Section 39.25.120. Partially exempt service.

   (a) Positions in the partially exempt service are included in the position classification plan established under this chapter and are compensated according to the pay plan under AS 39.27.011.
   (b) A person holding a position in the partially exempt service is not required to complete an assessment and is not eligible for a hearing by the personnel board in case of dismissal, demotion, or suspension. Positions in the partially exempt service are specifically exempt from the rules established under AS 39.25.150(3) - (10), (12), (13), and (16).
   (c) The following positions in the state service constitute the partially exempt service:
        (1) deputy and assistant commissioners of the principal departments of the executive branch, including the assistant adjutant general of the Department of Military and Veterans' Affairs;
        (2) the directors of the major divisions of the principal departments of the executive branch and the regional directors of the Department of Transportation and Public Facilities;
        (3) attorney members of the staff of the Department of Law, of the public defender agency, and of the office of public advocacy in the Department of Administration;
        (4) one private secretary for each head of a principal department in the executive branch;
        (5) employees of councils, boards, or commissions established by statute in the Office of the Governor or the office of the lieutenant governor, unless a different classification is provided by statute;
        (6) not more than two special assistants to the commissioner of each of the principal departments of the executive branch, but the number may be increased if the partially exempt service is extended under AS 39.25.130 to include the additional special assistants;
        (7) the principal executive officer of the following boards, councils, or commissions:
             (A) Alaska Public Broadcasting Commission;
             (B) Professional Teaching Practices Commission;
             (C) Parole Board;
             (D) Board of Nursing;
             (E) Real Estate Commission;
             (F) Alaska Royalty Oil and Gas Development Advisory Board;
             (G) Alaska State Council on the Arts;
             (H) Alaska Police Standards Council;
             (I) Alaska Commission on Aging;
             (J) Alaska Mental Health Board;
             (K) State Medical Board;
             (L) Governor's Council on Disabilities and Special Education;
             (M) Advisory Board on Alcoholism and Drug Abuse;
             (N) Statewide Suicide Prevention Council;
             (O) State Board of Registration for Architects, Engineers, and Land Surveyors;
             (P) Alaska Health Care Commission;
        (8) Alaska Pioneers' Home and Alaska Veterans' Home managers;
        (9) hearing examiners in the Department of Revenue;
        (10) the comptroller in the division of treasury, Department of Revenue;
        (11) airport managers in the Department of Transportation and Public Facilities employed at the Anchorage and Fairbanks International Airports;
        (12) the deputy director of the division of insurance in the Department of Commerce, Community, and Economic Development;
        (13) the executive director and staff of the Alaska Public Offices Commission;
        (14) the rehabilitation administrator of the division of workers' compensation;
        (15) guards employed by the Department of Public Safety for emergencies;
        (16) marine pilot coordinator of the Board of Marine Pilots;
        (17) guards employed by the Department of Corrections, other than in state correctional facilities, to carry out the responsibility of the commissioner of corrections under AS 33.30.071(b);
        (18) hearing officers and administrative law judges of the Regulatory Commission of Alaska;
        (19) the compact administrator appointed under AS 33.36.130;
        (20) the chief administrative law judge and administrative law judges of the office of administrative hearings;
        (21) the executive secretary of the Board of Public Accountancy.

Authorities

8.48.055; 8.62.050; 8.64.103;23.30.041;42.04.050;44.21.420;44.64.040

Notes

Recent Bills that will modify this

HB 362 TRANSFER DUTIES: COMMERCE TO REVENUE
HB 368 RIP PUBLIC EMPLOYEES & TEACHERS/E-REPORTS
SB 115 PUBLIC INTEGRITY COMMISSION OF ALASKA

Implemented As

13 AAC 62.020

References

11 AAC 99.990
13 AAC 62.020
2 AAC 07.999
AS 8.48.055 .055">Sec. 08.48.055. Executive Secretary of the Board; Investigator.
AS 8.62.050 .050">Sec. 08.62.050. Marine pilot coordinator.
AS 8.64.103 .103">Sec. 08.64.103. Investigator; executive secretary.
AS 23.30.041 Rehabilitation and reemployment of injured workers.
AS 42.04.050 Employment of commission personnel.
AS 44.21.420 Employment of office personnel.
AS 44.64.040 Administrative law judges.

History

(Sec. 6 ch 144 SLA 1960; am Sec. 2 ch 48 SLA 1961; am Sec. 2 ch 133 SLA 1961; am Sec. 4 ch 5 SLA 1966; am Sec. 3 ch 104 SLA 1969; am Sec. 2 ch 109 SLA 1969; am Sec. 4 ch 78 SLA 1971; am Sec. 9 ch 47 SLA 1974; am Sec. 4 ch 82 SLA 1975; am Sec. 10 ch 207 SLA 1975; am Sec. 2 ch 157 SLA 1976; am Sec. 19 ch 263 SLA 1976; am E.O. No. 39 Sec. 6 (1977); am Sec. 1 ch 103 SLA 1978; am Sec. 2 ch 108 SLA 1978; am E.O. No. 41 Sec. 3 (1980); am E.O. No. 42 Sec. 3, 4 (1980); am E.O. No. 43 Sec. 4 (1980); am E.O. No. 44 Sec. 5 (1980); am E.O. No. 45 Sec. 3 (1980); am E.O. No. 46 Sec. 4 (1980); am Sec. 18 ch 115 SLA 1980; am Sec. 3 ch 79 SLA 1981; am Sec. 4 ch 110 SLA 1981; am E.O. No. 48 Sec. 3 (1981); am Sec. 4 ch 50 SLA 1982; am Sec. 26 ch 93 SLA 1982; am Sec. 8 ch 112 SLA 1982; am 1983 Initiative Proposal No. 2, Sec. 6; am Sec. 106 ch 6 SLA 1984; am Sec. 15 ch 55 SLA 1984; am Sec. 2 ch 103 SLA 1984; am E.O. No. 58 Sec. 18 (1984); am Sec. 59 ch 21 SLA 1985; am Sec. 54 ch 37 SLA 1986; am Sec. 2 ch 84 SLA 1986; am Sec. 5 ch 48 SLA 1987; am Sec. 12 ch 98 SLA 1988; am Sec. 1 ch 107 SLA 1988; am Sec. 33 ch 141 SLA 1988; am E.O. No. 69 Sec. 22 (1988); am E.O. No. 79 Sec. 2 (1991); am Sec. 13 ch 66 SLA 1991; am Sec. 28 ch 89 SLA 1991; am Sec. 21 ch 6 SLA 1993; am E.O. No. 83 Sec. 20 (1993); am Sec. 18 ch 5 FSSLA 1994; am Sec. 3 ch 92 SLA 1995; am Sec. 43 ch 30 SLA 1996; am E.O. No. 94 Sec. 2 (1996); am Sec. 4, 24 ch 25 SLA 1999; am Sec. 43, 84 ch 58 SLA 1999; am Sec. 2 ch 111 SLA 2000; am Sec. 1 ch 84 SLA 2001; am Sec. 3 ch 27 SLA 2002; am Sec. 4 ch 61 SLA 2002; am Sec. 10 ch 59 SLA 2004; am Sec. 4 ch 66 SLA 2004; am Sec. 58 ch 163 SLA 2004; am Sec. 70 ch 10 FSSLA 2005; am Sec. 3 ch 96 SLA 2010; am Sec. 2 ch 9 SLA 2011)