Chapter 123:1-17 Vacancies and Appointments

123:1-17-01 Classified selections.

(A) Whenever a vacancy in the classified service, which has a certification eligible list in effect 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.

(B) An appointing authority shall notify the director that a position in the classified service of the state is to be filled by posting electronic notice of the vacancy on the director's internet site or any other means approved by the director.

(C) The director may, with sufficient justification from the appointing authority, allow the appointing authority to fill a classified position without a civil service examination. The appointing authority shall submit a request to the director with a statement documenting the justification for filling the classified position without a civil service examination. Sufficient justification to fill classified positions without a civil service examination may include the following:

(1) Positions that require professional licenses, and/or certifications, and/or highly technical skills, and/or high educational standards; or

(2) Selections subject to collective bargaining agreements; or

(3) Vacancies filled by promotion, transfer, reinstatement, or reduction; or

(4) Feasibility; or

(5) Cost; or

(6) Any other reason approved by the director.

Effective: 12/4/2016
Five Year Review (FYR) Dates: 09/15/2016 and 09/15/2021
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.23, 124.27
Prior Effective Dates: 1/6/71, 1/9/76, 11/14/00, 12/04/11

123:1-17-02 Eligible list.

(A) Upon the completion of a civil service examination, the director of the agency that administered the civil service examination or that director's designee shall create an eligible list to fill a vacancy. From that eligible list, the director or designee of the agency with the vacancy shall appoint an individual who ranks in the top ten names on the eligible list or the top twenty-five per cent of the eligible list, whichever is greater. In the event that ten or fewer names are on the eligible list, the director of the agency or that director's designee may select any of the listed candidates.

(B) An eligible list expires upon the filling or closing of the position. An expired eligible list may be used to fill a position of the same classification within the same agency for which the list was created. But, in no event shall an expired list be used more than one year past its expiration date.

The director of the agency that created the eligible list or that director's designee, may consolidate two or more eligible lists of the same classification by ranking the eligible candidates named therein, according to their scores.

Effective: 12/4/2016
Five Year Review (FYR) Dates: 09/15/2016 and 09/15/2021
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, 7/1/07, 12/4/11, 2/10/14

123:1-17-03 [Rescinded] Limitation on certifications.

Effective: 12/4/2016
Five Year Review (FYR) Dates: 09/15/2016
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.27
Prior Effective Dates: 5/1/66, 1/9/76, 2/4/96, 7/1/07, 12/4/11

123:1-17-04 [Rescinded] Notice.

Effective: 12/4/2016
Five Year Review (FYR) Dates: 09/15/2016
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.27
Prior Effective Dates: 5/1/66, 1/9/76, 11/14/00, 7/1/07, 12/4/11

123:1-17-05 [Rescinded] Reply by eligible.

Effective: 12/4/2016
Five Year Review (FYR) Dates: 09/15/2016
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.27
Prior Effective Dates: 5/1/66, 1/9/76, 11/14/00, 12/4/11

123:1-17-09 [Rescinded] Removal from list following certification.

Effective: 12/4/2016
Five Year Review (FYR) Dates: 09/15/2016
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.27
Prior Effective Dates: 5/1/66, 1/9/76, 11/14/00, 12/4/11

123:1-17-11 [Rescinded] Cancellation of certification.

Effective: 12/4/2016
Five Year Review (FYR) Dates: 09/15/2016
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.27
Prior Effective Dates: 5/1/66, 1/9/76, 12/4/11

123:1-17-14 Provisional appointment time limit. [Rescinded].

Rescinded eff 7-1-07

123:1-17-15 Replacement and re-entry of provisional employee. [Rescinded].

Rescinded eff 7-1-07

123:1-17-16 Appropriateness of duties.

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.

Five Year Review (FYR) Dates: 09/15/2016 and 09/15/2021
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.27
Prior Effective Dates: 5/1/66, 1/9/76

123:1-17-17 [Rescinded] Restoration after probationary removal.

Effective: 12/4/2016
Five Year Review (FYR) Dates: 09/15/2016
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.27
Prior Effective Dates: 7/17/72, 1/9/76, 12/4/11