3-6D-4. Employees covered by chapter--Exemptions.

This chapter applies to all executive branch employees of state government, but excluding:

(1)    Elected officers and all employees in the offices of the secretary of state, state treasurer, state auditor, commissioner of school and public lands, and public utilities commission;

(2)    The members of boards and commissions;

(3)    Department secretaries, bureau commissioners, division directors, deputy secretaries, deputy bureau commissioners, deputy division directors, and supervisors who determine and publicly advocate substantive program policy, attorneys, physicians, confidential assistants to exempt employees and other directors or administrative policy-making positions of executive branch institutions, commissions, boards and agencies;

(4)    All positions in the Office of the Governor and Bureau of Finance and Management;

(5)    Presidents, deans, administrative and policy-making positions, student health service physicians, teaching and professional research positions under the jurisdiction of the State Board of Regents and other directors or administrative policy-making positions of such institutions as determined by the human resources commissioner;

(6)    Teachers of the several institutions under the jurisdiction of the executive branch;

(7)    A person hired to fill the position of an employee who is deployed or activated under circumstances requiring reinstatement under the Uniform Services Employment and Reemployment Rights Act, 38 U.S.C. § 4301 as in effect January 1, 2012;

(8)    Patients who are employed by state institutions under the executive branch;

(9)    Temporary employees and interns; and

(10)    The attorney general and all employees within its office except certified law enforcement officers within the division of criminal investigation.

The commission may promulgate rules, pursuant to chapter 1-26, that establish criteria to implement this section for exemptions from the civil service. The human resources commissioner may determine which positions are eligible for exemption under the provisions of this chapter. Any decision of the human resources commissioner relating to exemptions from the civil service may be appealed to the commission pursuant to chapter 1-26.

Source: SL 2012, ch 23, § 41; SL 2019, ch 21, § 26.