RULES AND REGULATIONS
Title 4--ADMINISTRATION
STATE CIVIL SERVICE COMMISSION
[4 PA. CODE CHS. 91, 93, 95, 97, 99, 101, 105
AND 110]
Act 140 Implementation
[34 Pa.B. 1442] The State Civil Service Commission (Commission), under the authority of section 203(1) of the Civil Service Act (act) (71 P. S. § 741.203(1)), amends Chapters 91, 93, 95, 97, 99, 101, 105 and 110 to read as set forth in Annex A
Omission of Proposed Rulemaking
Under authority of section 204(1) and (3) of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. § 1204(1) and (3)), known as the Commonwealth Documents Law, the Commission has omitted proposed rulemaking. As is more fully explained, proposed rulemaking has been omitted because:
(a) Civil service rules regulate the State-classified service only and are, therefore, either personnel rules or related to agency procedure or practice.
(b) Most of the amendments change existing regulations to conform with the requirements of the act of November 27, 2002 (P. L. 1129, No. 140) (Act 140), which amended the act, or the Americans With Disabilities Act of 1990 (ADA) (42 U.S.C.A. §§ 12101--12213), and are therefore the result of self executing legislation.
(c) The other amendments update Commission administrative practices and procedures with regard to, inter alia, recordkeeping, managing eligible lists and conducting administrative hearings.
(d) Public comment is unnecessary because the amendments are legislatively mandated or reflect established, ongoing agency personnel practices and procedures, or both, and the Commission has already sent copies of the proposed amendments to its client State agencies, solicited their comments and incorporated many of their suggestions, including those forwarded to the Commission by the Office of General Counsel. In addition, under section 208 of the act (71 P. S. § 741.208), the Commission has advertised and held public hearings in Harrisburg (October 14, 2003), in Pittsburgh (October 20, 2003) and in Philadelphia (November 3, 2003) seeking public comment. Despite advertising these meetings and posting the proposed amendments on the Commission's website along with the meeting dates and times, no member of the public appeared to comment at any of these meetings. Therefore, the Commission in good faith has determined that the solicitation of additional public comments is unnecessary.
Description and Reasons for Final-Omitted Rulemaking
The following provisions are affected or added by these amendments:
In § 91.3 (relating to definitions), the definitions of various personnel terminology (''demotion,'' ''permanent position,'' ''probationary period,'' ''promotion,'' ''promotion examination'' and ''temporary position'') have been slightly amended to eliminate confusion or to conform to changes in definitions that were made in Act 140, or both. A definition for ''regular status,'' which was not previously defined in this section, has been added.
Sections 91.4, 95.1a, 95.2, 95.33, 97.3, 97.31, 97.33, 97.37, 97.39, 97.51, 99.11, 99.13, 99.26, 101.21, 101.31, 101.32 and 105.1 are amended expressly to conform to the changes enacted by Act 140.
The amendment to § 93.1 (relating to meetings of Commission) clarifies that the Commission has the authority to reschedule a public meeting upon ''appropriate public notice.''
Section 95.1 (relating to application requirements) is amended expressly to conform to the changes enacted by Act 140 and to satisfy requirements of the ADA.
Section 95.6 is rescinded, as it is not currently being used by the Commission for any classification.
Section 95.7 (relating to promotion procedure) is amended expressly to conform to the changes enacted by Act 140 and to conform to the Commission's present practice and procedure governing the use of the unqualified recommendation for promotion candidates.
Section 95.14 (relating to use of class specifications in examinations) is incidentally amended for clarification only and to satisfy requirements of the ADA.
Section 95.21 (relating to scheduling of examinations) is amended to clarify that the Director has the authority to postpone, cancel and reschedule civil service examinations as necessary.
Section 95.22 (relating to administration and scoring of examinations) is incidentally amended for clarification only.
Section 95.23 (relating to security of competitive standards) is amended to clarify that most civil service testing is by computer and, therefore, paperless.
Section 95.32 (relating to special assistance in recruitment) is amended expressly to conform to the changes enacted by Act 140. Specifically, the requirement that public notices of examinations be disseminated in a particular way for every examination was eliminated by the amendment to section 504 of the act (71 P. S. § 741.504).
