account such factors as:\n1. The relative levels of du ties and responsibilities of various classes of\npositions;\n2. Rates paid for comparable positions elsewhere taking into consideration\nthe effect of seniority on such rates; and\n3. The state's financial resources.\nAmendments to the pay plan shall be made i n the same manner. Each\nemployee shall be paid at one (1) of the rates set forth in the pay plan for the\nclass of position in which he or she is employed, provided that the full amount\nof the annual increment provided for by the provisions of KRS 18A.355, and\nthe full amount of an increment due to a promotion, salary adjustment,\nreclassification, or reallocation, shall be added to an employee's base salary or\nwages;\n(c) For the advertisement and acceptance of applications for at least five (5) days\nfor thos e positions to be filled by classified appointment or promotion. The\nsecretary may continue to receive applications and review applicants on a\ncontinuous basis long enough to ensure a sufficient number of applicants;\n(d) For the rejection of candidates or eligibles who fail to comply with reasonable\nrequirements of the secretary in regard to such factors as age, physical\ncondition, training, and experience, or who have attempted any deception or\nfraud in connection with an examination;\n(e) Except as provide d by this chapter, for the appointment of a person whose\nscore is included in the five (5) highest scores earned on the examination;\n(f) For annual, sick, and special leaves of absence, with or without pay, or\nreduced pay, after approval by the Governor as  provided by KRS\n18A.155(1)(d);\n(g) For layoffs, in accordance with the provisions of KRS 18A.113, by reasons of\nlack of work, abolishment of a position, a material change in duties or\norganization, or a lack of funds;\n(h) For the development and operation  of programs to improve the work\neffectiveness of employees in the state service, including training, whether in -\nservice or compensated educational leave, safety, health, welfare, counseling,\nrecreation, employee relations, and employee mobility without wr itten\nexamination;\n(i) For a uniform system of annual employee evaluation for classified employees,\nwith status, that shall be considered in determining eligibility for discretionary\nsalary advancements, promotions, and disciplinary actions. The administrative\nregulations shall:\n1. Require the s ecretary to determine the appropriate number of job\ncategories to be evaluated and a method for rating each category;\n2. Provide for periodic informal reviews during the evaluation period\nwhich shall be documented on the evaluation form and pertinent\ncomments by either the employee or supervisor may be included;\n3. Establish a procedure for internal dispute resolution with respect to the\nfinal evaluation rating;\n4. Permit a classified employee, with status, who receives either of the two\n(2) lowest possible  evaluation ratings to appeal to the Personnel Board\nfor review after exhausting the internal dispute resolution procedure.\nThe final evaluation shall not include supervisor comments on ratings\nother than the lowest two (2) ratings;\n5. Require that an empl oyee who receives the highest possible rating shall\nreceive the equivalent of two (2) workdays, not to exceed sixteen (16)\nhours, credited to his or her annual leave balance. An employee who\nreceives the second highest possible rating shall receive the equ ivalent\nof one (1) workday, not to exceed eight (8) hours, credited to his or her\nannual leave balance; and\n6. Require that an employee who receives the lowest possible evaluation\nrating shall either be demoted to a position commensurate with the\nemployee's skills and abilities or be terminated; and\n(j) For other administrative regulations not inconsistent with this chapter and\nKRS Chapter 13A, as may be proper and necessary for its enforcement.\n(8) For any individual hired or elected to office before Janua ry 1, 2015, and paid\nthrough the Kentucky Human Resources Information System, the Personnel\nCabinet shall not require payroll payments to be made by direct deposit or require\nthe individual to use a web-based program to access his or her salary statement.\n(9) To the extent that KRS 16.010 to 16.199, 16.080, and 16.584 and administrative\nregulations promulgated by the commissioner of the Department of Kentucky State\nPolice under authority granted in KRS Chapter 16 conflict with this section or any\nadministrative regulation promulgated by the secretary pursuant to authority\ngranted in this section, the provisions of KRS Chapter 16 shall prevail.","path":["KRS Chapter 18A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=53726","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:48:39Z","sha256":"e21a7e8acdba77d124f3076904b42dd0942529e4a6e6a0edbe3269dde92920a2","source_id":"us-ky","stale":false,"prev":"us-ky/krs-18a.105","next":"us-ky/krs-18a.111"},"notice":"GroundRules: Original legal text. Not legal advice."}