(a) A rating or re-rating of "Needs Improvement" or "Poor" is not a disciplinary action.

(b) Any employee whose official overall rating or re-rating is "Needs Improvement" or "Poor" shall not receive a merit increase, a promotion or permanent status. An employee whose official overall rating or re-rating is "Needs Improvement" or "Poor" shall not be detailed to a higher level position except as approved in advance by the Director of Civil Service.

(c) An employee whose official overall rating or re-rating is "Needs Improvement" or "Poor" may be separated or disciplined in accordance with the rules applicable to the employee’s status.

(a) An employee who is not rated in accordance with the provisions of this Chapter shall have an official rating of "Un-rated" on the day after the employee's anniversary date.

(b) An employee who is not re-rated in accordance with the provisions of this Chapter shall have an official re-rating of "Un-rated" on the date that falls 6 months after the employee's anniversary date.

10.12 Record Keeping and Reporting Requirements.

(a) Each completed performance planning and review form shall be kept in the agency Human Resource office or other designated, secure location not accessible to the public. Completed forms must be available to the Department of Civil Service for auditing purposes, to other agencies of the State of Louisiana for purposes of checking employment references and to the employee upon request.

(b) For each employee with an official overall rating or re-rating of "Needs Improvement" or "Poor" the department shall promptly provide a copy of page one of the performance planning and review form to the Director of Civil Service.

(d) The Director of Civil Service may require more frequent reporting as needed.

10.13  Review of Ratings

(a) A permanent employee who disagrees with any official rating or re-rating has a right to have the rating reviewed by the Appointing Authority or his/her designee. The designated Reviewer is the only person within the employing agency who may change an official rating. The designated Reviewer shall not be the Rating Supervisor who conducted the rating.

(b) A written request for review must be postmarked or received in the employing agency’s Human Resource office no later than 15 calendar days after the employee’s anniversary date or, for a re-rating, no later than 15 calendar days after the day that falls six months after the employee’s anniversary date. In the request for review, the employee must explain why he/she believes a higher rating is warranted and must attach whatever supporting documentation he or she wants the Reviewer to consider.

(c) If the request for review is timely, the Reviewer must review the rating, the request for review, and any documentation supporting either. The Reviewer must also discuss the contested rating(s) with the employee and the Rating Supervisor.

(d) The Reviewer shall notify the employee and the Rating Supervisor, in writing, of the results of the review. Insofar as practicable, this notification shall be provided within 30 calendar days following the date the request for review was received in the Human Resource office. Any change in rating shall be retroactive to the anniversary date or in the case of a contested re-rating, on the day that falls six months after the employee’s anniversary date.

(e) The initial PPR form, the request for review, the Reviewer’s response, and all supporting documentation shall be maintained in the employee’s PPR file.

10.14  Appeal to the Director of Civil Service

(a) A permanent employee who disagrees with the Reviewer’s decision has a right to have his/her PPR file reviewed by the Director or the Director’s designee.

(b) An appeal under this Rule must be postmarked or received by the Director within 30 calendar days following the date the employee received a copy of the Reviewer’s decision. In the appeal, the employee must explain why there was no basis for the contested rating.

(c) If the appeal is timely, the Director or his designee shall obtain and review the employee’s PPR file. When the Director or his designee finds that the agency violated any rule in this Chapter or that there was no documented, rational basis for a rating, the Director may order any contested rating changed as he deems appropriate. Insofar as practicable, the Director shall provide a written decision to the employee, the Rating Supervisor, and the Reviewer within 30 calendar days following the date the appeal was filed.

10.15  Effective date.

The revisions to this Chapter shall become effective for anniversary dates on and after March 1, 2001.

10.17 Exceptions.

For compelling reasons, the Director may approve exceptions to these Rules.

The agency's grievance process shall not be used to review or reconsider ratings or a procedural violation of these rules.