1205 (D) Non-Competitive Open Competitive (4.2b)
.110 Legal Background
.111 Rule 4.2(b) of the Rules for the Classified Service provides
that when an open competitive examination does not result in an eligible
list containing the names of at least three persons willing to accept
appointment in a given location, the Civil Service Department may:
- permit the appointing authority to nominate a person for a
non-competitive examination for the position or
- designate the eligible list as a continuing eligible list and
reopen testing on a Continuous Recruitment basis.
.211 This type of examination should be used when the open competitive
eligible list is quickly exhausted for some locations but not others.
In selecting the approach to use, consideration should be given to
the number of qualified individuals who may be residing at the location
for which the list is exhausted. If there appear to be only a few
qualified individuals the best approach would be for the agency to
recruit an individual an nominate him/her for the noncompetitive examination.
If however, it is determined that there are numerous qualified individuals
in the area for which the list is exhausted, it may be desirable to
reopen testing on a continuous basis and conduct a recruitment effort
to bring the examination to their attention.
.220 Civil Service Requirements
.221 4.2(b) testing would be appropriate if the following conditions
- the position to be tested for has been filled through an
open competitive examination [In some
cases it may be appropriate to use a transition
- the eligible list resulting from the open competitive examination
was established within the last 12 months and there are less
than three acceptors at the location where the vacancies exist
- the candidates or the nominee meets the qualifications for
the last open competitive examination
- the candidates or nominee did not fail the last open competitive
- there is no promotion list, preferred list or placement roster
for the vacancy that is being filled.
[4.2b nominations may be made when there are no reemployment lists and no promotion, open-competitive or transition eligible lists with three or more eligibles willing to accept appointment to the position to be filled.]
.411 In those instances where an agency is nominating an individual
for a noncompetitive 4.2(b) examination, the nomination must be
submitted in writing to the appropriate Staffing Services Representative
and include the title and item number of the position to be filled
and a completed open competitive application from the individual.
When Civil Service approves the request, they will schedule the
- In those instances where testing is to be reopened on a continuous
basis normal Civil Service procedures will be used.
.420 Notice of Results
.421 In those instances where an agency nominee has been
tested, the agency personnel office will be notified of the results
via form S-121, Action on Nomination for Permanent Employment. It
is then the agency's responsibility to inform the nominee of the
results of the examination and submit a
transaction] affecting the appointment of the successful
nominee. The effective date of the appointment may be no earlier
than indicated on the S-121.
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