If the Health and Welfare Agency Data Center appointing power wishes to appoint a competitor to a position for which an examination has been conducted within the Health and Welfare Agency Data Center demonstration project, the appointing power shall fill the vacancy by selection of a competitor who has filed a timely application for the examination pursuant to Section 174, who meets the minimum qualifications for the class, and who is judged to be among the best qualified available competitors as a result of evaluations made pursuant to Section 549.31. If the appointing power has at the same time or within one year of the final date specified for filing an application for the examination more than one vacancy in the same class and for which the same or substantially similar job-related knowledge, skills and abilities are required, the first and every succeeding vacancy shall be filled in a like manner by selection of a competitor who has filed a timely application for the examination pursuant to Section 174, who meets the minimum qualifications for the class and who is judged to be among the best qualified remaining competitors pursuant to Section 549.31 unless the appointing power chooses to conduct a new examination, in which case the appointing power shall appoint a competitor judged to be among the best qualified in the new examination and who also has filed a timely application for that examination and meets the minimum qualifications for the class. For the duration of the Health and Welfare Agency Data Center demonstration project and for a period of at least one year following its conclusion, the Health and Welfare Agency Data Center shall maintain records of each examination conducted within the demonstration project. The records shall be sufficient to permit an independent review of examinations conducted within the demonstration project to determine whether they have complied with the intent of this Section, Section 549.31 and Article VII, Section 1(b) of the California Constitution. For each examination, such records shall include, but not be limited to, (a) a list of competitors who filed an application for the examination together with a notation as to their date of filing, (b) justification whether each competitor met the minimum qualifications for the class, and (c) a summary of the evaluation pursuant to Section 549.31 of each competitor who is offered a position. The provisions of this regulation do not apply if an appointment is to be made from a reemployment list under Government Code Section 19056. The provisions of this regulation do not apply if an appointment is to be made from a general reemployment list pursuant to Government Code Section 19056.5, unless there are fewer than three persons on the general reemployment list willing to accept employment under the conditions of employment specified in which case the appointing power may appoint a competitor in accordance with the provisions of this Section.
Cal. Code Regs. Tit. 2, § 549.30
Note: Authority cited: Section 19602, Government Code. Reference: Section 19602, Government Code.