Current through Register Vol. XLI, No. 45, November 8, 2024
Section 217-1-7 - Certification of Eligibles7.1. Request for Certification. -- If a vacancy occurs in any position in an agency or if new positions are established and new employees are needed, requisitions shall be submitted by the agency head to the Division in the manner prescribed by the Division. This requisition shall state the number of positions to be filled in each class, identifying each class title and all other pertinent information.7.2. Certification Methods.7.2.1. Nothing in this subdivision shall be construed as altering the exhaustion point of a register as described in this rule.7.2.1.a. Upon receipt of a request, the Division shall first certify and submit the names of all available eligibles from the appropriate preference register. If no appropriate preference register exists or there are no available qualified eligibles on the appropriate preference register, then the Division shall certify and submit to the agency head the names of any persons meeting the minimum qualifications for the classification. The Division may certify additional names at its discretion to compensate for possible unavailable eligibles.7.2.1.b. If the competitive register established as a result of a Division examination for a specific class of position is exhausted, the Division may certify additional names from the register, or registers, most appropriate. If there is no register which the Division considers appropriate, then the Division may certify and submit names from a register established as described in this section.7.2.1.c. Appointments may be made from a certification anytime within 60 days of the date of the certification, after which the certification is void. An extension may be granted by the Division upon request.7.2.2. If, in the exercise of his or her choice provided under Section eight of this rule, the agency head passes over the name of an eligible on a competitive register in connection with three separate appointments he or she has made from the register, written request may be made of the Division that the name of the eligible be omitted from any subsequent certification of the same organization from the same competitive register for a period of no less than one year from the date of the request. The name of the eligible shall thereafter not be certified to the agency head from that register for future vacancies in that job class, or from subsequent registers established for that class of position. If, after that one year period, the eligible is again certified for the same class of position, and passed over in connection with one appointment, the agency may again request that the name of the eligible be omitted from any subsequent certification as stated above.7.2.3. An eligible may be considered not available by the Division if he or she fails to reply to electronic communication i.e., telephone or electronic mail after five days.7.3. Selective Certification. -- Any certification may limit consideration to only those individuals who possess specific qualifications determined to be essential for performance of the duties of a specific position. Selective certification must be approved by the Division.7.3.1. If a specific position requires special qualifications that are not common to all positions in that class, the agency may request that certification be limited to candidates possessing those qualifications. Eligibles shall have adequate opportunity for special qualification consideration. The specific criteria for the restriction of certification shall be based on the duties of the position as verified by job analysis or by an official position description and written justification.7.3.2. The Division may limit certification to candidates available to work at the location of the job. The Division may further limit certification geographically when the duties of the position require rapid response to unscheduled emergencies during off duty hours. The agency head shall provide written justification of any request for geographic selective certification based on essential duties of the position. The agency head shall establish the boundaries of the acceptable geographic areas based on the specific location and demands of the job. The agency head shall consider candidates living outside the boundary if they are willing to relocate to the area.7.4. Corrections of Errors. 7.4.1. In the event that a name is certified in error, and the error is discovered before a personnel transaction has been finalized and one of the named applicants is notified that he or she is appointed, the Division and agency head shall withdraw the erroneous certification and make a correct certification. If a certification is to fill more than one position, the agency head shall withdraw only that portion of it pertaining to positions for which personnel transactions have not been finalized and applicants have not been notified that they are appointed. Agencies shall only make conditional offers of employment to applicants until such time the personnel transaction to appoint has received all necessary approvals.7.4.2. In the event a name is certified in error, and the error is discovered after one of the named applicants is notified that he or she is appointed but prior to the effective date of the appointment, and the applicant is not disqualified for any of the reasons provided in subdivisions 5.4 or 6.4 of this rule, other than not meeting minimum qualifications, the agency head shall withdraw the certification and appointment as provided in Section 8 of this rule unless the applicant provides verification to the agency that: 7.4.2.a. acceptance of the appointment caused the named applicant to change his or her place of residence; or,7.4.2.b. acceptance of the appointment caused the named applicant to resign from a position that cannot be regained.7.4.3. In the event a name is certified in error, and the error is discovered after the effective date of the appointment of one of the named applicants, or the certification could not be withdrawn for reasons provided in this section, the appointment shall continue. Provided, the applicant or employee is not disqualified for any of the reasons specified in subdivision 5.4. or 6.4. of this rule other than not meeting minimum qualifications and it has been determined by the Division and hiring agency that there is no undue risk in the applicant performing the duties. If the applicant or employee is not qualified to perform the duties of the position, the agency shall assign the applicant to a vacant position for which he or she meets the minimum qualifications, in the same location and agency to which he or she was certified and at the same salary. If continued employment or alternate assignment is deemed inappropriate by the agency head, the provisions of this rule regarding separations apply.