Section 39.25.195. Appointment of nonpermanent employees.

   (a) An individual may not be appointed as a nonpermanent employee in the state service without prior written approval of the director except as an emergency employee.
   (b) An appointment to state service, except an emergency appointment, shall be made from the list of applicants qualified for the position unless, in appropriate circumstances, the director has waived this requirement.
   (c) An appointment of a nonpermanent employee may not be made unless the request for authorization is approved by the director, adequate money is available for the anticipated duration of the appointment, and the director determines that the hiring department or agency has certified that
        (1) the legislature has appropriated money for the work in question knowing that it is to be performed by a nonpermanent employee;
        (2) there is an immediate need to fill an authorized, permanent position and it is impractical either to establish or recruit for the position within a reasonable time;
        (3) an immediate need exists and the director determines that the hiring department or agency could not reasonably have been expected to anticipate and meet that need through the creation of a permanent position; or
        (4) a program or project exists and the director determines that the need for employees can most appropriately be met through the use of program or project employees.
   (d) The director may not authorize the appointment of a nonpermanent employee if the director determines that
        (1) the need for the nonpermanent employee can practicably be met through establishing and filling an authorized permanent position;
        (2) the need for the nonpermanent employee would be more appropriately met through an emergency appointment; or
        (3) the need for the nonpermanent employee is not immediate and could reasonably have been anticipated and met by the appointing authority through the creation and filling of a permanent position.
   (e) A nonpermanent employee may not be placed on the state payroll unless the director has first approved the personnel action for the employee's appointment.
   (f) This section does not prevent the director from adopting regulations to provide for timely substitution for permanent employees on medical or personal leave or other situations in which the appointment of an emergency or permanent employee would be inappropriate or when delay in making a temporary replacement would cause serious disruption.
   (g) A department or agency may not use nonpermanent employees to perform a given work assignment for more than 120 calendar days in a 12-month period.  A department or agency may not employ any individual as a nonpermanent employee for more than 120 calendar days in a 12-month period.  In appropriate circumstances the director may authorize an extension of the limit imposed by this subsection if the director finds that there is an immediate need for the extension.  The limit imposed by this subsection does not apply to program or project employees or to substitutes appointed under (f) of this section.
   (h) A hiring department or agency shall certify to the director within 15 working days following the appointment its reasons for appointing an emergency employee.

Authorities

39.25.150;39.25.196;39.25.197;39.25.198;39.25.200;47.27.055

Notes

Implemented As

2 AAC 07.165
2 AAC 07.235
2 AAC 07.500

References

2 AAC 07.235
2 AAC 07.990
AS 39.25.150 Scope of the rules.
AS 39.25.196 Local hiring exception.
AS 39.25.197 Termination of nonpermanent employees.
AS 39.25.198 Civil liability.
AS 39.25.200 Definitions.
AS 47.27.055 Agency collaboration.

History

(Sec. 4 ch 67 SLA 1979; am Sec. 74 ch 21 SLA 1995; am Sec. 13 ch 6 SLA 1998; am Sec. 12, 13 ch 111 SLA 2000)