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Whenever a vacancy in the classified service is to be filled otherwise than by promotion, transfer, reinstatement, or reduction, the appointing authority shall make request for certification of the director of administrative services, by identifying the position to be filled and stating the class title, location, and number of positions to be filled, and also whether the position is to be filled on a full- or part-time basis.
R.C. 119.032 review dates: 10/20/2005 and 10/20/2010
Promulgated Under: 119.03
Statutory Authority: 124.09(A)
Rule Amplifies: 124.27
Prior Effective Dates: 1/6/71, 1/9/76, 11/14/00
(A) Upon receipt of request for certification to fill a vacancy, the director shall certify to the appointing authority from the eligible list, the names, addresses and grades of the ten or more persons standing highest on such list that are willing to accept consideration for that appointment type. The appointing authority shall make appointments from the certification eligible list within thirty days. The director may, upon review of adequate reasons why the appointment cannot be made within thirty days, provide the appointing authority a follow-up list for an additional thirty-day appointment period. If more than one vacancy is to be filled, the number of names to be certified shall be determined in the following manner:
(1) For 2 to 4 vacancies, fifteen names shall be given.
(2) For 5 to 8 vacancies, twenty names shall be given.
(3) For 9 to 12 vacancies, twenty-five names shall be given.
(4) For 13 to 16 vacancies, thirty names shall be given.
(B) In appointing persons from the certification eligible list, the rule of ten shall be followed; that is, every time a group of ten available applicants is considered, one of said group must be appointed. Beginning at the top of the list every person who is available but not permanently appointed must be considered four times in a group of ten before the person’s name may be dropped from further consideration by that appointing authority. When the director includes additional names on a certification eligible list, the additional names may be considered for appointment only if one or more of the persons named in the original certification is unavailable or fails to reply to notice of certification. For each person in the original certification who is unavailable or fails to reply to notice of certification, one name from the additional group may be considered for appointment. In any case, the rule of ten as defined in this rule will be used in making all certified appointments.
Effective: 07/01/2007
R.C. 119.032 review dates: 10/20/2010
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.27
Prior Effective Dates: 5/1/66, 1/9/76, 10/25/95 (Emer.), 11/14/00
No person shall be certified from an eligible list more than four times to the same appointing authority for a position of the same classification, except at the request of the appointing authority, and subject to the following provisions:
(A) If a certification eligible list is not used by the appointing authority, no consideration shall be charged to the persons included on the certification.
(B) Certifications for seasonal appointment shall be charged separately from those for permanent appointment. The declination of any such seasonal appointment shall not affect the right of an eligible to remain on the certification eligible list for appointment to a different appointment category.
(C) Whenever a certification is made to fill more than one position under rule 123:1-17-02 of the Administrative Code, those persons who are dropped after four considerations shall be considered as having been certified four times.
(D) An eligible who has declined appointment because of the salary offered is subsequently not certified for positions at the same or less salary.
Effective: 07/01/2007
R.C. 119.032 review dates: 09/12/2010
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.27
Prior Effective Dates: 5/1/66, 1/9/76, 2/4/96
When an eligible’s name is included on a certification to an appointing authority, written notice shall be transmitted to the eligible by the appointing authority, informing the individual of the nature and location of the position and that he or she is being considered for appointment. This rule may be waived if the certification meets the requirements of rule 123:1-17-03 paragraph (A) of the Administrative Code.
Effective: 07/01/2007
R.C. 119.032 review dates: 10/20/2010
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.27
Prior Effective Dates: 5/1/66, 1/9/76, 11/14/00
(A) All eligibles certified to a position shall communicate with the appointing authority in accordance with the instructions given to each eligible, within six calendar days from the time when written notice is transmitted to the eligible.
(B) Failure on the part of an eligible to comply with his specific instructions to so communicate with the appointing authority shall be considered a waiver of certification, and upon request of the appointing authority the Director shall certify an additional name for each eligible failing to communicate. Eligibles who fail to respond to notice of certification shall be dropped from the eligible list and notice of such action shall be sent them immediately. No person whose name has thus been stricken from the eligible list shall be restored except upon his written request giving satisfactory reasons for not responding to notice of certification.
R.C. 119.032 review dates: 10/20/2005 and 10/20/2010
Promulgated Under: 119.03
Statutory Authority: 124.09(A)
Rule Amplifies: 124.27
Prior Effective Dates: 5/1/66, 1/9/76, 11/14/00
When an eligible whose name has been included on a certification indicates not being interested in the position, or declines an offer of appointment if one is made, the individual’s name shall be removed from the eligible list, subject to the following qualifications:
(A) The report of the eligible’s decision shall be subject to review or investigation by the director, and the eligible’s name may be retained on or restored to the list following such review or investigation.
(B) If the eligible’s decision is based on illness, military service, or conflict with schooling, their name shall be restored to the list when he or she indicates their availability for consideration.
(C) Any eligible whose name has been removed from a list under this rule may be restored to the list upon presentation to the director of reasons or evidence which would justify restoration to the list.
R.C. 119.032 review dates: 10/20/2005 and 10/20/2010
Promulgated Under: 119.03
Statutory Authority: 124.09(A)
Rule Amplifies: 124.27
Prior Effective Dates: 5/1/66, 1/9/76, 11/14/00
Whenever it is necessary to cancel a certification because of a waiver of any person whose name appears thereon and to make new certification in order to supply a sufficient number of names for the appointments to be made, one certification shall be counted against each person waiving the right to appointment, but certifications cancelled because of waivers shall not be counted against persons appearing thereon who do not waive.
R.C. 119.032 review dates: 09/12/2005 and 09/12/2010
Promulgated Under: 119.03
Statutory Authority: 124.09(A)
Rule Amplifies: 124.27
Prior Effective Dates: 5/1/66, 1-9-76
Rescinded eff 7-1-07
Rescinded eff 7-1-07
No person shall be appointed or employed under any title not appropriate to the duties to be performed, and no person shall be assigned to perform duties other than those properly belonging to the position to which he has been legally appointed, except as may be required because of temporary characteristics of the work situation. The assignment of duties is the responsibility of the appointing authority. It is also his responsibility to see that accurate descriptions of the duties performed are reported to the Director so that proper classification of the positions may be maintained. No employee shall be appointed or assigned to any classification title or level which is either higher or lower than that classification to which the position is assigned except as provided in Section 124.181(J) of the Revised Code and 123:1-37-07 of these rules.
R.C. 119.032 review dates: 09/12/2005 and 09/12/2010
Promulgated Under: 119.03
Statutory Authority: 124.09(A)
Rule Amplifies: 124.27
Prior Effective Dates: 5/1/66, 1/9/76
Any person removed from employment during a probationary period may be restored to the eligible list for future certification with the approval of the Director.
R.C. 119.032 review dates: 09/12/2005 and 09/12/2010
Promulgated Under: 119.03
Statutory Authority: 124.09(A)
Rule Amplifies: 124.27
Prior Effective Dates: 7/17/72, 1/9/76