(a) Statement of vacancy.--If a vacancy is likely to occur or is to be filled in the classified service, the appointing authority shall submit to the Office of Administration a statement indicating the position to be filled.
(b) Certification of available individuals.--
(1) The Office of Administration shall certify to the appointing authority the names of the three highest-ranking available individuals on the certification of eligibles, except if any of the following apply:
(i) The appointing authority elects to follow an alternative selection procedure under section 2402(a) (relating to selection and appointment of eligibles).
(ii) A labor agreement covering promotions in the classified service exists.
(iii) The Office of Administration has specified, prior to testing the eligibles on the eligible list, that either all available individuals, regardless of ranking, or a specified alternative number other than three of the highest-ranking available individuals shall be used in making selections for the classification.
(2) If a labor agreement covering promotions in the classified service exists, the terms and procedures of the labor agreement relative to the procedures for promotions shall control.
(c) Lack of eligibles.--If the appropriate employment or promotion certification of eligibles contains fewer than three eligibles who are willing to accept appointment or if there is no appropriate eligible list, the appointing authority may appoint an available eligible from the approved eligible list or request the Office of Administration to certify from another eligible list deemed the next most appropriate.
(d) Selective certifications.--If operational conditions of the appointing authority dictate and it is in the interest of the service to the Commonwealth, the Office of Administration may authorize selective certifications based on merit-related criteria.
(e) Waiver of consideration.--An individual on a promotion or employment list who waives consideration for promotion or appointment may not be considered among the names from which a promotion or appointment is to be made.
Cross References. Section 2401 is referred to in section 2402 of this title.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.