Okla. Admin. Code § 612:3-3-20

Current through Vol. 42, No. 7, December 16, 2024

Section 612:3-3-20 - Department of Rehabilitation Services recruitment and selection plan

(a)Method of application. All applicants who are permanent classified employees, or former permanent classified state employees eligible for reinstatement to the classified service, shall submit a completed official State of Oklahoma employment application-1 online with OMES-HCM at jobs.ok.govno later than the closing date and time stated in the posted notice. DRS does not carry over completed applications from one posting to the next unless specified on the posting. All other applicants for classified positions must apply by means of the method indicated on the vacancy notice. OMES-HCM notifies applicants who did not meet minimum education and experience requirements for the position. Applicants may submit additional information to OMES-Human Capital Management which reflects they meet the minimum qualifications for the position. If Human Capital Management determines that minimum qualifications for the position are met, the applicant log may be amended and the applicant given consideration for the position if a final selection has not been made by the selecting official.

(b)Optional Program for Hiring Applicants with Disabilities. Applicants that have been certified as "a person with a severe disability" by Human Capital Management will be included on the Special Appointment/Free Names list through HCM and may be considered along with other qualified internal and external applicants.

(c)Eligibility for consideration. The agency may consider external applicants concurrently with internal applicants following closing of the announcement. To be eligible for consideration, applicants must meet the requirements set forth in Paragraphs (1) or (2) of this Subsection.

(1) A permanent classified employee or a former state employee who is eligible for reinstatement must:

(A) submit a completed official State of Oklahoma employment application online with OMES-HCM at jobs.ok.gov no later than the closing date and time specified on the posting notice; and

(B) be certified by the HCM Applicant Services Division as meeting the minimum qualifications for the posted Level(s) of the Job Family. However, career progression promotions shall be exempt from this requirement provided that an employee has been in a lower level of the job family for an amount of time equal to the difference in the lengths of the experience requirements of the two levels.

(2) All other applicants for employment may be eligible for consideration through:

(A) an open competitive certificate from HCM;

(B) Certification as a person with a severe disability under 74 O.S. 840-4.12; and/or

(C) Special Disabled Veterans Certification.

(d)Factors for consideration. Paragraphs (1) through (5) establish factors for consideration.

(1) In filling vacancies, the agency will consider factors such as performance appraisals, education, experience, and other qualifications related to the expected ability of an individual to perform the work successfully.

(2) The agency may also post and consider special additional factors such as limiting consideration to permanent classified employees of the DRS, special working conditions that an applicant must be willing to accept and selective qualifications required for a position.

(3) A qualified permanent classified DRS employee will be given preference when the merit, ability, and capacity of that employee is relatively equal to that of applicants from outside DRS as determined by the selection process.

(4) A qualified permanent classified DRS employee with the greatest seniority based upon the last date of continuous DRS employment will be given preference when the merit, ability, and capacity of that employee is relatively equal to other applicants as determined by the selection process.

(5) Consideration may be given to redress underuti-lization of targeted minority groups. To meet affirmative action goals, all available applicants may be considered.

(e)Methods for consideration. Paragraphs (1) through (3) establish methods for consideration.

(1) The methods for consideration may include review of personnel records, applications, ratings, work histories, attendance records, test results, references, and other documents and information relating to a person's eligibility or qualifications.

(2) Applicants may be required to participate in interviews and in other selection procedures.

(3) A personal background investigation, including any civilian and military court records may be conducted.

(f)Entrance salary. The entrance salary for any position in the classified service shall be governed by the Merit Rules.

(g)Probationary period (classified service). Individuals newly hired into the classified service will serve a probationary period. The probationary period gives the new employee an opportunity to demonstrate the ability to perform the assigned duties of the position. The initial probationary period lasts for one year, except that the Director or Chief of Staff may waive the remainder of the probationary period at any time after a probationary employee has served six months by notifying the employee and Human Capital Management in writing as to the waiver and the reasons for it. The Appointing Authority may not extend the probationary period, but may adjust the probationary period due to an extended absence as provided in 260:25-11-36:

(1) Upon written request, a probationary employee may be granted leave of absence without pay from the agency in accordance with 260:25-15-47, Leave of absence without pay, or 260:25-15-49, Leave because of absence due to job related illness or injury.

(2) If a probationary employee is absent from work in excess of 30 continuous calendar days, the probationary period shall be adjusted by the number of calendar days the probationary employee was absent. The employee shall be notified at the earliest date that the probationary period is to be adjusted. Upon the employee's return to work, notification of such adjustment shall be provided to the employee and the Human Capital Management Division and shall include the adjusted date of the final working day of the probationary period. The appointment of an employee on probationary status may be terminated whenever the performance is determined to be unsatisfactory. The probationary employee does not have the right of appeal to the Merit Protection Commission when terminated during the probationary period [260:25-11-32 ]. The employee's immediate supervisor is responsible for carefully observing and evaluation performance. The performance evaluation of a probationary employee must be completed no later than thirty days prior to the end of the probationary period.

(h)Related employees (classified/unclassified service). The Department reserves the right to make placements and work assignments of personnel as necessary to eliminate and/or prevent situations in which a position is occupied by a relative of the senior administrator of the relevant division, facility, or office. The Director may waive the prohibitions in this Subsection. The Department prohibits the employment of any person in a position which would result in:

(1) immediate supervision by a relative. Relative is defined to include wife, husband, children, parents, stepparents, parents-in-law, grandchildren, grandparents, brothers, sisters, stepchildren, brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law, aunts, uncles, nieces, nephews, first cousins or any of the above with whom the employee shares a foster relationship; or

(2) two or more relatives reporting to the same immediate supervisor.

(i)Other employment, prohibition against use of position for personal gain and avoidance of conflict of interest.

Oklahoma Ethics Commission rules [OAC Title 257] are applicable regarding prohibition against use of position for personal use.

(1) Each employee must, during office hours, devote full time, attention, and effort to the Department's business. The employee may not use office hours for private gain.

(2) An employee may accept other employment outside the employee's assigned hours of duty as long as such other employment does not interfere with the employee's work with the Department. If an employee engages in other employment while an employee of the Department, such employment or changes in the employment, as it occurs shall be reported by use of the Report of Other Employment form. Such notification shall be given to the employee's immediate supervisor.

(j)Final selection. While others may recruit, screen, consider and make recommendations, the decision on all appointments and changes in classification is tentative until it has the approval of the Director or designee. No offer of employment may be made until notification of final approval is received from the Personnel Office of the DRS Human Resources Unit.

Okla. Admin. Code § 612:3-3-20

Added at 12 Ok Reg 769, eff 1-5-95 (emergency); Added at 12 Ok Reg 1953, eff 4-28-95 (emergency); Added at 13 Ok Reg 1731, eff 7-1-96; Amended at 14 Ok Reg 2323, eff 7-1-97; Amended at 16 Ok Reg 2584, eff 7-1-99; Amended at 17 Ok Reg 556, eff 1-1-00 through 7-14-00 (emergency)¹; Amended at 19 Ok Reg 1814, eff 7-1-02; Amended at 27 Ok Reg 1584, eff 7-1-10

Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Amended by Oklahoma Register, Volume 32, Issue 23, August 17, 2015, eff. 8/27/2015

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018

¹This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency amendatory action, the last effective permanent text of the Section is reinstated. Therefore, on 7-15-00 (after the 7-14-00 expiration of the emergency action), the text of 612:3-3-20 reverted back to the permanent text that became effective on 7-1-99, as was last published in the 1999 OAC Supplement, and remained as such until amended again by permanent action on 7-1-02.