Section 95.41 (relating to preservation of examination records) is amended incidentally for clarification and also to conform to current Commission practices and procedures.
Section 95.42 (relating to preservation of examination records) is incidentally amended for clarification and to eliminate confusion. Eligible lists are constantly changing as things are added and removed. This process is done by computer and any eligible list that existed at any point in time is able to be reconstructed electronically thereafter. As formerly worded, § 95.42 implied that there is a single, unified eligible list that results from a single examination. In the age of computerized testing, this is no longer the case.
Sections 95.43 and 95.44 (relating to inspection of examination records; and information regarding unsuccessful candidates) are amended incidentally for clarification. Almost all civil service testing is by computer and, therefore, paperless.
Section 95.51 (relating to eligible lists) is amended to clarify who is a ''successful candidate.'' The previous language of § 95.51 did not define this term adequately.
Section 95.52 is rescinded.
Sections 95.61 and 95.63 (relating to extension and cancellation of eligible lists; and amendment of an eligible list) are amended to clarify that eligible lists are now electronic and are changing constantly.
Section 97.4 (relating to effect of appointment from list) is amended incidentally to eliminate confusion. The amendment is not substantive.
Section 97.12 (relating to rejection of eligibles--passovers) is amended to clarify that an eligible that has three pass overs can immediately reexamine for the position. This conforms to existing practice and procedure of the Commission.
Section 97.13 (relating to removal of eligible) is amended to clarify that there is already in place an established procedure for this process.
Section 97.63 (relating to working out-of-class) is amended to clarify that an employee must already be a member of the classified service to work out-of-class in another position in the classified service. This conforms to Commission practice and procedure.
Sections 99.1, 101.41, 105.3 and 105.11 are amended expressly to conform to the changes enacted by Act 140. The requirement was removed by Act 140.
Section 99.22 (relating to initiation of transfer) is amended to clarify that the form described is no longer printed by the Commission as it is available for downloading and printing from the Internet.
Section 105.13 (relating to form of hearing) is amended to conform to the current practices and procedures of the Commission to utilize a hearing examiner to hear some civil service appeals. The Commission has the authority to employ hearing examiners to conduct its hearings. Bosjak v. State Civil Service Commission, 781 A.2d 1280 (Pa. Cmwlth. 2001).
Section 105.14a (relating to subpoenas) is amended to conform to current Commission practices and procedures in the use of subpoenas. The Commission's authority to issue subpoenas is established by section 209 of the act (71 P. S. § 741.209).
Section 105.14d (relating to prehearing conferences) is added to set forth the Commission's current practices and procedures for holding and conducting prehearing conferences for civil service appeals. The Commission's authority to hold prehearing conferences is provided by 1 Pa. Code § 35.113 (relating to initiation of conferences).
Sections 110.24 and 110.25 (relating to documents which may be furnished without charge; and documents which may not be furnished without charge) are amended to recognize that many ''records'' are now computerized and, therefore, may not necessarily be recorded on ''paper.''
Section 110.28 (relating to records retention) is amended to conform to current Commission practices and procedures under its existing policy on records retention. The modification also clarifies that Commission records may be either in hardcopy or stored electronically.
Paperwork
The final-omitted rulemaking will reduce existing paperwork requirements by eliminating the need for appointing authorities to send unnecessary copies of notices to the Commission.
Fiscal Impact
The final-omitted rulemaking will have no adverse fiscal impact on the Commonwealth or its appointing authorities and should result in cost savings to both the appointing authorities and applicants for civil service examinations.
Regulatory Review
Under section 5.1(a) of the Regulatory Review Act (71 P. S. § 745.5a(a)), on December 22, 2003, the Commission submitted a copy of the final-omitted rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Committees. A copy of this material is available to the public upon request.
Under section 5.1(j.2) of the Regulatory Review Act, on February 11, 2004, the final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on February 12, 2004, and approved the final-omitted rulemaking.
Findings
The Commission finds that:
(1) Public notice of intention to adopt the administrative regulation adopted by this order has been omitted under sections 204(1) and (3) of the act of July 31, 1968 (P. L. 769, No. 240).
