Title 530
Office of Personnel Management
Chapter 10 -- Merit System of Personnel Administration Rules
(OPM Full Text As Amended July 1, 2012 -- UNOFFICIAL)
SUBCHAPTER 9. RECRUITMENT AND SELECTION
PART 1. GENERAL PROVISIONS
Section
530:10-9-1. Purpose
530:10-9-2. [RESERVED]
530:10-9-3. Selection procedures
530:10-9-4. Announcements
530:10-9-5. Applications
530:10-9-6. Establishment of minimum qualifications
530:10-9-7. Certification of qualifications by appointing authority [REVOKED]
530:10-9-8. [RESERVED]
530:10-9-9. Disqualifications
530:10-9-10. Required certification of qualifications before promotions, demotions, transfers and reinstatements
530:10-9-11. Examination records [REVOKED]
530:10-9-12. [RESERVED]
530:10-9-13. Error in certification, scoring, or recording applicant information
PART 3. WRITTEN AND PERFORMANCE TESTS
530:10-9-30. [RESERVED]
530:10-9-31. Scheduling [REVOKED]
530:10-9-32. Proficiency certificates
530:10-9-33. Licensure
530:10-9-34. Degree requirements [REVOKED]
530:10-9-35. Testing for promotions, demotions, transfers and reinstatements
530:10-9-36. [RESERVED]
530:10-9-37. Repeating examinations
530:10-9-38. Reviewing examinations
530:10-9-39. Identification numbers
530:10-9-40. Test results
PART 5. REGISTERS
530:10-9-50. Establishment of registers
530:10-9-51. Duration of registers; periods names may remain on registers
530:10-9-52. Removal of names from registers
530:10-9-53. [RESERVED]
530:10-9-54. Restoration of names to registers [REVOKED]
530:10-9-55. Statement of availability
PART 7. CERTIFICATION
530:10-9-70. Request for certification
530:10-9-71. Certification methods
530:10-9-72. Certification of eligible who refused appointment because of salary [REVOKED]
530:10-9-73. Omission of name after 3 considerations [REVOKED]
530:10-9-74. Selective qualifications
530:10-9-75. Certification of alien applicants
530:10-9-76. Life of certificate
PART 9. CLASSIFIED APPOINTMENTS
530:10-9-90. [RESERVED]
530:10-9-91. Filling vacancies
530:10-9-92. Appointments from certificates
530:10-9-93. Appointment notification [REVOKED]
530:10-9-94. Time limits for entering on duty
530:10-9-95. Appointments to noncompetitive classes
530:10-9-96. Project indefinite appointments
530:10-9-97. [RESERVED]
530:10-9-98. [RESERVED]
530:10-9-99. Fair employment practices appointments
530:10-9-100. Persons With Severe Disabilities Employment Program
530:10-9-101. [RESERVED]
530:10-9-102. Reinstatement to the classified service
530:10-9-103. No previous Merit System status [REVOKED]
PART 11. DIRECT HIRE AUTHORITY
530:10-9-110. Purpose
530:10-9-111. Definitions
530:10-9-112. Scope of direct hire authority
530:10-9-113. [RESERVED]
530:10-9-114. Application for direct hire authority
530:10-9-115. Duration of direct hire authority
530:10-9-116. [RESERVED]
530:10-9-117. Concurrent certification by the Office of Personnel Management
530:10-9-118. Reporting and recordkeeping
530:10-9-119. [RESERVED]
530:10-9-120. Correction of errors
530:10-9-121. Audit and termination of direct hire authority
530:10-9-122. [RESERVED]
530:10-9-123. Expedited recruitment
PART 13. VETERANS PREFERENCE
530:10-9-130. Veterans preference on lists of eligibles
530:10-9-131. Pass for cause of an absolute preference veteran
530:10-9-132. Opening closed registers for veterans
[Authority: Sections 840 1.6A, 840-4.11, 840-4.12, 840-4.13 and 840-4.14 of Title 74 of the Oklahoma Statutes]
PART 1. GENERAL PROVISIONS
530:10-9-1. Purpose
The purpose of the rules in this Subchapter is to establish policies and procedures for the recruitment of qualified persons, including the administration of valid job-related nondiscriminatory selection procedures providing for competitive examinations . . . and for other reasonable selection criteria [74:840 1.6A(6)]; for the referral of capable candidates for vacancies . . . and the employment of individuals on other types of appointments as necessary [74:840 1.6A(8)]; and for impartial consideration of applicants for employment [74:840 1.6A(3)].
530:10-9-2. [RESERVED]
530:10-9-3. Selection procedures
(a) Selection procedures may consist of written tests; ratings of training and experience; performance tests; physical, educational, and work experience requirements; interviews; oral examinations; application forms and any other type of examination.
