.02 Career Service Examinations and Selections.

A. Except as provided under §O of this regulation, Career Service positions shall be filled competitively.

B. Examination methods shall be job related, and may only assess the applicant's job-related skills, knowledge, abilities, education, and experience. Examinations may be specific to a particular position, a class, or a classification series.

C. A written selection plan shall be established which sets forth the steps in the recruitment, examination, and selection process, their relative value in the total process, and the sequence of the steps.

D. Lists of eligibles shall be established which group job candidates into categories. The categories shall range from the qualified to the best qualified.

E. Geographic Area Limitation. Applicants shall select those geographic areas for which they wish to be considered.

F. An appointing authority shall select a candidate from the highest rating category of a list of eligibles, except as specified in §H of this regulation or if the highest rating category contains an insufficient number of candidates. Selection may be further limited to those applicants who have elected to work in the areas in which the positions' functions are performed.

G. An appointing authority may select a job candidate for a vacant Career Service position from a listing of qualified candidates supplied by the Human Resources Office. If an appointing authority or the appointing authority's designee cannot make an adequate selection from among those candidates, the appointing authority shall document the reasons and may request the Human Resources Office to provide additional job candidates from the list of eligibles.

H. Job Specific Selections. An appointing authority who is filling a vacant Career Service position that requires specific job skills not found among job candidates on the existing list of eligibles shall document the reasons for not filling the position from the existing list of eligibles, and may request the Human Resources Office to establish a list of job candidates who possess the specific job skills required.

I. Before selection, candidates on the list of eligibles may be required to demonstrate other job-related qualifications for the specific job to be filled.

J. Removal from Lists of Eligibles.

(1) A candidate shall be removed from a list of eligibles:

(a) For deceptive or fraudulent conduct or other misconduct in the employment process;

(b) For failing to respond to two notices for interviews; or

(c) If the candidate is selected for a position from the list of eligibles.

(2) A candidate shall be removed from a list of eligibles for a geographic area the candidate selected in accordance with §E of this regulation if the candidate declines because of location to consider a job opportunity in that geographic area.

K. Promotional Selections. An appointing authority may limit the selection of a candidate to fill a vacant Career Service position to a list of State, Department of Transportation, or administration employees.

L. Employees in positions in the Department immediately before their conversion into the Transportation Service may be converted into the Career Service without competitive examination or selection.

M. A contractual employee who was awarded a contract following a competitive examination and selection process as specified in §§B and C of this regulation may be placed in a Career Service vacancy which is the same or substantially the same without being subject to further competition.

N. In the design of its selection plan for a vacant Career Service position, an appointing authority may use an eligible list certified for a unique classification under the authority of State Personnel and Pensions Article, §4-302, Annotated Code of Maryland, if the eligible list was certified before the date of the administration's incorporation into the Transportation Service. Notwithstanding any regulation to the contrary, the eligible list shall remain in full force and effect until the date of its expiration, and the relative standing of eligibles may not be affected except when a clerical error or fraudulent act has tainted an examination score.

O. Career Service positions may be exempt from competitive examinations and use of eligible lists if the positions are entry level, trainee level, or occupations that require minimal experience:

(1) That have been determined by the Director, Office of Human Resources at the Secretary's office; and

(2) For which the Director, Office of Human Resources at the Secretary's office has determined that competitive examinations are either impractical or cannot validly evaluate candidates' abilities and knowledge.

P. For any position exempted from the use of competitive examinations and lists of eligibles by §O of this regulation, the position is to be filled in accordance with a selection plan setting forth how candidates shall be recruited and screened for interviews and the relative value of factors to be considered in the selection.