(2) The adoption of these amendments by the Commission in the manner provided in this order is necessary and appropriate for the administration and enforcement of the act and Commission regulations appearing in 4 Pa. Code (relating to administration).
Order
The Commission, acting under the authority of the act, orders that:
(a) The regulations of the Commission, 4 Pa. Code Chapters 91, 93, 95, 97, 99, 101, 105 and 110, are amended by amending §§ 91.3, 91.4, 93.1, 95.1, 95.1a, 95.2, 95.7, 95.14, 95.21--95.23, 95.32, 95.33, 95.41--95.44, 95.51, 95.61, 95.63, 97.3, 97.4, 97.12, 97.13, 97.31, 97.33, 97.37, 97.39, 97.51, 97.63, 99.11, 99.13, 99.22, 101.21, 101.31, 101.32, 105.1, 105.3, 105.11, 105.13, 105.14a, 110.24, 110.25 and 110.28; by deleting §§ 95.6, 95.52, 99.1, 99.26, 101.41; and by adding § 105.14d to read as set forth in Annex A.
(b) The Executive Director of the Commission shall submit this order and Annex A to the Office of Attorney General for approval as to legality and form as required by law.
(b) The Executive Director of the Commission shall submit this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(c) This order shall take effect upon publication in the Pennsylvania Bulletin.
RONALD K. ROWE,
Executive Director(Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 34 Pa.B. 1297 (February 28, 2004).)
Fiscal Note: 61-05. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 4. ADMINISTRATION
PART IV. CIVIL SERVICE COMMISSION
Subpart A. RULES OF THE CIVIL SERVICE COMMISSION
CHAPTER 91. GENERAL PROVISIONS § 91.3. Definitions.
Words, terms and phrases, when used in this part, have the meaning in section 3 of the act (71 P. S. § 741.3), unless the context clearly indicates otherwise. In addition, the following terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise:
Act--The Civil Service Act (71 P. S. §§ 741.1--741.1005).
Appointing authority--The officers, board, commission, person or group of persons having power by law to make appointments in the classified service.
Certification--The referral of one or more eligibles by the Director to an appointing authority, in order to fill one or more positions or to take appropriate classification action.
Class or class of positions (also known as jobs)--A group of positions in the classified service which are sufficiently similar in respect to the duties and responsibilities that the same descriptive title may be used for the position, the same requirements as to experience, knowledge, and ability are demanded of incumbents, the same tests of fitness may be used to choose qualified appointees, and the same schedule of compensation may be made to apply with fairness under like working conditions.
Classification plan--A plan consisting of a schedule of class titles and related codes arranged according to a series of classes and occupational services, including class specifications for each class, as approved by the Executive Board.
Commission--The State Civil Service Commission of the Commonwealth.
Demotion--The voluntary or involuntary movement of an employee to a class assigned to a pay range with a lower maximum salary, except as provided for in § 99.41 (relating to effect of reclassifications).
Director--The Executive Director of the Commission.
Eligible--A person whose name is on an eligible list.
Eligible list--An employment list, promotion list, or reemployment list.
Emergency employee--A qualified person hired by an appointing authority to meet an unexpected need and whose tenure will be not more than 60 work days.
Employee--A person legally occupying a position in the classified service.
Employment list--A list of persons who have been found qualified by an entrance examination for appointment to a position in a particular class.
Entrance examination--An examination for positions in a particular class, admission to which is not limited to persons employed in the classified service.
Examination--A test, series of tests, or assessments used to determine the degree to which applicants or employees are qualified for appointment or promotion and includes, but is not limited to, written tests, oral tests, ratings of qualifications, performance tests, medical tests, physical or agility tests, personality or interest inventories, and biographical inventories.
Furlough--The termination of employment because of lack of funds or work.
Intermittent position--A position filled from an eligible list and utilized by an appointing authority on a periodic or recurrent basis.
Leave of absence--A temporary interruption of employment for which the employee is given a specified period of leave without pay for purposes such as illness, school attendance, cyclical employment, military duty or training or employment in a noncivil service position.
