Section 1120-02-.04 - ASSESSMENTS(1) Notice of Assessments. The Commissioner shall give public notice of all assessments, at least five (5) calendar days in advance of the closing date for receipt of applications, by posting notices throughout the State. Public notice of assessments shall specify the job title, minimum salary for the position, the minimum or preferred qualifications, the final date on which applications will be received, and other conditions of assessment necessary for the position.(2) Evaluating Assessments. The Commissioner shall determine whether an applicant meets the minimum qualifications for the position. Applicants who meet the minimum qualifications shall be approved for placement in a pool of candidates.(3) Determining Qualifications. The Commissioner shall establish a procedure for the evaluation of the education, training, and experience qualifications, including licenses, certifications, approved continuing education credits, and other factors as deemed appropriate by the Commissioner.(4) Admission to Assessments. Assessments shall be open to all persons who meet the minimum qualifications and requirements specified in the respective public notices. Each applicant admitted to an assessment shall be notified of the time, date and place of the assessment. The Commissioner may request additional documentation from the applicant prior to the assessment.(5) Written Assessments. A written assessment will be approved by the Appointing Authority with every precaution taken to prevent unauthorized persons from gaining knowledge of the nature or content of the tests. Written assessments shall be conducted in locations that are practical for proper administration. All applicants admitted to a written assessment shall adhere to the respective Department's established testing rules and procedures. The Appointing Authority may take any appropriate action, up to and including criminal prosecution, against applicants who do not adhere to these established rules and procedures.(6) Employees in Positions Added to the Preferred Service. If an executive service position is reassigned to the preferred service, the incumbent employee may, within one (1) year, be given an assessment in a manner prescribed by the Commissioner.(7) Oral Assessments. When an oral evaluation is part of the assessment method for a position or class of positions, the Commissioner shall work with the Appointing Authority in establishing the examiners as needed.(8) Notice of Assessment Results. The Commissioner shall notify each applicant in writing of the results of the assessment as soon as practicable. A manifest error in the assessment shall be corrected, if called to the attention of the Commissioner no later than one (1) month after the establishment of the pool of candidates. The correction, however, will not invalidate any appointment previously made from such pool of candidates.(9) Rescheduling Assessments. When an applicant is unable to appear for a written assessment, the applicant may, upon satisfactorily showing the cause of his failure to appear, be granted permission by the Commissioner to take the written assessment at a later date.(10) Working Test Period. With input from the Division of Rehabilitation Services, Department of Human Services, the Commissioner may substitute a working test period in lieu of a written assessment for an applicant with a disability. The test period shall not exceed one (1) year. The work test period runs concurrently with the employee's probationary period as defined in 1120-02-.11.(11) Investigations. The Commissioner or any Appointing Authority may investigate an applicant's education, credentials, training, and experience to verify the statements contained in the application form or to verify statements regarding the applicant's character and fitness. If this investigation shows any falsification, including false information or documents submitted in support of any application or intentionally omitted information in any application which materially affects eligibility for employment consideration, the applicant may be removed from consideration for employment or, if employed, may be dismissed and disqualified from future positions. Lesser discrepancies in applicant information may result in a reevaluation of the assessment if necessary.(12) Assessment Records. The Commissioner shall maintain all records pertinent to an assessment program. The retention of applications and other necessary assessment records shall be maintained as prescribed by law.Tenn. Comp. R. & Regs. 1120-02-.04
(For history prior to January 2, 1988, see pages 1-2 of the Introduction at the beginning of the chapters.) Repeal and new rule filed November 18, 1987; effective January 2, 1988. Amendment filed August 25, 1994; effective December 29, 1994. Repeal and new rule filed December 14, 2010; effective May 31, 2011. Repeal and new rule filed July 5, 2012; effective October 3, 2012. Amendments filed February 7, 2017; effective May 8, 2017. Rule was previously numbered 1120-02-.05 but was renumbered 1120-02-.04 with the deletion of original rule 1120-02-.04 filed January 18, 2023; effective 4/18/2023. Amendments filed January 18, 2023; effective 4/18/2023.Authority: T.C.A. §§ 8-30-104, 8-30-105, 8-30-301, 8-30-302, 8-30-303, 8-30-304, and 10-7-504.