5 MRSA, §7082, sub-§5, provides the procedure for certain employees to appeal a determination by the Bureau of Human Resources concerning the job classification of positions, the allocation of new positions, or the reallocation of existing positions in the classified service. This provision does not apply to positions that are assigned to a bargaining unit. Positions that are assigned to a bargaining unit must utilize the appeal process provided in the appropriate bargaining agreement.

The Bureau of Human Resources must process and make a determination in response to classification, allocation, or reallocation requests within 25 days of filing. (An affected employee or agency may appeal to the appeals board within 10 days after the expiration of the 25 days allotted to process the request.)

Job classification, allocation, or reallocation appeals are heard by the Civil Service Appeals Board consistent with a procedure that is spelled out in the law. An appeal may be initiated by either an affected employee or agency. A notice of appeal should be forwarded directly to the Clerk of the Civil Service Appeals Board, Department of Administrative and Financial Services, 78 State House Station, Augusta, ME 04333-0078. (The notice of appeal should not be forwarded to the Bureau of Human Resources.) An employee or agency may be represented during the appeal process. In the case of an employee, representation is at the employee's expense.

In the event an appeal is undertaken:

• The appeal of a classification, allocation, or reallocation determination must be made within 30 days after receipt of the notice of the determination provided by the Bureau of Human Resources.

• Upon receipt of the appeal, the Board will convene a public hearing to consider the matter.

• After examination and review of the appeal, the Board may make changes in classification, allocation, or reallocation as it deems appropriate by a vote of at least 3 (of 5) members of the Board.

• The decision of the Board is then transmitted to the State Budget Officer, the Director of the Bureau of Human Resources, any affected employee, and any agencies that may be affected.

The effective dates of actions pertaining to classification, allocation, or reallocation are established in law as the first day of the fiscal year following approval by the State Budget Officer and the appropriation of funds for the classification. The effective date may be advanced if the State Budget Officer determines that sufficient funds (permanent personal services funding, not current salary savings) exist to otherwise fund the change.

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