(b) When a job requires a written test, the Administrator shall administer tests to applicants or employees with disabilities that impair sensory, manual, or speaking skills in formats that do not require the use of the impaired skill, if the applicant or employee notifies the Administrator before the test is administered.
(c) Before appointment, applicants may be required to pass a physical examination specified by the Appointing Authority when requirements of the job demand specific physical condition or capabilities. Such physical examinations shall be uniform in nature and applied to all persons in that job within the agency. The responsibility for administering the physical examinations lies with the Appointing Authority.
530:10-9-4. Announcements
The Administrator shall make public announcements of all entrance examinations in advance of the issuance of certificates. Such announcement shall include the waiting period between the date of the announcement and the release of names of eligible applicants to the appointing authority. An announcement may state the duties and salaries of positions in the jobs for which examinations are to be held; the qualifications required for admission to examinations; the time, place and manner of application; the proposed relative weights to be given the parts of the examination; and such other information as the Administrator may consider pertinent and useful.
530:10-9-5. Applications
An application for employment shall be made on a form prescribed by the Administrator and shall be considered part of the examination. The application form solicits information from the applicant regarding residence, veterans preference, education, training, experience and other eligibility information. The form may also ask for demographic information, such as race, sex, and ethnicity, for statistical analysis and state and federal record keeping and reporting requirements. Demographic information may also be used for special employment programs specifically authorized by law. Information provided by applicants shall be subject to verification. All applications shall be signed in writing or by electronic signature by the applicant certifying the truth of all statements he or she made in the application. Applications must be filed with the Office of Personnel Management on or before the closing date specified in the announcements or postmarked before midnight on that date.
530:10-9-6. Establishment of minimum qualifications
The minimum qualifications established for each job family level shall constitute the entrance requirements for admission to examinations for classified positions. If an academic requirement will be met within 1 semester or term, an applicant may be admitted to an examination and certified for employment with the condition that the applicant shall meet all requirements for the job at the time he or she reports for duty with an agency.
530:10-9-7. Certification of qualifications by appointing authority [REVOKED]
530:10-9-8. [RESERVED]
530:10-9-9. Disqualifications
(a) Except as provided in 530:10 9 131, an Appointing Authority or the Administrator may permanently or temporarily refuse to certify, disqualify or remove a person's name from a register if:
(1) the person lacks any of the education, experience, or certification requirements for the job.
(2) the person lacks any other requirement established by Oklahoma statute or federal law for the job.
(3) the person fails any part of an Appointing Authority’s background investigation.
(4) the person made a false statement of material fact in an application for employment or otherwise misrepresented himself or herself during the application process.
(5) the person has used or attempted to use political pressure or bribery to secure an advantage in the examination or appointment process.
(6) even with reasonable accommodation, the person is unable to perform the duties of the job or position(s) or is unable to do so without risk to himself or herself, the agency, or others, beyond that risk normally associated with such duties.
(7) the person has obtained information regarding examinations to which an applicant is not entitled, or the person has taken part in the development, administration, or correction of the examinations.
(8) the person is in possession of unauthorized materials or electronic device during an examination.
(9) the person has failed to submit an application correctly or within the prescribed time limits.
(10) the person has failed to maintain a record of current address at the Office of Personnel Management as evidenced by the return of a letter by the U.S. Post Office, if properly addressed to the last address of record.
(11) the person has, within 2 years prior to the date of certification, been discharged for delinquency, misconduct, absenteeism, inability to perform the same type job for which applying or other disciplinary reason or has resigned in lieu of such dismissal from any public or private employer. The Appointing Authority may extend the 2-year restriction for good cause.
(12) the agency has exercised a selective qualification as established in 530:10 9 74.
(13) an individual is ineligible for employment due to citizenship or residence requirements as prescribed in 530:10 9 75.
(b) Action initiated by an Appointing Authority under (a)(1), (a)(7), and (a)(9) of this Section shall be subject to the approval of the Administrator. Any person who is disqualified shall be notified in writing of this action and the reason for it. At the appropriate time, the Administrator shall notify an individual of the right to appeal. The party initiating the action, whether the Administrator or an Appointing Authority, shall be independently responsible for justifying the action, for both the nature and accuracy of the supporting information, and for the retention of that information pending appeal of the action.
530:10-9-10. Required certification of qualifications before promotions, demotions, transfers, and reinstatements
(a) The Administrator shall certify that a candidate meets the necessary job qualifications of a job family level in the classified service for the purpose of allowing the candidate to be appointed. Subsections (b), (c), and (d) of this Section describe exceptions to these requirements. The Appointing Authority shall use a form made available by, or accepted by, the Administrator to request certification of qualifications. The form solicits information about the candidate’s qualifications.
