No competitive examinations for certain positions, alternativepromotional procedures.
36.210. Other provision of the law to the contrary notwithstanding,special procedures for the examination and selection of personnel areauthorized as follows:
(1) For positions involving unskilled or semiskilled labor, ordomestic, attendant, custodial or comparable work, when the character orplace of the work makes it impracticable to supply the needs of the serviceby appointments made in accordance with the procedure prescribed in otherprovisions of this chapter, the director, in accordance with theregulations, shall authorize the use of such other procedures as thedirector determines to be appropriate in order to meet the needs of theservice, while assuring the selection of such employees on the basis ofmerit and fitness. Such procedures, subject to the regulations, mayinclude the testing of applicants and maintenance of registers of eligiblesby localities; the testing of applicants, singly or in groups, at periodicintervals, at the place of employment or elsewhere, after such notice asthe director considers adequate; the registration of applicants who pass anoncompetitive examination or submit satisfactory evidence of theirqualifications, and appointment of registered applicants; or any variationor combination of the foregoing or other suitable methods. When thedirector finds noncompetitive registration and selection procedures to beappropriate, the director is hereby authorized to delegate to eachappointing authority the responsibility for such registration and forselection and appointment of registered applicants. When such delegationis made, the director shall establish the necessary guidelines andstandards for appointing authorities and shall require such reports andperform such audits as the director deems necessary to ensure compliancewith these guidelines and standards.
(2) The regulations may prescribe the conditions under which interns,trainees, and participants in special state or federal training,rehabilitation, and employment programs who successfully complete a periodof internship or training may be appointed to a permanent position subjectto this chapter after passing a noncompetitive qualifying examination.
(3) The board may, in accordance with the regulations, waivecompetitive examinations for a class or position if* it finds that thesupply of qualified applicants is generally insufficient to justifycompetitive examinations and provide meaningful competition in theselection of employees. A request that competitive examination be waivedfor a particular class or position pursuant to this provision may be madeto the board by the director or an appointing authority. The board shallreview determinations pursuant to this provision at least annually. Uponwaiving such examinations, the regulations of the board shall provide forthe registration and appointment of applicants who present satisfactoryevidence of their qualifications.
(4) Upon the approval of the director in accordance with theregulations of the board, appointing authorities may promote employees onthe basis of a qualifying noncompetitive examination. Such noncompetitivepromotions may be approved in, but are not necessarily limited to,situations in which the promotion represents a normal progression to thenext higher level within an established occupational job series, or wherethe director determines that an employee has been an assistant, understudyor trainee for the position involved or otherwise has had such specificexperience or training that a noncompetitive promotion to the position inquestion is to the best interests of the state service.
(5) Appointing authorities may request, pursuant to regulationsestablished by the board, to conduct alternative promotional procedures forpositions and classes in their divisions of service. The board shallapprove such alternative procedures which it finds to be in keeping withmerit principles and the best interest of the state service. Uponapproval, the appointing authority shall be responsible to conductpromotional procedures in accordance with the board's approval and withoutfavoritism, prejudice or discrimination. The board may withdraw approvalpursuant to this provision if it finds that this responsibility has notbeen met.
(6) Where appropriate, the director may establish registers bylocality for selected classes.
(L. 1945 p. 1157 § 30, A.L. 1953 p. 512, A.L. 1979 H.B. 673, A.L. 1996 H.B. 1146)
No competitive examinations for certain positions, alternativepromotional procedures.
36.210. Other provision of the law to the contrary notwithstanding,special procedures for the examination and selection of personnel areauthorized as follows:
(1) For positions involving unskilled or semiskilled labor, ordomestic, attendant, custodial or comparable work, when the character orplace of the work makes it impracticable to supply the needs of the serviceby appointments made in accordance with the procedure prescribed in otherprovisions of this chapter, the director, in accordance with theregulations, shall authorize the use of such other procedures as thedirector determines to be appropriate in order to meet the needs of theservice, while assuring the selection of such employees on the basis ofmerit and fitness. Such procedures, subject to the regulations, mayinclude the testing of applicants and maintenance of registers of eligiblesby localities; the testing of applicants, singly or in groups, at periodicintervals, at the place of employment or elsewhere, after such notice asthe director considers adequate; the registration of applicants who pass anoncompetitive examination or submit satisfactory evidence of theirqualifications, and appointment of registered applicants; or any variationor combination of the foregoing or other suitable methods. When thedirector finds noncompetitive registration and selection procedures to beappropriate, the director is hereby authorized to delegate to eachappointing authority the responsibility for such registration and forselection and appointment of registered applicants. When such delegationis made, the director shall establish the necessary guidelines andstandards for appointing authorities and shall require such reports andperform such audits as the director deems necessary to ensure compliancewith these guidelines and standards.
(2) The regulations may prescribe the conditions under which interns,trainees, and participants in special state or federal training,rehabilitation, and employment programs who successfully complete a periodof internship or training may be appointed to a permanent position subjectto this chapter after passing a noncompetitive qualifying examination.
