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 prior to October 1, 2011, 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. The certification eligible lists in effect prior to October 1, 2011 shall expire after one year from the date the list was created pursuant to the process in effect as of September 30, 2011.

(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 on the world wide web, and/or through the annual submission of the agency's workforce plan, 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 ot 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.

Replaces: 123: 1-17-01

Effective: 12/04/2011
R.C. 119.032 review dates: 11/22/2016
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

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 percent 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 the agency with the vacancy or that director's designee may select any of the listed candidates.

(B) Except as provided in paragraph (A) of rule 123: 1-17-01, 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 eligibles named therein, according to their scores.

Effective: 02/10/2014
R.C. 119.032 review dates: 11/22/2016
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

123:1-17-03 Limitation on certifications.

For those certification eligible lists in effect prior to October 1, 2011, 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: 12/04/2011
R.C. 119.032 review dates: 09/15/2011 and 11/22/2016
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

123:1-17-04 Notice.

For those certification eligible lists in effect prior to October 1, 2011, 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 paragraph (A) of rule 123:1-17-03 of the Administrative Code.

Effective: 12/04/2011
R.C. 119.032 review dates: 09/15/2011 and 11/22/2016
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

123:1-17-05 Reply by eligible.

(A) For those certification eligible lists in effect prior to October 1, 2011, 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) For those certification eligible lists in effect prior to October 1, 2011, 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.

Effective: 12/04/2011
R.C. 119.032 review dates: 09/15/2011 and 11/22/2016
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.27
Prior Effective Dates: 5/1/66, 1/9/76, 11/14/00

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

For those certification eligible lists in effect prior to October 1, 2011, 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.

Effective: 12/04/2011
R.C. 119.032 review dates: 09/15/2011 and 11/22/2016
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.27
Prior Effective Dates: 5/1/66, 1/9/76, 11/14/00

123:1-17-11 Cancellation of certification.

For those certification eligible lists in effect prior to October 1, 2011, 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.

Effective: 12/04/2011
R.C. 119.032 review dates: 09/15/2011 and 11/22/2016
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.27
Prior Effective Dates: 5/1/66, 1/9/76

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.

R.C. 119.032 review dates: 09/15/2011 and 09/15/2016
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 Restoration after probationary removal.

Any person, who was certified from an eligible list in effect prior to October 1, 2011 and removed from employment during a probationary period, may be restored to the eligible list for future certification with the approval of the director.

Effective: 12/04/2011
R.C. 119.032 review dates: 09/15/2011 and 11/22/2016
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.27
Prior Effective Dates: 7/17/72, 1/9/76