(a) The Department of Higher Education shall perform the following administrative duties with respect to the institution of higher education classification and compensation plan, subject to this subchapter:

(1) Determine that each position of an institution of higher education affected by this subchapter is allocated to a class having a written class specification based on the duties and responsibilities assigned to the position and the requirements necessary to satisfactorily perform the duties;

(2) Assist institutions in the allocation of positions to classes established in this subchapter and in the appropriation acts covering each of the institutions affected by this subchapter, and disallow the allocation of a position to a class that is not in conformance with this subchapter;

(3)

(A) Authorize the temporary reclassification of positions in an institution affected by this subchapter in cases in which it has been determined by the department that there are material changes in the duties and responsibilities assigned to the position when there is no available vacant position having the proper classification and when it is impracticable to restructure the duties of the position to the proper classification.

(B) The reclassification of positions may also be authorized when it is necessary to establish a new classification to meet federal standards as a prerequisite for federal programs, provided that a position is not placed in a class and receive pay at a salary rate in excess of the maximum salary rate authorized for the position that was reclassified as provided in the appropriation act of the institution;

(4)

(A) Review all class specifications and all classes and grades and the compensation plan affecting all institutions covered by this subchapter and submit to the Legislative Council and the Governor in advance of the regular session and fiscal session of the General Assembly recommendations for revisions, modifications, or additions.

(B) When necessary, the department shall confer with the staff of the Legislative Council on the development of and revisions to uniform classification and compensation systems.

(C) Time periods for the development of recommendations and time periods for the review by the Legislative Council of those recommendations shall be as established by the Legislative Council.

(D) The time periods for recommendations and for review shall be sufficiently in advance of budget hearings for the regular session and fiscal session to allow for the thorough review by the Legislative Council;

(5) Develop and implement rules to accomplish the purposes of this subchapter;

(6)

(A) Establish a procedure to allow the head of the institution to review the qualifications of applicants whose education and experience either do not meet or exceed that required by the class specification but who have other job-related qualifications that might be validly substituted for the class requirements.

(B) The procedure under subdivision (a)(6)(A) of this section is intended to allow institutions to substitute job-related education and experience for the specific requirements stated in the class specification without the necessity for the revision of the class specification.

(C) The procedure under subdivision (a)(6)(A) of this section shall require the final approval of the Director of the Department of Higher Education, with the review of the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee;

(7)

(A) Review institution personnel transactions reported as unqualified appointments.

(B) Unqualified appointments shall be reported by the department to the Legislative Council unless one (1) of the following actions is taken:

(i) Questionable appointments are reviewed by the director;

(ii) Payroll actions for questionable appointments that are determined by the director to be unqualified for the specific appointment are not processed until the unqualified appointment is removed from the payroll or is placed into a position in the institution for which the individual meets the minimum qualifications of the classification; or

(iii) Corrective action is documented by the institution.

(C) It is the specific responsibility of the head of each institution to certify that the qualifications of persons appointed to positions within the institution do meet or exceed the minimum education and experience requirements as stated in the class specification;

(8)

(A) Establish each year, upon the review of the Personnel Subcommittee of the Legislative Council, new classifications at an appropriate grade in order to meet new or changed conditions and report at the end of each fiscal year all class titles contained in § 21-5-1406 for which a class specification has not been written.

(B) Any classification established under this subdivision (a)(8) shall remain in effect for the remainder of the fiscal year during which the classification was established unless specifically authorized to continue by the General Assembly as an addition to this subchapter;

(9) Revise, as necessary, the class specification of a classification in order to ensure the accuracy of the description of the assigned duties and the minimum requirements necessary to perform these duties and thereby maintain a valid relationship between the requirements and the duties and responsibilities of the jobs;

(10) Administer and maintain a system for the evaluation of employee performance effectiveness;

(11) Provide assistance to institutions in identifying, developing, and maintaining training and resource programs; and

(12) Develop and implement, as needed and upon the review of the Legislative Council, rules to ensure a uniform system of personnel administration within higher education.

(b) To ensure and provide for the accuracy and efficiency of this subchapter and to provide for an efficient and equitable system of personnel management, the department, with the review of the Legislative Council, shall:

(1) Study on a continuing basis and modify and revise when necessary the current classifications, the class specifications, minimum requirements, and other requirements;

(2) Create when necessary new classifications at an appropriate grade that will accurately describe those positions for which no appropriate classification exists;

(3) Determine those positions that are improperly classified and reclassify those positions to the appropriate classification in accordance with this subchapter; and

(4) Develop and implement the policies, rules, and procedures necessary for the implementation of this subchapter.