2402. ACTIONS NOT COVERED

2402 ACTIONS NOT COVERED 2402.1 This chapter shall not apply to the following: (a) The termination of a temporary promotion; (b) The return of an employee to the position from which the employee was promoted on a temporary or term basis; (c) Reassignment or demotion to a different position that is not at a lower grade than the position from which an employee was temporarily promoted; (d) The return to a former or comparable position of a supervisor or manager who failed to satisfactorily complete the required probationary period; (e) Termination of a term appointment upon its expiration date; (f) Termination of a temporary appointment, including a Temporary Appointment Pending Establishment of a Register (TAPER); (g) Reduction in grade as a result of a position classification action affecting the employee’s position; (h) Demotion as a result of change in classification standards or error in the application of either of the following: (1) Classification or qualification standards; or (2) Time-in-grade requirements for promotion; (i) The separation of an employee or a change in an employee’s position or grade as a result of an action taken pursuant to Chapter 16 of these regulations; or (j) Separation of an employee who is not within reach for release from his or her competitive level for refusal to accept a reassignment either to a vacant position or to an encumbered position in his or her competitive level through displacement action. 2402.2 To the extent inconsistent with the provisions of a collective bargaining agreement, this chapter shall not apply to employees covered by such agreement with respect to the specific inconsistencies. SOURCE: As amended by Final Rulemaking published at 40 DCR 2114 (March 26, 1993); as amended by Final Rulemaking published at 44 DCR 3933 (July 11, 1997); as amended by Final Rulemaking published at 47 DCR 2425 (April 7, 2000); as amended by Final Rulemaking published at 50 DCR 10573 (December 12, 2003); as amended by Final Rulemaking published at 55 DCR 12899, 12902 (December 26, 2008); as amended by Final Rulemaking published at 59 DCR 8400, 8401 (July 13, 2012).