(b) An employee who is demoted shall meet the minimum qualifications of the lower job to which he or she is demoted unless the demotion is to a job:
(1) within the same job family, or
(2) in which the employee previously has had permanent status, or
(3) in the same job family as and below one in which he or she previously has had permanent status.
(c) Career progression promotions shall be exempt from subsection (a). The exception shall apply only after an employee has been in a lower level of the job family for an amount of time equal to the difference in the lengths of the experience requirements of the two levels. This exception shall not apply in any case to entry into a job family or where the next higher level is a supervisory position.
(d) The Administrator may delegate certification of qualifications to an Appointing Authority according to a written agreement made under Section 840 1.15 of the Act and the rules in Part 3 of Subchapter 1 regarding delegation of human resources functions.
530:10-9-11. Examination records [REVOKED]
530:10-9-12. [RESERVED]
530:10-9-13. Error in certification, scoring, or recording applicant information
An error in certifying, scoring, or recording applicant information, which affects the relative ranking or application status of an applicant for initial or internal appointment, shall be corrected. The error shall be corrected by the Administrator, or if the error was made by an Appointing Authority to whom the Administrator has delegated certification of qualifications, the error shall be corrected by that Appointing Authority. The correction shall not affect a good faith offer of appointment already made that is otherwise in accordance with the Act and the Merit Rules. The Appointing Authority who corrects an error shall promptly notify the Administrator of the correction.
PART 3. WRITTEN AND PERFORMANCE TESTS
530:10-9-30. [RESERVED]
530:10-9-31. Scheduling [REVOKED]
530:10-9-32. Proficiency certificates
(a) The Administrator shall accept certificates of proficiency issued within the last 12 months by accredited private or public schools, colleges, or the Oklahoma Employment Security Commission in lieu of typing and key entry tests [74:840 4.12]. The proficiency certificate solicits information about the applicant, the typing and/or key entry test upon which the applicant has demonstrated proficiency, and the name and address of the certifying official and agency or school.
(b) The proficiency certificate shall be based on the results of a performance test which is comparable to the Office of Personnel Management performance test for the same job.
530:10-9-33. Licensure
If required to be ranked, applicants who have been previously tested and are currently licensed by the State of Oklahoma, shall be rated (ranked) according to training and experience when applying for jobs that require such testing and licensure [74:840 4.12].
530:10-9-34. Degree requirements [REVOKED]
530:10-9-35. Testing for promotions, demotions, transfers and reinstatements
Examinations for promotion, demotion, transfer, and reinstatement shall not be required unless specified in the agency's promotional plan.
530:10-9-36. [RESERVED]
530:10-9-37. Repeating examinations
(a) A person with a current and qualifying application may repeat a multiple-choice test 182 days from the original test date. A performance test may be repeated daily for as long as an applicant has a current and qualifying application that requires the performance test.
(b) The repeat interval for a written or performance test shall apply to both entrance and promotional examinations. The most recent, valid score on a written test will be used. An applicant may request to be certified with a score on a performance test other than the most recent one, provided that the score requested on a test is consistent with guidelines issued and made public by the Administrator. Otherwise, the examination is considered void.
530:10-9-38. Reviewing examinations
Applicants shall be entitled to inspect their own rating and examination papers maintained in the Office of Personnel Management up to 30 days after the date of the examination. Such inspection shall be permitted only during regular business hours at the Office of Personnel Management and shall include only those materials which would not compromise the security of the selection procedure. Any person who reviews an examination may not participate in the same examination for one year from the date of the review.
530:10-9-39. Identification numbers
An identification number shall be used to identify all test materials of each applicant.
530:10-9-40. Test results
Applicants who take an examination shall be notified electronically of the results. Applicants who have not provided an e-mail address shall be notified in writing.
PART 5. REGISTERS
530:10-9-50. Establishment of registers
The Office of Personnel Management shall establish and maintain registers as necessary to provide an adequate supply of qualified eligibles for positions in the classified service. The names of such persons shall be placed on the register in the order of their final score except as provided by law for veterans. Registers shall not be open for public inspection.
530:10-9-51. Duration of registers; periods names may remain on registers
(a) The Administrator shall determine the duration of each register. After notice to affected eligibles, the Administrator may abolish a register or may shorten or extend the time that an eligible’s name may remain on a register.
(b) If an eligible’s name is not removed from a register under subsection (a) of this Section or other provisions of the Merit Rules, that eligible’s name may remain on the register for a specific class for a period consistent with guidelines issued and made public by the Administrator and applied uniformly to all applicants. Subsequent applications for a job will be accepted only if the register for that job is open for recruitment.
