(a)(1) If a position that is reallocated is filled on the date of reallocation by an employee with permanent or probationary status and if the incumbent wishes to remain in the position, the appointing authority shall, within the current pay period, appoint the incumbent to the class to which the position was reallocated.

1. (2) If the class specification for the reallocated position requires that the person appointed to any position in that class possess a special license or certificate and the incumbent does not possess such a license or certificate, the incumbent shall not be appointed to the class to which the position was reallocated. If the reallocation of any position to a class requires that the employee possess a special license or certificate and if the incumbent does not possess that license or certificate, the reallocation may be made only after the reallocation has been approved in writing by the director.

   1. (b) Except as provided in paragraph (a)(2), if the incumbent had permanent status at the time the position is reallocated, the appointing authority shall appoint the incumbent to the class to which the position was reallocated with permanent status, but may require the incumbent to serve a probationary period in accordance with the provisions of K.A.R. 1-7-4(b). Notice of the probationary period shall be given to the employee in writing.
   2. (c) If the reallocation of a position occupied by an employee with permanent status is to a lower class, the appointing authority shall give the employee a written statement of the reason the position is being reallocated to a lower class.
   3. (d) A reallocation shall not be retroactive unless authorized by the director, in writing, based on the director's determination that failure to do so would create a manifest injustice or undue hardship on the employee whose position is being reallocated. Each determination to authorize a retroactive reallocation shall be made by the director on a case-by-case basis. The length of time for which the reallocation will be retroactive shall be determined by the director.

   4. (e) If the incumbent was serving a probationary period in the former class, the time served on probation in the former class shall apply towards the probationary period in the new class. However, if the incumbent had permanent status, but was serving a probationary period as a result of a promotional appointment to the former class, the appointing authority may start the employee on a new probationary period. The new probationary period shall begin on the date of the appointment to the new class, and the length of the probationary period shall be the same as that provided for promotional appointments in K.A.R. 1-7-4(b).

      (f)(1) If the incumbent does not wish to remain in the position upon its reallocation, the incumbent shall submit a written notice to the appointing authority within 14 calendar days of the date on which the incumbent is given a written notice of the pending reallocation. If the incumbent does not submit a written notice within that 14-day period, the incumbent shall be presumed to desire to remain in the position as reallocated.

2. (2) If the incumbent has submitted the written notice as provided under paragraph (f)(1) or does not qualify for the position under paragraph (a)(2), the appointing authority shall take one of the following actions in accordance with these regulations:

   1. (A) Lay off the incumbent if the incumbent has permanent status;
   2. (B) terminate the incumbent if the incumbent has probationary status; or

   3. (C) appoint the incumbent to a different position on the basis of a promotion, transfer, or voluntary demotion.

      1. (g) Different qualifications may be established by the director for those positions in a class that are subject to federal laws and regulations.
      2. (h) This regulation shall be effective on and after June 5, 2005.

(Authorized by K.S.A. 75-2946 and K.S.A. 2004 Supp. 75-3747; implementing K.S.A. 75-2938, 75-2946, 75-3707, and 75-3746; effective May 1, 1979; amended May 1, 1981; amended May 1, 1983; amended May 1, 1984; amended Oct. 1, 1999; amended June 5, 2005.)