(3) The board may, in accordance with the regulations, waivecompetitive examinations for a class or position if* it finds that thesupply of qualified applicants is generally insufficient to justifycompetitive examinations and provide meaningful competition in theselection of employees. A request that competitive examination be waivedfor a particular class or position pursuant to this provision may be madeto the board by the director or an appointing authority. The board shallreview determinations pursuant to this provision at least annually. Uponwaiving such examinations, the regulations of the board shall provide forthe registration and appointment of applicants who present satisfactoryevidence of their qualifications.
(4) Upon the approval of the director in accordance with theregulations of the board, appointing authorities may promote employees onthe basis of a qualifying noncompetitive examination. Such noncompetitivepromotions may be approved in, but are not necessarily limited to,situations in which the promotion represents a normal progression to thenext higher level within an established occupational job series, or wherethe director determines that an employee has been an assistant, understudyor trainee for the position involved or otherwise has had such specificexperience or training that a noncompetitive promotion to the position inquestion is to the best interests of the state service.
(5) Appointing authorities may request, pursuant to regulationsestablished by the board, to conduct alternative promotional procedures forpositions and classes in their divisions of service. The board shallapprove such alternative procedures which it finds to be in keeping withmerit principles and the best interest of the state service. Uponapproval, the appointing authority shall be responsible to conductpromotional procedures in accordance with the board's approval and withoutfavoritism, prejudice or discrimination. The board may withdraw approvalpursuant to this provision if it finds that this responsibility has notbeen met.
(6) Where appropriate, the director may establish registers bylocality for selected classes.
(L. 1945 p. 1157 § 30, A.L. 1953 p. 512, A.L. 1979 H.B. 673, A.L. 1996 H.B. 1146)
No competitive examinations for certain positions, alternativepromotional procedures.
36.210. Other provision of the law to the contrary notwithstanding,special procedures for the examination and selection of personnel areauthorized as follows:
(1) For positions involving unskilled or semiskilled labor, ordomestic, attendant, custodial or comparable work, when the character orplace of the work makes it impracticable to supply the needs of the serviceby appointments made in accordance with the procedure prescribed in otherprovisions of this chapter, the director, in accordance with theregulations, shall authorize the use of such other procedures as thedirector determines to be appropriate in order to meet the needs of theservice, while assuring the selection of such employees on the basis ofmerit and fitness. Such procedures, subject to the regulations, mayinclude the testing of applicants and maintenance of registers of eligiblesby localities; the testing of applicants, singly or in groups, at periodicintervals, at the place of employment or elsewhere, after such notice asthe director considers adequate; the registration of applicants who pass anoncompetitive examination or submit satisfactory evidence of theirqualifications, and appointment of registered applicants; or any variationor combination of the foregoing or other suitable methods. When thedirector finds noncompetitive registration and selection procedures to beappropriate, the director is hereby authorized to delegate to eachappointing authority the responsibility for such registration and forselection and appointment of registered applicants. When such delegationis made, the director shall establish the necessary guidelines andstandards for appointing authorities and shall require such reports andperform such audits as the director deems necessary to ensure compliancewith these guidelines and standards.
(2) The regulations may prescribe the conditions under which interns,trainees, and participants in special state or federal training,rehabilitation, and employment programs who successfully complete a periodof internship or training may be appointed to a permanent position subjectto this chapter after passing a noncompetitive qualifying examination.
(3) The board may, in accordance with the regulations, waivecompetitive examinations for a class or position if* it finds that thesupply of qualified applicants is generally insufficient to justifycompetitive examinations and provide meaningful competition in theselection of employees. A request that competitive examination be waivedfor a particular class or position pursuant to this provision may be madeto the board by the director or an appointing authority. The board shallreview determinations pursuant to this provision at least annually. Uponwaiving such examinations, the regulations of the board shall provide forthe registration and appointment of applicants who present satisfactoryevidence of their qualifications.
(4) Upon the approval of the director in accordance with theregulations of the board, appointing authorities may promote employees onthe basis of a qualifying noncompetitive examination. Such noncompetitivepromotions may be approved in, but are not necessarily limited to,situations in which the promotion represents a normal progression to thenext higher level within an established occupational job series, or wherethe director determines that an employee has been an assistant, understudyor trainee for the position involved or otherwise has had such specificexperience or training that a noncompetitive promotion to the position inquestion is to the best interests of the state service.
(5) Appointing authorities may request, pursuant to regulationsestablished by the board, to conduct alternative promotional procedures forpositions and classes in their divisions of service. The board shallapprove such alternative procedures which it finds to be in keeping withmerit principles and the best interest of the state service. Uponapproval, the appointing authority shall be responsible to conductpromotional procedures in accordance with the board's approval and withoutfavoritism, prejudice or discrimination. The board may withdraw approvalpursuant to this provision if it finds that this responsibility has notbeen met.
(6) Where appropriate, the director may establish registers bylocality for selected classes.
(L. 1945 p. 1157 § 30, A.L. 1953 p. 512, A.L. 1979 H.B. 673, A.L. 1996 H.B. 1146)