Limited term employment--Work that is usually a standard workweek for a specified period of time.
Minimum qualifications--The education, experience, licensure, certification or other requirements which are established in the classification standards for a class and which must be met by applicants or employees seeking appointment or promotion.
Part-time employment--Work that is less than the standard workweek.
Permanent position--A position in the classified service which does not have an expiration date.
Position--A group of current duties and responsibilities assigned or delegated by competent authority requiring the full-time or part-time employment of one person.
Probationary employee--A person serving a probationary period prior to acquiring regular status in a classified service position.
Probationary period--A preliminary period of employment the purpose of which is to determine the fitness of an employee for regular status.
Promotion--The movement of an employee to another class in a pay range with a higher maximum salary.
Promotion examination--An examination for positions in a particular class, admission to which is limited to employees in the classified service.
Promotion list--A list of persons who have been found qualified by a promotion examination for appointment to a position in a particular class.
Provisional employee--A person selected by an accelerated examination program and serving a 6-month working test period prior to the required probationary period.
Qualifier--An employee whose position has been placed in the classified service by proper authority and who will be required to take and pass an examination in order to continue in the position.
Reallocate--To reclassify or to change the classification of a position from one class title and code to another class title and code.
Reassignment--The movement of an employee from one position to another position in the same class or in a similar class for which the employee qualifies at the same maximum salary.
Regular employee--An employee who has been appointed to a position in the classified service under the act after completing the probationary period.
Regular status--Standing achieved by a classified service employee who has successfully completed a probationary period.
Reinstatement--The return to the classified service of a former employee who resigned or otherwise left in good standing.
Removal--The permanent separation from the classified service of an employee who has been permanently appointed.
Resignation--The voluntary termination of employment by an employee, usually evidenced by the employee's written notice.
Rule of three--The requirement that the appointing authority is required to choose from among the three highest-ranking available eligibles in filling a particular vacancy and is therefore entitled to have three eligibles from which to choose. This rule does not prohibit an appointing authority from making an appointment if there are fewer than three available eligibles.
Seasonal employment--Work that may be a standard workweek for a specified part of the calendar year and may be recurring.
Seniority--The amount of time an employee has served in a class or classes in the classified service, calculation and use of which is defined in this part.
Separation--The voluntary or involuntary termination of employment, including temporary termination as in suspension or permanent termination as in removal.
Suspension--The temporary, involuntary separation of an employee.
Temporary employee--A qualified person appointed to a position from an eligible list for a period not to exceed 12 months.
Temporary position--A position in the classified service which arises out of temporary pressure of extra work for a period of 12 months or less.
Trainee--A qualified person appointed or promoted to a class identified as a training level class.
Training period--The period of time prescribed for a trainee class, during which the incumbent receives general or specialized training, or both, upon the successful completion of which the trainee is promoted without further examination to the class for which trained.
Transfer--The movement of an employee from one appointing authority to a different appointing authority.
Unskilled labor--A person occupying or assigned to a position for which the principal job requirement is good physical condition as related to the duties of the particular position.
§ 91.4. Classified service coverage.
(a) Coverage.
(1) Existing and newly established positions in the agencies identified in section 3(d) of the act (71 P. S. § 741.3(d)) shall be in the classified service unless specifically exempted by action of the Commission.
(2) Positions in classes which are or have been determined to be professional or technical by action of the Executive Board, or which are directly or indirectly derived from the classes, shall be in the classified service.
(b) Exemptions.
(1) Requests for exemption of positions from the classified service under section 3(c) of the act shall be submitted in writing to the Director. The Director, after investigation, will recommend approval or denial of the exemption request to the Commission, which will make the final determination of classified service coverage.
(2) Criteria which shall be met for exemption are as follows:
(i) Under section 3(c)(1) of the act. Department heads and deputy department heads are automatically exempt and require no Commission approval. Other positions will be reviewed to determine whether they fully participate in policy development, at the level required for exemption. Factors to be considered include things such as whether: the incumbent regularly and customarily meets with the Department head in formulating the general policies of the Department; the position is considered to be part of the Department's top management team; the position is responsible for recommending or approving policies which govern one or more major program areas having major impact on attainment of the goals and objectives of the Governor or the Department head; the position is expected to exercise discretionary powers in carrying out major agency missions; and the position involves development and advocacy of the agency's legislative programs. In addition, the Commission will consider the position's placement in the organization, lines of authority, reporting relationship within the agency structure, classification standards, the pay level allocated to the position and the independence of action inherent in the position.
