(a) Employees subject to demotion and rights.--The following apply:
(1) An appointing authority may demote to a vacant position in a lower class an employee in the classified service who does not satisfactorily perform the duties of the position to which the employee was appointed or promoted and who is able to perform the duties of the lower class position.
(2) In case of a demotion, the employee shall have all rights of appeal as provided in this part.
(3) No employee may be demoted because of the employee's race, gender, religion, disability or political, partisan or labor union affiliation or other nonmerit factor.
(b) Voluntary demotion.--A voluntary demotion may be made by an appointing authority upon written request of the employee with the approval of the Office of Administration.
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