Section 27-110-4.2.9 - Non-Competitive Initial AppointmentJob Classifications (State Service), under Mississippi Code Annotated § 25-9-105
A. Non-competitive appointments to job classifications exempted from the selection process by state law or by action of MSPB are not required to be made from a Referred List. The MSPB Executive Director only certifies the candidates referred by the appointing authority who meet the minimum requirements for the job classification.B. Exempt classifications may consist of, but are not limited to, the following: (1) skilled or semi-skilled labor, domestic or custodial work;(2) classifications which involve professional or technical skills not normally available in the general applicant population and for which recruiting procedures produce recurring deficiencies;(3) classifications which include a small number of positions;(4) classifications which are unique to a particular agency;(5) classifications which have high turnover rates, and(6) classifications which require professional licensure and/or certification. In general, for a job to be classified as exempt from competitive recruitment, multiple criteria outlined previous must apply to either the agency and/or classification.C. The MSPB Executive Director shall review agency proposed classifications or positions and make recommendations to MSPB to develop a list of job classifications exempt from the use of a Referred List. The list of exempt classifications may be furnished to the agencies.D. Agencies may request classifications be reinstated to a competitive appointment basis and may recommend changes to the list of exempt classifications.E. Exempt classifications may apply to entire classifications or specific positions assigned to a classification.F. The appointing authority shall submit a current State of Mississippi Application to the MSPB Executive Director. The applicant is required to meet the minimum qualifications to be certified for the class or position.G. Incumbents in state service positions exempt from the selection process by actions of MSPB have the same rights as any other state-service employee.H. Each agency is responsible for ensuring that its workforce complies with all state and federal laws, guidelines, and court orders regarding Equal Opportunity Employment.27 Miss. Code. R. 110-4.2.9