(1) This rule implements the job registry components of the State Employee Protection Act, 2-18-1201 , et seq., MCA.

(2) For purposes of administering this rule, the following definitions apply:

(a) "Agency" means a department, board, commission, office, bureau, institution, or unit of state government recognized in the state budget, but does not include the Montana university system, as provided in 2-18-1202 , MCA.

(b) "Effective date of lay-off" means the date determined by the agency to be the end of employment for an employee.

(c) "Employee" means a person employed by the state who has achieved permanent status, as defined in 2-18-101 , MCA, or officers and employees of the legislative branch and teachers under the authority of the Department of Corrections or Department of Public Health and Human Services who have been employed for at least six continuous months, as provided in 2-18-1202 , MCA. This term does not include a student intern, as defined in 2-18-101 , MCA, or individuals who choose the retirement benefits provided for in 19-2-706 , MCA, instead of the benefits provided for in the State Employee Protection Act.

(d) "Job registry" means a special job register from which all agencies may attempt to hire employees prior to seeking applications from the general public, as provided in 2-18-1203 , MCA.

(e) "Job registry coordinator" means the State Personnel Division, Department of Administration.

(f) "Permanent status" means the state an employee attains after satisfactorily completing an appropriate probationary period, as provided in 2-18-101 , MCA.

(3) The job registry coordinator shall administer the job registry.

(a) Agencies must inform the job registry coordinator about employees who have been notified of a reduction in force and their anticipated termination date(s) .

(b) Employees may elect to participate in the job registry after they have been notified of a pending lay-off or have been laid off due to a reduction in force.

(c) Participating employees must complete the application materials developed by the job registry coordinator and submit them to the coordinator. The job registry coordinator may require participants to update materials.

(4) Agencies are encouraged, but not required, to consider applicants included in the job registry before recruiting from the general public.

(5) The public employment hiring preferences for veterans, persons with disabilities, and American Indians do not apply when agencies consider participants from the job registry, because it is not an initial hiring, as provided in 39-30-103 , MCA.

(6) When an agency hires a job registry participant, the agency must notify the job registry coordinator.

(7) An employee's eligibility to participate in the job registry ends when:

(a) the employee secures employment with an hourly salary equal to or higher than the position from which the employee was laid off. Acceptance of permanent employment at a lower hourly salary or acceptance of seasonal, temporary, or short-term employment does not end an employee's right to continue participation on the job registry;

(b) an employee refuses a reinstatement offer, as provided in Rule 5007 of the reduction in work force, MOM Policy 3-0155, revised July 18, 2003. An agency shall notify the job registry coordinator when a reinstatement offer is refused;

(c) an employee notifies the job registry coordinator in writing that he or she no longer wishes to participate; or

(d) two years have elapsed, either since the employee's effective date of lay-off or since the date of the employee's completion of job training provided under 2-18-1203 , MCA, whichever is later.

(8) An employee subsequently transferred to a different position in a state agency is entitled to the same hourly salary as previously earned, provided that the new position is at the same grade level or higher.

(9) A laid-off employee who is reemployed as a permanent employee within two years of the employee's effective date of lay-off will not be required to serve the qualifying period for use of annual leave and sick leave. Any leave the employee elected to bank transfers to the new position.

(10) Agencies shall use pay plan rule 1818, change from nonclassified to classified, MOM Policy 3-0505, revised July 1, 2003, to establish a pay rate for an employee laid off from a nonclassified position who accepts a classified position.

(11) An employee who is hired from the job registry or a laid-off employee who is reemployed as a permanent employee within two years of the employee's effective date of lay-off in a position at a grade lower than the one held at lay-off will be treated as having accepted a voluntary demotion and the employee's pay will be established pursuant to pay plan rule 1812, demotions, MOM Policy 3-0505, revised July 1, 2003.

(12) Pay for an employee who is demoted as the result of a reduction in force, but who is not laid-off, is administered using pay plan rule 1812, demotions, MOM Policy 3-0505, revised July 1, 2003.

(13) An agency may consider a demotion as a result of a reduction in force as "exceptional circumstances" and grant a pay plan exception as provided in pay plan rule 1828, individual pay plan exceptions, MOM Policy 3-0505, revised July 1, 2003.

(14) If the employee is reemployed by an agency within two years of the employee's effective date of lay-off, the employee's longevity increment hours are restored. Only actual years of employment count toward longevity.

(15) The MOM policies referenced in this rule are incorporated by reference and are available from the State Personnel Division, Department of Administration, Room 130 Mitchell Building, 125 Roberts Street, P.O. Box 200127, Helena, MT 59620-0127, telephone (406) 444-3871, or on the State Personnel Division web site: http://hr.mt.gov/HRServices/policiesguides.asp.