(ii) Under section 3(c)(2) of the act. Members of boards and commissions are automatically exempt and require no Commission approval.
(iii) Under section 3(c)(3) of the act. Appointing authorities shall identify and notify the Director, in writing, which positions are designated as personal aides or confidential and provide the Director with a copy of the current job description for each position so identified. Commission approval is not required. Positions exempted under this subsection shall be assigned work as personal aides or assistants and not as program supervisors or managers.
(iv) Under section 3(c)(4) of the act. Appointing authorities shall request exemptions in writing. Justification shall include specific reasons why the position should be excluded from the classified service, as well as the period of time for which the exemption is requested.
(v) Under section 3(c)(5) of the act. Positions in attorney classifications are automatically exempt and require no Commission approval.
(vi) Under section 3(c)(6) of the act. Positions in classes which meet the definition of ''unskilled'' in the act are automatically exempt and require no Commission approval.
(vii) Under section 3(c)(7) of the act. The appointing authority shall identify and notify the Director in writing of the professional positions attached to the department head's office which function in press or public relations, or both, legislative liaison or development of executive policy, and provide the Director with a copy of the current job description for each position so identified. Commission approval is not required.
CHAPTER 93. CIVIL SERVICE COMMISSION AND EXECUTIVE DIRECTOR § 93.1. Meetings of Commission.
(a) The Commission will meet at least once each month, consistent with the act, at its offices in Harrisburg, Pennsylvania, or at other places as will best serve the public interest. Meetings may be cancelled with appropriate public notice.
(b) One member of the Commission will be designated as secretary by the Chairperson.
(c) Not less than 48 hours' notice of the date, time and place of a meeting shall be given to each member of the Commission.
(d) The Director will be responsible for preparing the agenda of the Commission meeting.
(e) Minutes of Commission meetings will be filed and maintained in the executive office of the Commission.
CHAPTER 95. SELECTION OF EMPLOYEES FOR ENTRANCE TO, OR PROMOTION IN, THE CLASSIFIED SERVICE
EXAMINATIONS REQUISITE FOR APPOINTMENT AND PROMOTION § 95.1. Application requirements.
(a) Submission of applications. Applications required of a candidate for entrance to, or promotion in, the classified service, shall be made in a format prescribed by the Director and shall contain a statement made subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities), verifying the truthfulness of all responses contained thereon.
(1) Completeness of application. An application shall be complete. An incomplete application may be rejected.
(2) Timeliness of applications. An application shall be submitted by the date and time if specified in the public notice of examination. An application received or bearing a postmark prior to midnight of the final filing date will be deemed filed within the time limit.
(b) Evidence of merit and fitness. The Director may require an applicant to supply information relevant for determining the possession by the applicant of the minimum requisites for appointment or promotion. The Director may also require an applicant to supply certificates and other appropriate documents from citizens, physicians, public officers, school officials, employers and others having knowledge of the applicant as will be relevant in assessing the applicant's fitness and qualifications for appointment or promotion.
(c) Limitations on inquiry. Limitations shall be as follows:
(1) Except as provided in paragraphs (2) and (3), no questions in the application nor in the examination will require the applicant to provide information concerning the sex, age, race, color, religious creed, ancestry, national origin, political affiliations, labor union affiliations, political opinions or disability, nor will the information be required in another manner by a member, official or employee of the Commission or of an appointing authority in connection with the examination, certification or appointment of an applicant for another purpose.
(2) The Director may make inquiries of an applicant's age or national origin, or both, as is necessary to comply with Federal and State statutes and this part.
(3) The Director may make inquiries of applicants regarding sex, race, age and similar factors, as are necessary to conduct research required to validate selection procedures or to comply with State and Federal regulations on equal opportunity. Applicants shall be informed that response to questions is not mandatory.
