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The Oregon Administrative Rules contain OARs filed through June 15, 2014
 
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DEPARTMENT OF ADMINISTRATIVE SERVICES,
CHIEF HUMAN RESOURCES OFFICE

 

DIVISION 10

GENERAL

105-010-0000

Definitions Applicable Generally to Personnel Rules and Policies

The following definitions apply to the Personnel Rules and Policies:

(1) "Administrator": Administrator of the Human Resource Services Division of the Department of Administrative Services.

(2) "Agency": Any department, division, independent board, council, bureau, institution or commission; all the positions of which are under the same appointing authority; a distinct entity for which a separate budget limitation or agency number is maintained.

(3) "Agency Head": An elected or appointed officer who has authority and responsibility for management and operation of a state agency and accountability for appropriate outcomes.

(4) "Allocation": Assignment of a position to a classification.

(5) "Announcement": A written notice of a recruitment which includes a description of duties, salary, entrance requirements, rating process, recruitment period and other pertinent information.

(6) "Appointing Authority": An agency head and any employee designated by the agency head as having power to make appointments to positions in the state service and take other personnel actions.

(7) "Appointment": The hiring of a person into a position in state service.

(8) "Certificate of Eligibles or Certificate": A list of candidates certified to a position.

(9) "Classification": A group of positions sufficiently alike in duties, authorities, and responsibilities for which similar qualifications and schedules of pay can be applied.

(10) "Classified Service": All positions in state service which are not listed in ORS 240.200, 240.205, or 240.212.

(11) "Comparability of the Value of Work": The value of the work measured by the needs of the employer and the knowledge, composite skill, effort, responsibility, and working conditions required in the performance of the work.

(12) "Crossfill": The appointment of an employee to a position in a different classification in the same salary range number.

(13) "Custodian": The custodian of division public records.

(14) "DAS": The Department of Administrative Services

(15) "Delegate": Authorization for agencies to assume responsibility for designated division functions.

(16) "Demotion": The voluntary or involuntary movement of an employee (except temporary employees) from a position in one classification to a position in another classification having a lower salary range number.

(17) "Department": The Department of Administrative Services.

(18) "Direct Appointment": An alternate appointment of an applicant made by the criteria in OAR 105-040-0050.

(19) "Director": The Director of the Department of Administrative Services.

(20) "Disabled Veteran": As defined in ORS 408.225(2).

(21) "Disposition Code": A standardized code assigned by an appointing authority or designee to an applicant on a Certificate. The code identifies the action taken and if their name is inactivated or removed from the List.

(22) "Division": The Human Resource Services Division of the Department of Administrative Services.

(23) "Doublefill": The filling of a position with two or more employees.

(24) "Executive Service": Part of the exempt or unclassified service as specified in HRSD State Policy 30.000.01, Position Management.

(25) "Exempt Service": Positions in state service which are listed in ORS 240.200.

(26) "Full-Time": A work schedule of normally 40 hours during the workweek or any average of 40 hours per week over the course of a monthly pay period.

(27) "Hay Method": The Hay Guide Chart-Profile Method of job evaluation.

(28) "HRSD": The Human Resource Services Division.

(29) "Initial Appointment": The initial appointment to a position in state service or the appointment of a former employee whose reemployment eligibility or layoff rights have expired.

(30) "Injured Worker": an employee who incurred an injury, while employed in a state executive branch agency, determined to be compensable under ORS Chapter 656, who has not exercised or waived reinstatement and reemployment rights under ORS 659A.043 and 659A.046.

(31) "Job Sharing Position": A full-time position identified as one that may be held by two or more employees working part time.

(32) "Layoff": Reduction in force due to lack of work, curtailment of funds, reorganization or but not for reasons specified in ORS 240.555.

(33) "Limited Competitive Appointment: An appointment to a non-competitive classification made by limiting the competition for appointment to economically disadvantaged person who meet the criteria outlined in OAR 105-040-0060.

(34) "Management Service": Positions in state service, not in the exempt or unclassified service, determined to be confidential, under ORS 243.650(6), or managerial, under 243.650(16), or supervisory, under ORS 243.650(23).

(35) "Minimum Qualifications": Minimum experience, training, knowledge, and skills necessary for admission to a test or for successful entry and performance in a classification or position.

(36) "OAR": Oregon Administrative Rule.

(37) "Official Representative": Any person designated or authorized by an employee to act on behalf of the employee in employment relations matters.

(38) "Part-Time": A work schedule less than full time.

(39) "Part-Time Employee": An employee who works less than full time.

(40) "Permanent Position": A full-time or part-time position that is normally expected to last indefinitely subject to availability of permanent funding.

(41) "PERS": Public Employees Retirement System.

(42) "Position": a group of duties, authorities, and responsibilities assigned to a position by an appointing authority.

(43) "Promotion": The movement of an employee (except temporary) from a position in one classification to a position in another classification having a higher salary range number.

(44) "Protected Classes": Those characteristics of people afforded protection under Title VII of the Civil Rights Act and other civil rights legislation.

