4.Noncompetitive reemployment of a former employee based on prior state service under provisions of Rule 23.13 (a).
5.Detail to special duty.
6.Demotion of a permanent classified employee.
7.Reassignment, position change or lateral transfer of a permanent classified employee.
8.Out-of-state vacancies filled in accordance with Rule 22.8 (b).
9.Temporary Inter-Departmental Assignment.
10.When non-classified employees are declared to be in the State Classified Service or are acquired by a State Agency in accordance with Rule 24.2.
11.Noncompetitive promotion of a permanent classified employee to a position to which he or she would have noncompetitive reemployment eligibility under Rule 23.13 if he or she were to resign.
(c)In the case of vacancies to be filled by promotion, appointing authorities may limit application to permanent classified employees of a promotional zone approved by the Director.
22.4Rejecting Applicants for Employment
The Director or an appointing authority may reject an applicant if the applicant:
(a)Cannot be legally employed.
(b)Does not meet the Minimum Qualifications of the job.
(c)Has been convicted of a felony.
(d)While serving with permanent status, was dismissed from state service or resigned to avoid dismissal.
(e)Has submitted false information during the application or examination process or otherwise attempted to fraudulently secure eligibility for appointment for either self or others.
Applicants rejected shall be notified of the action taken.
22.5Minimum Qualifications; Flexible Qualifications
(a)The Director shall establish Minimum Qualifications which shall be included in the job specification for each classified job except as provided in Rule 22.5(b). Appointees must meet the Minimum Qualifications for the job unless exempted under provisions of Rules 22.5 (e), 23.12, 23.13(a) or 5.8. The Director may order the separation of any non-permanent employee who does not meet the Minimum Qualifications.
(b)The Director may establish Flexible Qualifications instead of Minimum Qualifications. If established, they shall be included in the job specification. An appointee should meet the Flexible Qualifications. However, an appointing authority may make an exception provided there are rational business reasons and these are properly documented.
(c)The determination as to whether an applicant meets Minimum Qualifications may be done by the Department of State Civil Service or by an appointing authority under delegated authority as determined by the Director. Decisions made by the appointing authority may be reviewed by the Director and his decisions will be final.
(d)When an applicant is notified that he or she does not meet Minimum Qualifications, the applicant may request that the Director review the decision. The request must be in writing and be postmarked or received no later than 30 days from the date on the disqualification notice. The Director's decision shall complete the review process by the
Department of Civil Service.
(e)Whenever previously established Minimum Qualifications are changed and an incumbent in the affected job class does not meet the new requirements, the incumbent shall be allowed to
1.remain in the position occupied on the effective date of the change provided there are no legal barriers.
2.qualify for higher level jobs in the normal career path of the job occupied, by acquiring the difference between the minimum qualifications of that job and the higher level jobs, as of the effective date of the change, provided there are no legal barriers.
(a)An examination is any formal assessment or combination of assessments used to evaluate an applicant’s qualifications and job-related competencies. Examinations include but are not limited to tests, experience and training evaluations, minimum qualifications, resume evaluations, structured oral examinations, and job interviews. The Director may conduct examinations as deemed appropriate and shall establish eligibility requirements, examination schedules, application procedures and policies regarding retesting, expiration of test scores and cancelling test scores for Director-administered examinations.
(b)The Director may authorize an appointing authority to conduct examinations and may establish policies for agency-administered examinations. Such examinations shall be job-related and designed to assess applicants based on merit, efficiency, fitness and length of service.
(c)A test is a type of examination administered by a proctor to a group of applicants at a test center, consisting of written or electronic responses to questions.
(d)Test takers shall be notified of their test scores by the Director or agency appointing authority as appropriate.
(e)A test score is subject to review by the Director or appointing authority as appropriate upon written request postmarked or received within 30 calendar days following the date on the test result notice. A test score error shall be corrected, but shall not necessarily invalidate any appointment.
22.7Veterans Preference; Proof of Eligibility
(a)For original appointments, veterans’ preferences of five or ten points shall be added to the final examination score of each eligible applicant who meets the minimum qualifications and has attained at least the minimum test scores required and at least the minimum rating required for eligibility in accordance with Section 10 (A) (2) of Article X and applicable statutes.
(b)An applicant claiming eligibility for veterans’ preference points shall provide proof of eligibility in the manner the Director prescribes.
22.8Exemptions from Testing Requirements
(a)An appointing authority may fill a vacancy by probational appointment, job appointment or promotion of a State Vocational Rehabilitation Services or Blind Services program client without the appointee’s attainment of any test scores normally required, provided the appointee meets the Minimum Qualifications of the job, and that the appointing authority documents that the appointee is a bona fide client of a State Vocational Rehabilitation Services or State Blind Services Program, is disabled to such an extent as to prohibit participation in the usual required tests, and is
Louisiana Register Vol. 34, No. 10 October 20, 2008