§ 602a.26. Removal of eligible from eligible list.
(a) Request for removal of eligible from eligible list. A request for removal of an eligible’s name from an established or certified eligible list is subject to the following:
(1) A request for removal of an eligible’s name from an established or certified eligible list shall be promptly raised by the appointing authority.
(2) An appointing authority requesting removal of an eligible’s name from an established or certified eligible list shall submit a written request for removal to the Office of Administration, which shall include the basis for the request and all supporting documents that were relied upon by the appointing authority to determine that the eligible’s name should be removed.
(3) A request for removal of an eligible’s name from an established or certified eligible list must be based upon merit-related criteria.
(4) On the same date an appointing authority submits to the Office of Administration a request for removal of an eligible’s name from an established or certified eligible list, the appointing authority shall send a copy of the request for removal, including all supporting documents provided to the Office of Administration, to the eligible. The copy of the request for removal sent to the eligible must include specific instructions on how to respond to the request for removal, as set forth in subsection (b).
(b) Eligible’s opportunity to respond. An eligible may, within 10 calendar days from the mailing date of the appointing authority’s request for removal of the eligible’s name from an established or certified eligible list, submit a written response to the Office of Administration, including any supporting documents. The eligible shall send a copy of the response and supporting documents to the appointing authority on the same date the response is submitted to the Office of Administration.
(c) Removal. The Office of Administration will grant an appointing authority’s request to remove an eligible’s name from an established or certified eligible list only where removal is warranted by merit-related criteria and is consistent with the merit system principles set forth in the act and this subpart. If a request for removal of an eligible’s name from an established or certified eligible list is granted by the Office of Administration, the eligible’s name will be removed from the appropriate list or lists for a period of time as determined by the Office of Administration, and the appointing authority will not be required to consider the eligible for appointment or promotion.
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