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18A.175 Evaluation of duties of division directors or heads -- Procedure when duties have become policy making.

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18A.175 Evaluation of duties of division directors or heads -- Procedure when duties have become policy making. The responsible departmental, board, commission or agency head shall periodically
evaluate the duties of those division directors or heads placed under the classified service
pursuant to the provisions of KRS 18A.170, and shall determine whether the duties of
such directors or heads have become policy making in their nature. If it is determined
that the duties of such directors and heads are policy making, the responsible agency head
shall certify that fact to the board. At the time of certification, notice thereof shall be
given to the interested division director or head in a form of a copy of the statement
certifying the policy making duties of his office. The board may conduct such hearings as
it may deem necessary, and shall conduct hearings pursuant to the administrative
provisions of KRS 18A.095 in the event of a difference of opinion between the certifying
officer and the interested division director or head, before entering its findings of fact and
an order either removing the position from the classified service or retaining it within the
classified service. Either the certifying officer or the division director or head may appeal
the findings of fact and the final order of the board by initiating action in the Franklin
Circuit Court pursuant to the provisions of KRS Chapter 418. Effective: July 15, 1982
History: Repealed, reenacted, and amended as KRS 18A.175, 1982 Ky. Acts ch. 448, sec. 35, effective July 15, 1982. -- Created 1976 Ky. Acts ch. 6, sec. 3, effective
March 3, 1976. Formerly codified as KRS 18.155.

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