classified service may, within ten years from separation, be noncompetitively reemployed in any job for which he is qualified and which has the same or lower maximum salary as the current maximum for the job in which he had permanent status. Further, if the job in which an employee or former employee held permanent status undergoes a change in title, other than an upward reallocation of the position after the employee separated from it, or undergoes a change in minimum qualification requirements, he shall not lose his reemployment eligibility for such position or lower position in the same job series, if such exists, except where the qualification lacking is one required by law or under a recognized accreditation program. In this case eligibility remains, even if the maximum pay has moved upward. Further, he shall be eligible to be reemployed in any other job at the same or lower current maximum pay as the job to which his position changed in title, provided he meets the minimum qualification requirements.
(b)Repealed, effective March 15, 1966.
(c)Repealed, effective February 10, 1976.
(d)No former employee whose last separation from the classified service was by dismissal or by resignation to avoid dismissal shall be eligible for noncompetitive reemployment under the provisions of this Rule; nor shall any person acquire eligibility for noncompetitive reemployment through service in a position from which he was dismissed or resigned to avoid dismissal or demoted for delinquency, misconduct or unsatisfactory performance. When a former employee is hired from an open preferred reemployment list and is separated due to unsatisfactory work performance during the applicable probationary period, he shall retain his noncompetitive reemployment eligibility based on any position(s) he held with permanent status in accordance with the provisions of this Rule.
(e)The Director may declare specific classes of positions exempt from the provisions of subsection (a) of this Rule, and noncompetitive reemployments shall not be made under this Rule to such exempt classes of positions, unless the employee previously served with permanent status in the class of position to which his noncompetitive reemployment is proposed and was not separated therefrom by dismissal or resignation to avoid dismissal.
(f)No former employee shall possess an eligibility for noncompetitive reemployment in the position of Director of the State Department of Civil Service.
(g)The former employee may be required to provide proof or evidence of his prior employment before being eligible for reemployment under this rule.
8.27Status of Nonclassified Employees Whose Positions are Declared to be in the State Classified Service or are Acquired by a State Agency
(a)When a nongovernmental private organization or position, which is not subject to the Article, is acquired by a State agency as a result of a legislative act, constitutional amendment, judicial decree, or an executive order, or a government organization or position, which has been created by an executive order of the Governor, legislation, constitutional amendment, or a local authority, is declared to be in the State classified service by judicial decree or by order of the Commission or Director, an employee incumbering an affected position shall be appointed in the
State classified service under this Rule if:
1.His position is retained by the State agency, and the appointing authority of the agency certifies in writing to the Director that the retention is necessary for the continued efficient functioning of the acquiring agency, and such position falls within the State classified service;
2.He is eligible for employment in the classified service;
3.He is either employed in the position or is an employee of the acquired organization and has at least one year of continuous service as of the effective date of the transfer of the position or of the acquired agency to the State classified service provided that such effective date shall be the same effective date of the legislation, constitutional amendment, judicial decree, or commission order that initiated the action to classify the position, and in the absence of these directives, as of the date of the Director's order;
4.He possesses the minimum requirements established for the class to which his position has been allocated, on the date of the notification to the agency of the original allocation of his position for probationary appointment;
5.He attains a passing score on the appropriate test, within three attempts and six months of the date of notification of the original allocation of his position for probationary appointment, except that after notifying the Commission the Director may waive the passing of a written examination provided:
a.Either an appropriate test is not available or a review of the hiring and personnel practices of the entity indicates testing would be impractical and/or unnecessary; and
b.A review of the person's application and personnel record reveals that he has successfully performed the duties of the same position for two years; and
c.The appointing authority certifies that his performance has been satisfactory.
d.The Director may still require certain employees to meet the testing requirements of (a) 5.
6.Subject to Rule 17.14, when an agency acquires employees under Rule 8.27 and a layoff results, it shall neither exempt the acquired employees from a layoff, nor shall the acquisition of these employees prevent the appointment of classified employees from a Department Preferred Reemployment List.
(b)An employee who enters the State classified service in accordance with this Rule and who is employed as a classified employee of a governmental jurisdiction subject to a civil service article, statute or ordinance shall be appointed to the State classified service with the same appointment status he attained in the former service and such employee shall be exempt from the requirements in (a) 3, (a) 4 and (a)(5) above. All other employees who enter the State classified service in accordance with this Rule shall be either provisionally or probationally appointed.
(c)An employee who enters the state classified service in accordance with this rule and who is employed with an organization that is being acquired in its entirety for the first time in the classified service may be exempted from the requirements in (a) 3, (a) 4 and (a) 5 above, provided he occupies the same position with the acquired organization, if
Louisiana Register Vol. 34, No. 10 October 20, 2008