(d) Rejection of applicants and disqualification of eligibles. The Director will not be required to examine, nor after examination, to certify an eligible applicant who is found to lack the established or announced requirements for admission to the examination or for appointment from an entrance or promotion list. The Director, with the approval of the Commission, may refuse to examine an applicant, or after examination, to certify an eligible applicant who:
(1) Is addicted to the use of narcotics, or intoxicating beverages when the addiction renders the applicant unable to competently perform the duties of the position sought.
(2) Has been guilty of a crime or of conduct which renders the eligible unfit or unsuitable for the position sought.
(3) Has been dismissed from employment for incompetency or misconduct when the incompetency or misconduct renders the applicant unfit or unsuited for the position sought.
(4) Has a physical or mental disability which renders the applicant unfit or unsuited to perform the essential functions of the position's duties and responsibilities with or without reasonable accommodation.
(5) Has made a false statement, or omitted a material fact, or practiced, or attempted to practice, deception or fraud in application, examination, in securing eligibility, or seeking appointment.
(e) Discretionary acceptance of applications. The Director may authorize the acceptance of applications filed after the announced final filing date if sufficient need exists for additional applicants, and if acceptance is uniformly applied to all applications for the same examination filed on the same date or on an earlier date.
(f) Notice of rejection or acceptance of applications. Whenever an application has been rejected prior to the holding of the examination, notice thereof, with the reasons for the rejection, shall be given to the applicant. Applicants may be admitted to the examination conditioned upon establishing eligibility within a reasonable time after the date of the examination, in which case, notice of the conditional admittance will be given to the applicant involved. Notice of the acceptance of an application or notice to an applicant being admitted to the examination will be given in sufficient time for the applicant to arrange to be at the examination site at the time specified.
§ 95.1a. United States citizenship.
To the extent permitted by law, when all applicants for appointment or promotion to a position in the classified service are equally qualified, the appointing authority will prefer United States citizens over those who are not.
§ 95.2. Residence requirements.
(a) Resident defined. A resident is a person who resides, and who has manifested the intent to continue to reside in this Commonwealth or a former resident of this Commonwealth who meets the criteria in paragraph (2)(i) or (ii).
(1) Evidence of intent to continue to reside in this Commonwealth includes the following:
(i) Rent, lease or purchase of a property which the applicant has made a primary residence in this Commonwealth.
(ii) Payment of State and local taxes.
(iii) Registration of personal property, such as bank accounts, stocks, and bonds and automobiles within this Commonwealth.
(iv) Possession of a current Pennsylvania driver's license.
(v) Current registration to vote in this Commonwealth.
(2) Former residents of this Commonwealth who relocated out-of-State for academic or employment purposes, shall establish Pennsylvania residency within 6 months of beginning employment in the classified service and shall have done one of the following:
(i) Graduated from a public, private or nonpublic secondary school in this Commonwealth within 5 years of applying for a position in the classified service.
(ii) Attended a public, private or nonpublic school in this Commonwealth at least 80% of the time while enrolled in grades one through twelve and attended the school within 5 years of applying for a position in the classified service.
(b) Application. Application requirements are as follows:
(1) Persons appointed, promoted or reinstated to positions in the classified service shall be legal residents of this Commonwealth, unless residency has been waived. The provisions in this paragraph do not apply to persons who previously held regular civil service status and are returned to employment from an approved leave of absence without pay or through mandatory reemployment or contractual recall or placement rights.
(2) The Director, upon submission by an appointing authority of satisfactory justification, may limit certification for appointment or promotion to eligibles who are residents of a county or other administrative district. The limitations will not be imposed for a class for which residence in this Commonwealth has been waived.
(3) In the absence of, or upon exhaustion of, a county or other administrative district list, the Director may certify residents of contiguous counties or districts or of the entire Commonwealth as deemed appropriate by the Director.
(4) If an eligible changes residence from one district or county to another district or county of this Commonwealth, the Director may, upon request, transfer the person's eligibility to the other existing promotion or employment list.
