TITLE 36
Public Officers and Employees

CHAPTER 36-3
Division of Personnel Administration

SECTION 36-3-3


§ 36-3-3 Definitions.

The following terms, when used in this chapter and chapter 4 of this title, shall have the following meanings unless the context clearly requires otherwise:

(1) "Appointing authority" means the person or group of persons having the power by virtue of the constitution, a state statute, or lawfully delegated authority to make appointments.

(2) "Appropriate list" means any employment list, promotion list, or employment list which is declared appropriate by the personnel administrator for purposes of certification and appointment.

(3) "Classified employee" means any person holding a position in the classified service.

(4) "Classified service" means all offices and positions of trust or employment in the state service except those placed in the unclassified service by chapter 4 of this title or any other legislation.

(5) "Department" means the department of administration.

(6) "Director" means the director of the department of administration.

(7) "Disabled veteran" means any war veteran who is an examinee and who is certified by the veterans administration to be physically disabled, as a result of a service connected disability, with a disability rating of zero percent (0%) or more.

(8) "Division" means the division of personnel administration.

(9) "Employee" means any person holding a position subject to appointment by an appointing authority.

(10) "Employment list" means a list of names of persons arranged in the order of their ratings who have been found qualified through suitable tests, and who are entitled to have their names certified to appointing authorities for original appointment under the provisions of chapter 4 of this title and rules.

(11) "Personnel administration" means the legal framework of the state government personnel system, i.e., statutes, rules, and policies.

(12) "Personnel administrator" means the head of the division.

(13) "Personnel management" means the powers and duties of the personnel administrator as set forth in this chapter and chapter 4 of this title.

(14) "Position" means any office or place of employment in the state service.

(15) "Promotion list" means a list of names of classified employees arranged in order of their ratings, who have been found qualified through suitable tests for promotion to positions in other classes under the provisions of chapter 4 of this title and rules.

(16) "Provisional status" means:

(i) the status of an appointee who has completed one year of service in a position for which no suitable list has been established; or

(ii) the status of an appointee on leave from a position in which he or she holds permanent status to accept a higher position for which no suitable list has been established.

(17) "Public hearing" means an opportunity given after public notice of at least five (5) calendar days for any citizen or party to appear and be heard on the matter involved.

(18) "Reemployment list" means a list of names of persons who have occupied positions in the classified service, who have been separated from a position in the classified service, and who are entitled to have their names certified to appointing authorities under the provisions of chapter 4 of this title and rules.

(19) "State service" means all offices and positions of trust or employment in the service of the state.

(20) "Temporary status" means the status of an appointee who has not acquired provisional, probationary, or permanent status in the position held.

(21) "War veteran" or "veteran" means any person, male or female, who was employed as an officer, member of the enlisted personnel or otherwise in the active military or naval service of the United States or of any auxiliary unit of the military or naval service, except civilian employees, during the Spanish American War, the Philippine Insurrection, the China Relief Expedition or at some time during the period between April 6, 1917, and November 11, 1918, or the period between December 7, 1941, and December 31, 1946, or who was engaged in the active conduct of and/or fighting in the Korean campaign (active conduct of and/or fighting in the Korean Campaign, shall mean service by any man or woman of the armed forces of the United States between June 27, 1950, and January 31, 1955), or the conflict in Vietnam (active conduct of and/or fighting in the conflict in Vietnam shall mean service by any man or woman of the armed forces of the United States between August 5, 1964, and May 7, 1975), and who served for at least six (6) months and one day; provided, however, that the definition shall not include any person who has been separated from employment of service, except through honorable discharge, if the reason for the separation shall be deemed by the personnel administrator to be sufficient cause to deny inclusion.

History of Section.
(P.L. 1939, ch. 661, § 3; P.L. 1943, ch. 1307, § 1; P.L. 1952, ch. 2975, § 3; P.L. 1953, ch. 3178, § 1; G.L. 1956, § 36-3-3; P.L. 1962, ch. 197, § 1; P.L. 1966, ch. 31, § 1; P.L. 1979, ch. 271, § 1; P.L. 1981, ch. 335, § 1; P.L. 1985, ch. 181, art. 22, § 1; P.L. 1988, ch. 346, § 1; P.L. 1989, ch. 542, § 87.)