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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Rule 123:1-76-09 | Applicant testing.


(A) Every vacancy announcement for testing designated positions for the state service shall state:

"All final applicants tentatively selected for this position will be required to submit to urinalysis to test for illegal drug use prior to appointments. An applicant with a positive test shall not be offered employment."

(B) Each applicant shall be notified that appointment to the position will be contingent upon a negative test result. Failure of the vacancy announcement to contain this statement shall not preclude applicant testing if advance written notice is provided applicants in some other manner.

(C) The agency drug program coordinator or other designated agency person shall direct applicants to the appropriate collection site. The test must be undertaken as soon after notification as possible, and no later than thirty-two hours after notice to the applicant.

(D) Applicants shall be advised of the opportunity to offer an explanation or submit medical documentation of legally prescribed medications or a recommendation for medical marijuana which may explain a positive test result to the medical review officer. Such information will be reviewed only by the medical review officer in his/her determination of the validity of a positive confirmatory test result.

(E) Any agency of state government shall decline to extend a final offer of employment to any applicant with a verified positive test result and such applicant will not be reconsidered for state employment for a period of one year.

Last updated January 18, 2022 at 8:33 AM

Supplemental Information

Authorized By: 124.09
Amplifies: 124.09, 124.34
Five Year Review Date: 1/15/2027
Prior Effective Dates: 6/14/1992, 7/26/2002