(a) Types of appointments.  All appointments are made either to the classified service or to specific positions in the unclassified service.  • 1  Appointments are made in accordance with applicable Oklahoma Administrative Code (OAC) Rules, Merit System of Personnel Administration Rules (Merit Rules), and Oklahoma Department of Human Services (OKDHS) policy.

• (1) Classified service.  Classified service refers to employees and positions under the jurisdiction of the Oklahoma Merit System of Personnel Administration (Merit System) by constitutional amendment or state statute.
• (2) Unclassified service.  Unclassified service refers to employees and positions excluded from coverage of the Merit System, by constitutional amendment, state statute, or executive order and approved by the OKDHS Director.  Employment in the unclassified service is considered employment-at-will.

(b) Reinstatement.  A former employee, who had permanent status in the classified service, may be eligible to apply on OKDHS job announcements to be considered for reinstatement in accordance with OKDHS policy.  The Human Resources Management Division (HRMD) obtains verification from the Office of Personnel Management (OPM) of the applicant's eligibility for reinstatement at the time of application.

• (1) Reinstatement eligibility may equal up to the period of service that results in permanent classified status.
• (2) If a permanent, classified employee leaves a permanent, classified position for an unclassified position with no break in service, [OAC 530:10-15-10(c)(1)(G)] the period of time during which the person is eligible for reinstatement begins on the date of separation from the unclassified position rather than the date of separation from the classified position.
• (3) The unclassified service does not add to the period of time eligible for reinstatement.
• (4) Reinstatements to the classified service are probationary under the terms outlined in OAC 340:2-1-28 for new employees, provided the former employee has been notified, and has acknowledged in writing an understanding that probation is a condition of the job offer. 
• (5) Enter on duty date must occur before reinstatement eligibility expires. An applicant whose eligibility date expires within 30 working days of the closing date of an individual announcement is notified that:
  • (A) there is insufficient time for the selection process to be completed prior to the end of his or her eligibility; and
  • (B) he or she may compete for appointment in the classified service by submission of an application to OPM if the position is announced on OPM'S application system.  [Merit Rule OAC 530:10-9-10]

(c) Direct hire and hard to fill appointments.  Appointments in the classified service made under the direct hire and hard to fill positions serve a probationary period even if a probationary period was served for a previous appointment with any Oklahoma state merit agency.

(d) Temporary appointments.  When OKDHS requires the service of persons on a temporary basis, a person may be appointed into the unclassified service without regard to other provisions governing appointments.  No person is appointed under this provision for more than a total of 999 hours in a 12-month period from the date of initial hire with any or all state agencies. Temporary appointments do not confer any privileges, rights of appeal, or rights of position, transfer, reinstatement, nor any other rights to any classified position under the Merit System, nor is any temporary employee entitled to any employee benefits.  Local administrators and supervisors are responsible for ensuring that temporary employees do not work more than 999 hours within a 12‑month period from the date of initial hire.  [74 O.S. § 840-5.5(A)(8)]  • 1

(e) Dual appointments.  When an OKDHS employee seeks additional employment with another state agency, the employee must complete Form 11AD042E, Request for Approval of Other Employment, which requires the division director's approval.  The division director refers to the Fair Labor Standards Act to review for any potential overtime and/or budgetary issues.