(c) An applicant’s name shall not appear on any register on the basis of a void examination as defined in 530:10-9-37.
530:10-9-52. Removal of names from registers
(a) In addition to the reasons set forth in 530:10-9-9, when a written request which states the reason for such action is received from an Appointing Authority or based upon an action of the Office of Personnel Management, the Office of Personnel Management may temporarily or permanently remove an eligible from a register for any of the following reasons:
(1)Removal requested by eligible applicant.
(2) Appointment through certification to fill a permanent position in the same job.
(3) Failure to respond within 7 calendar days exclusive of the date of mailing of a written inquiry by the Appointing Authority relative to availability for appointment. Such inquiry shall include the date and time by which the eligible must contact the Appointing Authority.
(4) Failure to respond within 72 hours to an electronic message from the Appointing Authority relative to availability for appointment. Such inquiry shall include the date and time by which the eligible must contact the Appointing Authority and must be sent to the contract information provided by the eligible.
(5) Failure to appear for a scheduled interview.
(6) Declination of further consideration for selection.
(7) Declination of appointment.
(8) Failure to report for duty within the time specified by the Appointing Authority. (See 530:10-9-94.)
(9) Abolition of register by the Office of Personnel Management.
(b) Any person so affected shall be notified of this action and the reason for it.
530:10-9-53. [RESERVED]
530:10-9-54. Restoration of names to registers [REVOKED]
530:10-9-55. Statement of availability
It shall be the responsibility of eligibles to notify the Office of Personnel Management of any change in address or other change affecting availability for employment. Whenever an eligible notifies the Office of Personnel Management of conditions which restrict his or her availability or limit the locations where employment will be accepted, the eligible's name shall be withheld from all certificates which do not meet the stated conditions and locations. At any time, an eligible may file a new statement of conditions under which he or she will be available for employment.
PART 7. CERTIFICATION
530:10-9-70. Request for certification
When a new employee is needed to fill a vacancy in a classified position, the Appointing Authority may submit a request for certification to the Office of Personnel Management. The Appointing Authority may submit such a request only after the position has been allocated. The request shall include information necessary in order to issue a certificate, such as job family level and code, type of job, location of work, and certification method requested by the Appointing Authority. With the approval of the Administrator, the Appointing Authority may request certification as provided in 530:10 9 71.
530:10-9-71. Certification methods
(a) Availability. The Administrator shall issue certificates which include the names of eligibles whose statements of availability and qualifications match the conditions of employment specified by the Appointing Authority on the request for certification.
(b) Work location.
(1) If the work location is in the central state offices of an agency, the Administrator shall certify available eligibles on the basis of register rank only.
(2) The Administrator may certify all eligibles on a register, regardless of availability, if the conditions of employment are the same for all positions in that job family within the agency.
(3) When filling vacancies outside the agency’s central state office, an Appointing Authority may request that the Administrator issue a local certificate. A "local certificate" is a subset of eligible applicants on a register who are residents of the locality, i.e., the county where the local office is located or said county and adjacent counties or a group of contiguous counties comprising a service area of an agency [74:840 4.13], and whose conditions of availability for a job correspond to those of the vacant position. On a local certificate, eligible applicants from the locality are ranked by examination score, including any awards of veterans preference, and are certified ahead of other available applicants who live outside the locality.
(c) Number of names. After receiving a request, the Administrator shall issue a certificate to the Appointing Authority. The certificate shall include the names of the top 10 available eligibles on the register for a job, plus anyone who is tied with the lowest ranked eligible within the hiring rule [74:840 4.13. At the request of the Appointing Authority, the Administrator may also issue additional names to be considered in accordance with 530:10 9 92.
530:10-9-72. Certification of eligible who refused appointment because of salary [REVOKED]
530:10-9-73. Omission of name after 3 considerations [REVOKED]
530:10-9-74. Selective qualifications
Selective qualifications are job-specific requirements authorized by the Administrator for positions within a particular job family which are consistent with the duties and responsibilities of the particular position being filled. These qualifications may include special experience, education, or measurable competency in a non-English language. When requesting a certificate for a job family, an Appointing Authority may, upon written request to and approval by the Administrator, use any OPM-approved selective qualifications for that job for filling a particular position within that job family. Selective qualifications approved by the Administrator for any job or position shall not reduce or add to the quantity of experience or education in the minimum qualifications established for that job family level.
530:10-9-75. Certification of alien applicants
An eligible who is not a citizen of the United States and who is certified to an agency for employment under conditions which the applicant cannot legally accept, may be passed for cause.
530:10-9-76. Life of certificate
If an appointment is not made within 90 calendar days of the date a certificate is issued, such certification shall be voided.