(c) Waiver. When it appears that there is an inadequate supply of well qualified residents of this Commonwealth available for a particular occupation, the Director, upon request by one or more appointing authorities, may waive the residency requirement for a position, a class or a group of classes.
§ 95.6. (Reserved).
§ 95.7. Promotion procedure.
(a) Methods of promotion. Vacancies may be filled by promotion in the following ways:
(1) By appointment of probationary or regular employees of a given appointing authority or between appointing authorities from an appropriate employment list.
(2) By appointment of probationary or regular employees from an appropriate promotion list resulting from a promotional examination.
(3) By appointment of Commonwealth employees of a given appointing authority or between appointing authorities, who appear on an appropriate employment list and who meet eligibility criteria as established by the Director.
(4) By appointment of probationary or regular employees from the next most appropriate promotion list or employment list, if the official promotion or employment lists have been exhausted.
(5) By appointment of regular employees without formal examination, based upon meritorious service and seniority.
(b) Promotion examinations. Examinations shall be as follows:
(1) Except as indicated in this subsection, promotion examinations shall be open to regular or probationary status employees who meet the qualifications and who occupy positions within a lower maximum salary. As determined by the Director, promotion examinations may be limited to employees occupying positions in specified classes.
(2) The Director may, after consultation with the appropriate appointing authorities, establish the length of service required of candidates in the qualifying class or classes for eligibility to participate in promotion examinations.
(3) The Director will have the power to decide whether the promotion examination is to be interdepartmental or intradepartmental.
(c) Promotion without examination. Promotion without examination may be accomplished under the following circumstances:
(1) When a trainee in a lower level training title has successfully completed the prescribed period of training, the trainee will be promoted, without further examination, to the higher level title.
(2) When an appointing authority desires to fill a vacant position by promotion without examination, based on meritorious service and seniority, it may follow one of the following alternatives:
(i) Competitive promotion without examination. The appointing authority shall post the vacancy, consider the eligible employees who express an interest and make the promotion decision based upon an objective review of each employee's meritorious service and seniority. Seniority for this purpose shall be the length of continuous service of an employee in the designated next lower classes if there has been no break-in-service. Eligibility for consideration for the promotion may be limited by the appointing authority to a particular geographic or program area. The posting shall, whenever possible, specify the classes determined to be next lower. Otherwise, the posting shall state that applications will be reviewed to determine if employees previously held regular status or currently hold regular status in a class for which there is a logical occupational, functional or career development relationship to the posted position or if there is a clear linkage between the required knowledges, skills and abilities of the previously or currently held class with those needed for the posted position.
(ii) Noncompetitive promotion without examination. The agency head will insure that the employee meets the experience and training requirements of the higher level position, has regular status, and meets the meritorious service and seniority requirements.
(3) When a classification audit reveals that a position should properly be classified to a higher level, the incumbent of the position will be promoted without examination to the higher level, if the incumbent possesses the established requirements for the higher classification.
(4) When an unskilled position in the unclassified service exists immediately below a vacancy in a position in the classified service, the incumbent of the unskilled position shall be promoted into the classified service position, if the following occur:
(i) The promotion is into a classified service position immediately above the employee's position.
(ii) The promotion is based on seniority and meritorious service.
(iii) The employee meets all of the established requirements for the higher position.
(iv) The employee satisfactorily completes a 6-month probationary period in the classified service position.
(v) A promotion shall be possible only within agencies provided full classified service coverage and listed in section 3(d) of the act (71 P. S. § 741.3(d)).
(5) When there is a labor agreement covering the positions to which employees are to be promoted, the terms of the agreement as to promotion procedures shall be controlling.
(d) Eligibility for promotion. An employee whose last regular or probationary performance evaluation is unsatisfactory or otherwise fails to meet standards, will be disregarded for appointment or promotion from any list and will not be eligible for promotion without examination.
NATURE OF EXAMINATIONS § 95.14. Use of class specifications in examinations.
