Ohio Admin. Code 124-1-04 - Tenure of improperly appointed employees

An appointing authority shall not raise the issue of the improper appointment of an employee to defeat the tenure rights which would have been due that employee had the employee been properly appointed.

(A) An appointing authority is estopped to raise the illegal appointment of an employee to defeat the tenure rights which would have been due that employee had he been lawfully appointed.

(B) After two years of service in a position in the classified service, an employee may become automatically certified under the provisions of section 124.271 of the Revised Code, notwithstanding the impropriety of his appointment.

Notes

Ohio Admin. Code 124-1-04
Effective: 3/24/2014
R.C. 119.032 review dates: 01/07/2014 and 01/07/2019
Promulgated Under: 119.03
Statutory Authority: 124.03
Rule Amplifies: 124.03, 124.14, 124.56, 124.27, 124.271
Prior Effective Dates: 7/1/79

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