PART 9. CLASSIFIED APPOINTMENTS
530:10-9-90. [RESERVED]
530:10-9-91. Filling vacancies
All vacancies in classified positions shall be filled as provided by the Oklahoma Personnel Act and the Merit Rules. All appointments shall be made at a hiring rate established for the job as provided in the agency's salary administration plan. No appointment shall be made to any classified position nor shall the position be otherwise encumbered until the position has been allocated in accordance with the Act and the Merit Rules.
530:10-9-92. Appointments from certificates
After receipt of a certificate, the Appointing Authority may consider and select anyone whose name is within the hiring rule, i.e. the top 10 available eligibles, or anyone whose name is tied with the lowest ranked eligible within the hiring rule [74:840 4.13]. In selecting persons from among those certified, the Appointing Authority shall have the right, and is encouraged to examine applications, reports of investigations and interview eligibles.
(1) The Appointing Authority shall not deny employment to, and pass over, an available Absolute Preference Veteran except as provided in the Act and this Section and in 530:10 9 131.
(2) The Appointing Authority may give preference in all cases to persons who have resided in Oklahoma for at least 1 year prior to the date of examination [74:840 4.13].
(3) The Appointing Authority need not consider any eligible who is currently in probationary status in the classified service, or permanent status with that agency in a job with the same or a higher pay band assignment.
(4) The Appointing Authority may take action to remove eligibles from consideration only as permitted and provided in the statutes or Merit Rules.
(5) If the Administrator has certified the names of eligibles in addition to those within the hiring rule, and if 1 or more eligibles initially within the hiring rule are removed from consideration in accordance with the Merit Rules, then the next lower eligible(s) may be added to fill in the hiring rule and anyone tied with the lowest such eligible may be considered and selected.
(6) The Appointing Authority is responsible for making the final selection.
530:10-9-93. Appointment notification [REVOKED]
530:10-9-94. Time limits for entering on duty
An eligible shall be given at least 14 calendar days to report to work. The time permitted, in excess of 14 calendar days, shall be at the discretion of the Appointing Authority, with periods in excess of 30 days approved by the Office of Personnel Management. Eligibles who are unable to report for duty within the time specified by the Appointing Authority will be deemed to have declined the appointment and their names will be removed from the register.
530:10-9-95. Appointments to noncompetitive classes
(a) An Appointing Authority of an agency having unskilled, semi-skilled, or similar jobs designated by the Administrator as noncompetitive, may appoint qualified veterans or non-veterans to such jobs in accordance with 530:10 9 71 and 530:10 9 92.
(b) On certificates issued for noncompetitive jobs, an Appointing Authority may appoint persons not certified by the Office of Personnel Management if the scores of such persons would place them within the hiring rule among those certified. An Appointing Authority shall not deny employment to, and pass over, an Absolute Preference Veteran except as provided in the Act, 530:10 9 92, and 530:10 9 131.
(c) Applicants for such positions may apply directly to agencies having such positions. Records of applicants shall be maintained by the Appointing Authority in accordance with U.S. Equal Employment Opportunity Commission's guidelines. The Appointing Authority shall notify the Office of Personnel Management of a noncompetitive appointment and enclose a completed application within 30 calendar days after the appointment.
530:10-9-96. Project indefinite appointments
If the staff of an agency increases as a result of a project contract with another governmental agency or special purposes grant funds, the Appointing Authority shall select such personnel in accordance with 530:10 9 92. These persons shall be informed in writing at the time of appointment as to the terms and conditions of the appointment and the specific contract or grant funding this position. This information will be forwarded to the Office of Personnel Management with the appointment certification. These employees will be appointed for a regular probationary period and upon successful completion of such period shall be subject to all conditions, and eligible for all benefits, set forth in these Rules for permanent employees except that should the project be canceled or completed in less than 3 years, probationary and permanent Project Indefinite Appointment employees shall be released before regular probationary and permanent employees. Such action shall be subject to reduction-in-force in accordance with 530:10 13 3. Only upon completion of 3 years of Project Indefinite Appointment status, shall these employees become permanent career employees. No employee shall be maintained on a Project Indefinite Appointment for more than 3 years.
530:10-9-97. [RESERVED]
530:10-9-98. [RESERVED]
530:10-9-99. Fair employment practices appointments
(a) This Section establishes procedures for the application of the optional hiring procedure authorized by the Fair Employment Practices Act (FEPA), Section 840 4.12(H)of the Oklahoma Personnel Act, to employ females, blacks, Hispanics, Asian/Pacific Islanders and American Indians/Alaskan natives [74:840 4.12(H)(2)].