(a) Basis for examinations. The classification standards for a class, as adopted by the Executive Board, shall constitute a primary basis and source of authority for the content and level of difficulty of the examinations for the class and for the evaluation of the qualifications of applicants for examinations. Supplemental job information, obtained through job analysis, may be used as a further basis for examinations and evaluation standards. The examination content for classes peculiar to one agency shall be discussed with the appointing authority. In cases of difficult recruitment, the Director, with the cooperation of the appointing authority, may use discretion in interpreting minimum experience and training and in accepting equivalent experience and training.
(b) Implied qualifications. Qualifications commonly required of all employees shall be implied, even though not specifically set forth in the classification standards, as follows:
(1) Freedom from physical or mental defects which would render the employee unfit for competent performance with or without reasonable accommodation.
(2) Good moral character, honesty, sobriety, industry, loyalty and dependability.
(3) Possession of a valid appropriate driver's license, when driving or parking motor vehicles is necessary to carry out work assignments.
(4) Possession of suitable instruments, tools or equipment when they are customarily furnished by the employee in a profession, skilled trade or other occupation.
(5) Residence, sex and similar qualifications imposed by law or rule.
(c) Lines of promotion. Lines of promotion, when indicated in the classification standards, will not be considered as barring other lines of promotion, unless so specified in the public announcement of examinations.
CONDUCTING EXAMINATIONS AND RATING COMPETITORS § 95.21. Scheduling of examinations.
(a) The Director, in authorizing the times and places of examinations, will give due consideration to the convenience of the candidates, consistent with the needs of the service.
(b) The Director will establish and notify candidates of procedures for rescheduling and retesting when appropriate.
(c) The Director may authorize postponement, cancellation or rescheduling of examinations.
§ 95.22. Administration and scoring of examinations.
(a) Administrators. The Director will appoint and fix the compensation of test administrators, proctors and other assistants required to administer examinations.
(b) Notice of examinations. A candidate will be notified of admittance or nonadmittance to examinations. Applicants shall be given a delayed examination in place of the one for which they failed to appear if the failure to appear was caused by an act or omission of the Commission's staff. Delayed examinations also may be authorized for other appropriate reasons.
(c) Cancellation of part of an examination. Whenever the Director finds that it is impracticable or unnecessary, for reasons which shall be made part of the examination record, to hold any part of a multipart examination the Director may cancel that part or parts and reassign the weights, in an equitable manner, to the remaining part or parts.
(d) Retaking examination. A candidate may be permitted to retake an examination. Standing on an eligible list will be determined by the score received on the most recent examination.
§ 95.23. Security of competitive standards.
(a) Maintenance of competitive conditions. The Director will establish appropriate procedures to insure that all applicants for an examination are given equal opportunity to demonstrate their relative merit and fitness.
(1) The Director will establish proper precautions to prevent an unauthorized person from securing in advance questions or other materials to be used in a test, unless the questions or materials are available to all applicants.
(2) When the conditions under which a test is held have materially impaired its competitive nature or worth in assessing qualifications, the Director will order that the tests or appropriate sections thereof, if severable, be cancelled. New tests or parts of tests may be substituted therefore, if possible.
(b) Anonymity of candidates. The Director will establish appropriate procedures to insure that the identity of candidates in all competitive tests do not adversely affect the objective rating or scoring of the candidates' examinations.
(c) Cheating on examinations or seeking undue advantage. The Director will disqualify an applicant who impersonates another or has another person impersonate the applicant in connection with an examination, or who uses or attempts to use unauthorized aids or assistance, including copying or attempting to copy from or helping or attempting to help another applicant in any part of an examination, or who otherwise seeks to attain undue advantage for himself or others in connection with the examination. In addition, the Director will refer these cases to the Commission for determination of possible violations of sections 902 and 903 of the act (71 P. S. §§ 741.902 and 741.903).
(d) Examination materials. A candidate in an examination may not copy, record or transcribe an examination question or answer, or remove from the examination room a question sheet, answer sheet or booklet, scrap papers, notes or other papers or materials related to the content of the examination. A candidate will be notified of these requirements, and no examiner, proctor, monitor or other person charged with the supervision of a candidate or group of candidates will have authority to waive it. The Director may disqualify a candidate or refuse to certify an eligible person who violates this section. In addition, the Director will refer these cases to the Commission for determination of possible violations of sections 902 and 903 of the act.
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