Subchapter G. APPOINTMENT AND PROMOTION OF ELIGIBLES FROM CERTIFIED ELIGIBLE LISTS
Sec.
602a.24. Rule of three and alternate rule.
602a.25. Assessment of eligibles.
602a.26. Removal of eligible from eligible list.
602a.27. Prohibition against securing withdrawal from competition.§ 602a.24. Rule of three and alternate rule.
(a) Rule of three. Unless an appointing authority elects to use an alternate rule, the rule of three shall apply when selecting an eligible for appointment or promotion from a certified eligible list.
(b) Alternate rule. An appointing authority may elect to use an alternate rule when selecting an eligible for appointment or promotion from a certified eligible list, in accordance with the act and this subpart.
(1) An appointing authority shall notify the Office of Administration of its election to use an alternate rule when requesting to post a vacancy.
(2) An appointing authority electing an alternate rule may not use an alternate rule unless notification has been received by the Office of Administration, as required in paragraph (1), and the Office of Administration has acknowledged the election of an alternate rule, in writing.
(3) The Office of Administration reserves the right to reject an appointing authority’s election of an alternate rule if it appears the use of the rule is designed to circumvent merit system principles as set forth in the act and this subpart.
(c) Multiple vacancies. During the process of making multiple appointments or promotions from a single certified eligible list, the appointing authority shall follow the same procedure, as set forth in subsections (a) and (b), for each appointment or promotion made.
§ 602a.25. Assessment of eligibles.
An appointing authority may conduct an interview or otherwise assess relative suitability for appointment or promotion of a certified eligible, but the assessment must be based on merit-related criteria and be conducted in accordance with the act and this subpart.
§ 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.
§ 602a.27. Prohibition against securing withdrawal from competition.
An eligible may not influence another eligible to withdraw from competition for a position in the classified service, nor may a waiver of another eligible’s rights or availability be solicited for the purpose of either improving or impairing an eligible’s prospects for appointment or promotion. The Office of Administration may take appropriate action in accordance with the act whenever it finds that an eligible has violated this section.
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