(45) "Public Record": Any record containing information relating to the conduct of the public's business which is prepared, owned, used or retained by the Division or delegated agency.

(46) "Reclassification": A position and/or employee classification change based on assignment of significantly different duties with continuation of the same general knowledge and skill requirements. The change in duties usually occurs gradually over a period of time.

(47) "Recognized Service Date": The date reflecting an employee's time in state service, with appropriate adjustments, which is used to determine the employee's vacation accrual rate.

(48) "Recruitment": A process to solicit a pool of qualified applicants to fill current position vacancies or potential position vacancies.

(49) "Reemployment": the noncompetitive return of a former regular or trial service employee to state service, return from demotion, or return following downward reclassification. See OAR 105-040-0080.

(50) "Regular Status": Status accorded a management service or classified unrepresented employee upon successful completion of a designated trial service period.

(51) "Related List": A list for a comparable higher, lower, or equal classification containing names of applicants who have knowledge, skills, and abilities similar to those required for the vacant position and who have been tested in a manner that reasonably measures their ability to perform the duties of the vacant position.

(52) "Represented Position": A position currently represented by a labor union or other official representative.

(53) "Salary Range": A range of pay established for each classification, normally including a minimum rate, a maximum rate and intermediate rates.

(54) "Salary Range Number": The number, along with any alphabetical suffix characters, which identifies salary relationship among classifications within a compensation plan.

(55) "Skill Code": A code assigned to a special qualification for use in selective certification.

(56) "Substantial Disability": As referenced in ORS 240.306(3)

(57) "Termination": The involuntary separation of an employee from state service.

(58) "Test": Any method of giving a rating to a job applicant or of selecting from among the applicants on a certificate of eligibles.

(59) "Transfer": The lateral movement of an employee (except temporary) from one position to another position in the same classification or from a position in one classification to a position in another classification having the same salary range number.

(60) "Trial Service": a working test period during which an employee is required to demonstrate, by conduct and actual performance of duties, the qualifications and fitness for the position.

(61) "Unclassified Service": Positions in state service which are listed in ORS 240.205.

(62) "Underfill": Employment of a person in a classification lower than the established classification level of the position.

(63) "Unrepresented Position": A position eligible for official representation by a union or association, but for which representation has not been elected.

(64) "Veteran": As defined in ORS 408.225(1).

(65) "Veteran Preference Points": See ORS 408.230 and 408.235.

Stat. Auth.:
Stats. Implemented:
Hist.: PD 7-1981, f. & ef. 12-18-81; PD 2-1989, f. & cert. ef. 12-1-89; PD 1-1992(Temp), f. & cert. ef. 2-14-92; PD 4-1992, f. & cert. ef. 8-12-92; HRSD 10-2003, f. 6-11-03, cert. ef. 6-20-03

105-010-0011

Human Resource Services Division Public Records

(1) It is the policy of the state to ensure every person has a right to inspect any public record except as otherwise expressly provided by ORS 192.501 to 192.505.

(2) Division Public Records Subject to or Exempt from Disclosure.

(a) The following division public records, falling within the disclosure exemptions under ORS 192.501 to 192.502, shall not be subject to inspection except by authorized division or agency personnel:

(A) Test questions, scoring keys, and other data used to administer the selection process, unless the public interest requires disclosure;

(B) A notice of disciplinary action and materials or documents supporting that action, unless the public interest requires disclosure;

(C) A communication within the division or between the division and another public body of an advisory nature to the extent that it covers other than purely factual materials and is preliminary to any final agency determination of policy or action. The division has the burden of showing that the public interest in encouraging frank communications between officials and employees of the division clearly outweighs the public interest in disclosure;

(D) Information of a personal nature, such as but not limited to that kept in a personal, medical or similar file, if the public disclosure thereof would constitute an unreasonable invasion of privacy, unless the public interest by clear and convincing evidence requires disclosure in a particular instance. The party seeking disclosure shall have the burden of showing that public disclosure would not constitute an unreasonable invasion of privacy;

(E) The home addresses, dates of birth, social security numbers and telephone numbers of state employees or volunteers in the agency's or division's personnel records. The exemption from disclosure of the addresses, dates of birth and telephone numbers of state employees and volunteers does not apply if the party seeking disclosure shows by clear and convincing evidence that the public interest requires disclosure in a particular instance; and

(F) Information submitted to the division in confidence and not otherwise required by law to be submitted where such information is reasonably considered confidential, the division has obliged itself in good faith not to disclose the information, and when the public interest would suffer by the disclosure.

(G) If requested by a public safety officer as defined in 181.610, the home address, home telephone number and electronic mail address of the public safety officer.

(b) A division public record pertaining to an individual applicant or employee may be inspected by that applicant or employee or other specifically designated party as follows:

(A) An applicant or employee may inspect a division public record contained in the applicant's or employee's file including a confidential report from a previous employer if the source-identifying information can be redacted.

