The Merit Board permits the Designated Employer Representative (DER) at each of the universities and agencies to make an initial determination as to whether a position qualifies as an exemption pursuant to section 36e of the Act; however, this authority is granted and may be revoked, in whole or in part, at the sole discretion of the Merit Board. This permission does not limit the Executive Director of the University System's responsibility for ensuring compliance with statutory and procedural guidelines in this respect.
All universities and agencies differ in their organizational structures and within each institution the administrative offices, colleges and various departments all differ in many respects such as size and scope. As a result, institutions must utilize a process for determining exemptions.
Exemption status is determined primarily by a thorough and comprehensive review of the position description. It is therefore extremely important that employers maintain an updated, accurate and complete position description for all positions. A routine and regular position review program is necessary in order to properly assign classification designations and accurately validate exemption status.