(b) An Appointing Authority intending to use the optional FEPA hiring procedure shall indicate that intention on a request for certification along with the targeted group, i.e., gender or race/ethnic category. An FEPA certification shall include a regular certificate with the availability of eligibles and ranking of names determined in accordance with the regular methods described in 530:10 9 71, Certification methods. An FEPA certification shall also include a separate list of the names of the top 10 available members of the targeted group. The Administrator may also include additional names as alternates. The names on this separate list shall be a subset of the regular certificate, and the names on it shall be ranked in the same order as on the regular certificate. If an Appointing Authority has targeted more than one group, a separate list shall be included for each group.
(c) If the Appointing Authority makes one or more appointments using an FEPA certification, each appointment shall be in accordance with either 530:10 9 92 or the optional FEPA hiring procedure authorized by Section 840 4.12 (I)(H) of the Oklahoma Personnel Act.
530:10-9-100. Optional Program for Hiring Applicants with Disabilities
(a) Appointing Authorities may employ persons with severe disabilities who are legal residents of Oklahoma through the Optional Program for Hiring Applicants with Disabilities ("Program") [74:840-4.12]. Program participants shall meet all minimum qualifications of education and experience, but shall be exempt from entrance examinations and hiring procedures administered by the Office of Personnel Management [74:840-4.12]. Program participants shall be certified as having disabilities in accordance with the standards and procedures in subsection (b) of this Section [74:840-4.12]. Persons with severe disabilities are not required to participate in this Program, and they may elect to be considered for employment through regular selection procedures [74:840-4.12].
(b) The Department of Rehabilitation Services shall certify an applicant as having disabilities according to the definition for "individual with severe disability" in OAC 612:10-1-2, which the Administrator has established as the standard for disability certification, and shall provide electronic or written verification to the applicant and to the Office of Personnel Management..
(c) The Administrator shall give each Program applicant certified according to (b), a letter of notification of all job family levels for which the applicant has applied and possesses the minimum qualifications of education and experience.
(d) Letters of notification as described in (c) shall be valid for an initial 12-month period. Applicants may renew eligibility every 12 months by reapplying with the Office of Personnel Management.
(e) An applicant for the Program may apply directly to employing agencies. In order to be eligible for appointment to fill a vacant position, an applicant shall be a legal resident of Oklahoma. The applicant shall submit to the Appointing Authority of the employing agency a current letter from the Administrator as described in subsections (c) and (d) indicating the applicant possesses the qualifications of education and experience for the vacancy.
(f) Persons with severe disabilities hired pursuant to this Program shall be subject to the Merit Rules [74:840-4.12].
530:10-9-101. [RESERVED]
530:10-9-102. Reinstatement to the classified service
(a) A permanent employee who leaves the classified service is eligible for reinstatement for a period of time equal to the total period of service in a probationary and subsequently permanent status. Previous part-time employment shall be prorated.
(b) If a permanent employee leaves a classified position to accept a regular unclassified position within 30 calendar days, the period of time the person is eligible for reinstatement shall begin on the date the employee is separated from the unclassified service. The unclassified service shall not add to the period of time the person is eligible for reinstatement.
(c) If an Appointing Authority elects to appoint a person who is eligible for reinstatement, the person shall be certified according to 530:10 9 10. A test may be required under 530:10 9 35 before his or her reinstatement.
(d) The Appointing Authority may place the person in probationary status with the agency for the maximum period required for original appointments or for a shorter period. The Appointing Authority may not extend the probationary period. If the Appointing Authority requires a probationary period, the Appointing Authority shall notify the reinstated employee and the Office of Personnel Management in writing of the length of the probationary period before the employee’s entry on duty. The Appointing Authority may cancel the probationary period at any time and grant permanent status to the employee.
(e) Permanent and probationary employees who have been separated as a result of a reduction-in-force shall be eligible for reinstatement for at least 18 months from the date of separation.
530:10-9-103. No previous Merit System status [REVOKED]
PART 11. DIRECT HIRE AUTHORITY
530:10-9-110. Purpose
The purpose of the rules in this Part is to establish policies and procedures by which the Administrator may authorize agencies to directly fill positions requiring professional practice licensure and hard-to-fill positions, to establish criteria for identifying professional practice licensure positions and hard-to-fill positions which shall not require establishment of an employment list of eligible persons or the application of veterans preference...and to establish recordkeeping and reporting procedures and the conditions under which the Administrator may withdraw authorization for agencies to directly hire persons into hard-to-fill positions [74:840-4.13(C)].
530:10-9-111. Definitions
In addition to terms defined in 530:10-1-2, the following words and terms, when used in this Part, shall have the following meaning, unless the context clearly indicates otherwise:
"Adequate applicant pool" means 10 or more available qualified eligibles on open competitive announcements maintained by the Office of Personnel Management for the location of a vacancy under the conditions of employment required for the position. However, the presence of one Absolute Preference Veteran on open competitive announcements maintained by the Office of Personnel Management for the location of a vacancy under the conditions of employment required for the position shall also constitute an adequate applicant pool, regardless of the presence or absence of other available qualified eligibles.