(B) An applicant's or employee's official representatives, with the applicant's or employee's signed authorization, may inspect a division public record contained in that applicant's or employee's file including a confidential report from a previous employer, if the source-identifying information can be redacted.

(C) The following parties may inspect any division public record contained in an individual employee's file:

(i) An employee's immediate supervisor or higher level supervisor in direct line within the program area;

(ii) The personnel manager or authorized staff of the employing agency;

(iii) The head of the employing agency;

(iv) Human Resource Services Division staff;

(v) A representative of the Employment Relations Board with subpoena or signed authorization;

(vi) A legally authorized law enforcement agency; and

(vii) The Audits Division of the Office of Secretary of State when carrying out its statutory duties.

(D) An agency may inspect a division public record containing the name, home address, social security number, or employing agency of an employee when such data is to be used to enforce a claim due the state or to defend against a claim.

(E) An agency may inspect an application, examination, or certification record relating to a recruitment specifically for that agency or to a certificate received for a job vacancy.

(F) An investigating officer from the Bureau of Labor and Industries Civil Rights Division, Department of Justice or Equal Employment Opportunity Commission may inspect an application or examination record that is pertinent to an official investigation.

(c) A member of the public may inspect the following division public records pertaining to an applicant or employee:

(A) Information contained in an employment application;

(B) Sex identification;

(C) Grouping by age category;

(D) Ethnic identification;

(E) Performance evaluation;

(F) Date of initial hire to state service;

(G) Name, city and zip code;

(H) City and county of work station;

(I) Position number;

(J) Representation code;

(K) Benefit code;

(L) Position type;

(M) Employee's rate of pay;

(N) A confidential report from a previous employer, if the source-identifying information can be redacted.

(3) The State Personnel Records Officer is designated as the custodian of division public records. An alternate shall be designated to act in the absence of the Officer.

(4) A request for inspection of a division public record shall be made either in writing, or in person during normal working hours, to the State Personnel Records Officer, Salem, Oregon.

(5) Information which is exempt from disclosure, but contained within information open to disclosure, shall be blanked out. Upon request, the State Personnel Records Officer shall certify, on a cover sheet or the last page of the copy, that the copy has been compared with the original and that the copy is a true and exact copy of the original. The State Personnel Records Officer shall sign and date such certification.

(6) The State Personnel Records Officer, upon determining that requested records are open to inspection, shall make records, or copies thereof, available within a reasonable time. The division may establish fees reasonably calculated to reimburse it for actual cost to make such records available. Requesting parties shall be provided with estimates of costs to provide requested records.

Stat. Auth: ORS 184.340 & 240.145(3)
Stats. Implemented: ORS 192.502
Hist.: PD 7-1981, f. & ef. 12-18-81; PD 5-1988, f. & cert. ef. 6-28-88; PD 2-1989, f. & cert. ef. 12-1-89; PD 2-1994, f. & cert. ef. 8-1-94, Renumbered from 105-010-0035; HRSD 1-1997, f. 9-30-97, cert. ef. 10-4-97; HRSD 1-1998, f. 6-29-98, cert. ef. 7-1-98; HRSD 2-2000, f. 7-12-00, cert. ef. 7-14-00; HRSD 6-2003, f. 5-15-03, cert. ef. 5-21-03; HRSD 3-2006, f. & cert. ef. 11-13-06

105-010-0016

Public Disclosure

(1) Each agency head shall provide for public access, upon request, the relevant employment history or financial information on any employee who worked for, or has a financial interest in, an organization he or she is regulating.

(2) Persons hired in positions to regulate persons or organization where there is, or may be perceived, a personal conflict of interest shall be informed that public disclosure of such potential conflict is required.

(3) Materials developed for recruitment of people to positions where they will be performing regulatory duties shall make clear that relevant employment and financial information may be disclosed to the public upon request.

(4) Regulating includes proposing rules, issuing orders, and/or making decisions or recommendations which benefit or impair the person or organization being regulated.

Stat. Auth: ORS 184.340, ORS 240.145(3)
Stats. Implemented: Executive Order 78-10
Hist.: PD 7-1981, f. & ef. 12-18-81; PD 2-1989, f. & cert. ef. 12-1-89; PD 2-1994, f. & cert. ef. 8-1-94, Renumbered from 105-049-0000; HRSD 7-2003, f. 5-15-03, cert. ef. 5-21-03

105-010-0018

Recognition by State Agencies of Marriages Between Same-Sex Couples Validly Performed in Other Jurisdictions

Effective January 1, 2014, state agencies, in the administration of all state laws, must recognize the marriages of same-sex couples validly performed in other jurisdictions to the same extent that they recognize other marriages validly performed in other jurisdictions.

Stat. Auth.: ORS 184.340
Stat. Implemented: ORS.305(4)
Other Auth.: SCOTUS Decision in United States v. Windsor; Letter of Advice from Oregon Attorney General.
Hist.: HRSD 1-2013(Temp), f. 12-24-13, cert. ef. 1-1-14 thru 6-30-14

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

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