(a) Examinations for positions may be waived by the Commissioner of Administrative Services under any of the following conditions: (1) Where the possession of a professional license or degree or satisfactory completion of an accreditation, certificate or licensure program is a mandatory requirement for appointment or promotion to a position in state service; (2) where the appointment or promotion to a job classification that is utilized by a single state agency is limited in number and has few vacancies in the professional or managerial series; (3) when the qualifications for a position within the managerial class are so specialized or unique that an examination for a general job classification would not result in a list of candidates possessing such qualifications and would not be cost effective; or (4) when the number of applicants meeting the minimum qualifications for admission to an announced promotional examination is five or less.

(b) If the commissioner has granted a waiver of examination in accordance with subsection (a) of this section, the commissioner may delegate to a department head the authority to recruit for such position pursuant to a delegation plan, except no delegation plan shall be required for such delegation in the case of a waiver of examination granted pursuant to subdivision (1) of subsection (a) of this section. For waivers of examination granted pursuant to subdivisions (2) to (4), inclusive, of subsection (a) of this section, the department head shall submit a delegation plan to the commissioner, and the commissioner may grant a full or partial delegation to the department head. The department head shall obtain the commissioner's approval of the delegation plan prior to undertaking any recruitment efforts. Any such delegation plan shall (1) include standards for the posting of positions with a minimum time period of not less than one week; (2) specify the manner in which such notice shall be posted; and (3) specify the procedures for accepting and rejecting applicants based upon the minimum required qualifications. Where the department head has identified a candidate suitable for appointment and prior to making a formal or informal offer of employment, such department head shall submit the application, any supporting documentation for such candidate and the applications of such additional candidates such department head deems eligible for appointment to the commissioner for certification that such preferred candidate has met the minimum qualifications of experience and training as set forth in the job specification. Once written certification is granted, the department head may make an offer of employment to the candidate certified by the commissioner.

(c) Any recruitments performed by a department head pursuant to this section may be subject to post audit by the commissioner.

(P.A. 92-165, S. 31, 32; P.A. 13-247, S. 359; P.A. 15-182, S. 3.)

History: P.A. 13-247 replaced former provisions with Subsec. (a) re waiver of examinations, Subsec. (b) re delegation of authority to recruit and Subsec. (c) re audit of recruitments, effective July 1, 2013; P.A. 15-182 amended Subsec. (a) to make a technical change, amended Subsec. (b) to add provisions specifying no delegation plan required for waiver under Subsec. (a)(1) and requiring submission of delegation plan to commissioner for approval for waivers under Subsec. (a)(2) to (4) and amended Subsec. (c) to provide for discretionary rather than mandatory audit of recruitments, effective July 1, 2015.