"Conditions for employment" means requirements for the position established by the agency and approved by the Office of Personnel Management such as willingness to travel, perform shift work, or work in a particular geographic location, or possession of any selective qualifications or special requirements for the position.
"Direct hire authority" means the authorization for an Appointing Authority to certify the qualifications of and appoint an eligible applicant to a position requiring professional practice licensure or to a position which has been identified by the Administrator as hard-to-fill.
"Hard-to-fill positions" means a vacant position or positions in a job family for which a state agency has been unable to identify an adequate applicant pool within the past 2 weeks of open competitive announcement.
"Professional practice licensure positions" means those positions within a job family for which the Administrator has determined the minimum qualifications for the job require professional licensure with the State of Oklahoma to legally practice in the profession. Such a job shall involve work requiring knowledge of an advanced type in a field of science or learning, customarily obtained by a prolonged course of specialized instruction or study such as a bachelor’s degree from an accredited college or university. The Administrator shall maintain a list of jobs requiring professional practice licensure and shall make the list available to all state agencies with positions allocated to these job families.
530:10-9-112. Scope of direct hire authority
Direct hire authority shall not waive any requirement for any job classification or position established by statute or the Administrator, such as testing or promotional posting requirements, except as provided in 74:840-4.13(C). An Appointing Authority who has been authorized direct hire authority shall assure equal employment opportunity to all applicants.
530:10-9-113. [RESERVED]
530:10-9-114. Application for direct hire authority
(a) Applications for direct hire authority shall be in accordance with 530:10 1 33, and shall include a description of how the position meets the definition of a “hard to fill position” or a “professional practice licensure” position.
(b) The Administrator shall respond to the application for direct hire authority according to 530:10-1-35. If the application for direct hire authority is to be approved, the Administrator shall prepare a written memorandum of agreement according to 530:10 1 43 for delegation authority.
530:10-9-115. Duration of direct hire authority
(a) Professional practice licensure positions. An Appointing Authority who has been authorized direct hire authority for professional practice licensure positions may retain the authority indefinitely, provided:
(1) the job family or job families to which the positions have been allocated remain authorized for the agency’s use by the Office of Personnel Management;
(2) the professional practice licensure requirement for the positions is not removed; and
(3) the authority is not terminated by the Administrator as provided in 530:10-9-121.
(b) Hard-to-fill positions. An Appointing Authority who has been authorized direct hire authority for hard-to-fill positions may retain the authority for 12 months from the date of approval by the Administrator unless the authority is terminated by the Administrator as provided in 530:10-9-121. The Appointing Authority may reapply to continue direct hire authority for additional 12 month periods in the same manner as in the initial request.
530:10-9-116. [RESERVED]
530:10-9-117. Concurrent certification by the Office of Personnel Management
The Office of Personnel Management may continue to establish registers and issue certificates for any job affected by the rules in this Part. An Appointing Authority who has been granted direct hire authority also may request certificates of eligibles from the Office of Personnel Management. Eligibles certified from an Office of Personnel Management certificate shall be considered by the Appointing Authority as required by the Act and Merit Rules governing certification.
530:10-9-118. Reporting and recordkeeping
(a) Reporting. Appointing Authorities shall report all appointments made through direct hire authority to the Administrator as required by 530:10 11 3. The notification shall include a copy of the application, transcripts, and certification of qualifications of the person appointed; and for professional practice licensure positions, a copy of the verification of licensure. Failure to notify the Administrator of appointments made through direct hire authority within 30 days after the effective date shall be cause for termination of the authority.
(b) Recordkeeping. Appointing Authorities shall maintain all records made or considered in the selection and hiring process, regardless of whether the applicant was appointed to the position, for the minimum length of time required by state and federal law. Appointing Authorities shall make the records available for inspection by staff members of the Office of Personnel Management upon request.
530:10-9-119. [RESERVED]
530:10-9-120. Correction of errors
(a) Errors in the certification of qualifications shall be corrected according to 530:10 9 13.
(b) Errors in the certification of qualifications may result in termination of the direct hire authority according to 530:10-9-121.
(c) Willful violations of the Act or Merit Rules in connection with the exercise of the direct hire authority may result in administrative fines according to 74:840-6.9.
(d) Other corrective actions may be required by the Administrator as described in 530:10 1-49.
530:10-9-121. Audit and termination of direct hire authority
(a) Audits. The Administrator may audit appointments made under the rules in this Part according to 530:10-1-47.
