(a)(1) Upon the initiative of the director or the request of an incumbent or appointing authority, a position shall be reviewed whenever either of the following conditions is met:

1. (A) The organizational structure of an agency or the duties of a position are significantly changed.

2. (B) For any reason other than those specified in paragraph (a)(1)(A), a position appears to be allocated incorrectly.

   1. (2) After conferring with the appointing authority, the position under review may be reallocated by the director to a different class, or the existing allocation may be retained. During the review, other positions may be reviewed and reallocated as required.

      1. (b) Reallocation shall not be used for either of the following purposes:
   2. (1) To avoid the provisions of the regulations pertaining to layoffs, demotions, promotions, and dismissals; or

   3. (2) to increase or decrease the pay of an employee in circumvention of the regulations pertaining to pay.

      1. (c) Unless otherwise prescribed by the secretary of administration, an appointing authority who has been granted authority to allocate positions shall have authority to reallocate the same positions.
      2. (d) This regulation shall be effective on and after June 5, 2005.

(Authorized by K.S.A. 2004 Supp. 75-3747; implementing K.S.A. 75-2938 and 75-3746; effective May 1, 1979; amended May 1, 1981; amended Dec. 17, 1995; amended June 5, 2005.)