(b) Termination. The Administrator may terminate the agreement according to 530:10 1-51. Reasons for terminating direct hire authority shall include, but not be limited to, a finding by the Administrator that the authority has been used to appoint applicants who do not meet the education, experience or professional practice licensure requirement established for the class.
530:10-9-122. [RESERVED]
530:10-9-123. Expedited recruitment
(a) The Administrator may select positions or job family levels for expedited recruitment when in the opinion of the Administrator the education, experience or certification requirements for such positions or job family levels substantially limit the pool of available applicants to less than an adequate applicant pool as defined by 530:10-9-111. Applicants for positions selected for expedited recruitment who have been approved by the Office of Personnel Management as meeting the minimum qualifications for the job may be referred to agencies having such vacancies without examination and ranking, provided that the register for the job has been publicly announced for at least 14 calendar days. Applicants for positions selected for expedited recruitment are eligible for appointment upon referral. [74:840-1.6A]
(b) An Appointing Authority may request that positions or job family levels be considered for expedited recruitment by submitting a written request to the Administrator. The request shall describe the unique education, experience or certification requirements that substantially limit the pool of available applicants, the recruitment efforts made by the agency, the suggested duration of the expedited recruitment designation, and shall be accompanied by a Position Description Questionnaire (OPM-39) for the position(s). The Administrator may request clarification or additional information from the agency. The Administrator shall provide the agency with written notification of his approval or denial of the request. The decision of the Administrator shall be final.
(c) An Appointing Authority who has expedited recruitment authority may retain that authority for 12 months from the date of approval by the Administrator unless that authority is terminated by the Administrator pursuant to 530:10-9-121. The Appointing Authority may reapply to continue expedited recruitment authority for additional 12 month periods in the same manner as in the initial request.
PART 13. VETERANS PREFERENCE
530:10-9-130. Veterans preference on lists of eligibles
In establishing employment lists of eligible persons for competitive and noncompetitive appointment, certain preferences shall be allowed for veterans honorably discharged from the Armed Forces of the United States [74:840 4.14(A)].
(1) Five points shall be added to the final grade of any person who has passed the examination and has submitted proof of having status as a:
(A) veteran [74:840 4.14(A)(1)]; or
(B) unremarried surviving spouse of a veteran [74:840 4.14(A)(1)]; or
(C) spouse of a veteran who is unemployable due to a service-connected disability as certified by the Veterans Administration or agency of the Defense Department within six (6) months of the date of application [74:840 4.14(A)(2)].
(2) Ten points shall be added to the final grade of any veteran who has passed the examination and has submitted proof of having a service-connected disability as certified by the Veterans Administration or Agency of the Defense Department within six (6) months of date of application [74:840 4.14(A)(3)].
(3) In addition to the 10 points preference provided in (2) of this subsection, such eligible veterans who are in receipt of benefits payable at the rate of 30% or more because of the service-connected disability, shall be considered Absolute Preference Veterans. Their names shall be placed at the top of the register, ranked in order of their examination scores. Absolute Preference Veterans shall not be denied employment and passed over for others without showing cause. [74:840 4.14(A)(3)]
530:10-9-131. Pass for cause of an absolute preference veteran
(a) An Appointing Authority who finds it necessary to pass over an Absolute Preference Veteran for cause must receive written approval from the Administrator before taking such action. Any Appointing Authority who, without prior approval, passes an Absolute Preference Veteran for cause on any certificate returned to the Office of Personnel Management shall be required to hire the preferenced applicant, if such pass for cause is subsequently rejected by the Administrator. No offer of initial employment may be made to any applicant ranked below such veterans in the absence of this approval; such offers and any subsequent initial appointments shall be void. [74:840-4.14(A)(3)]
(b) Nothing in this Section prohibits or limits passing an Absolute Preference Veteran to hire another Absolute Preference Veteran within the hiring rule, or hiring any other eligible through means other than an initial appointment.
(c) A request to pass over or disqualify an Absolute Preference Veteran shall include a detailed written explanation and justification provided by the Appointing Authority documenting why the Appointing Authority believes:
(1) the applicant cannot be reasonably expected to satisfactorily perform at the required level of the position [74:840-4.14(A)(3)]; or
(2) it is necessary to disqualify the applicant because of 1 or more of the causes for disqualification listed in 530:10 9 9, Disqualifications.
(d) Any person who is so disqualified shall be notified in writing by the Administrator of the right to appeal.
530:10-9-132. Opening closed registers for veterans
War veterans, as defined by Section 67.13a of Title 72 of the Oklahoma Statutes, who have been awarded the Purple Heart or have a service-incurred disability rated by the Veterans Administration or a branch of the Armed Forces of the United States . . . , shall be authorized to open any closed register [74:840 4.14(B)].