17-76-210. Vacancies -- Positions requiring special qualifications -- Competition suspended -- Promotion -- Promotion register.
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Effective 11/6/2025
17-76-210. Vacancies -- Positions requiring special qualifications -- Competition suspended -- Promotion -- Promotion register.
(a)When there is a vacancy in a position requiring peculiar and exceptional qualifications of a scientific, professional, or expert character, the commission may, after public hearing and by unanimous vote of the commission, suspend competition regarding the position upon satisfactory evidence that:
(i)competitive hiring is impracticable; and
(ii)the position can best be filled by the selection of an individual of recognized attainments.
(b)When the commission suspends competitive hiring, the commission shall report the reason for suspending competitive hiring in the commission's annual reports.
(a)The appointing authority shall fill vacancies occurring in the merit system classification by promotion if possible.
(b)A promotion shall be made only after an examination, with admission to the examination limited to merit system officers.
(c)An examination for a promotion shall include an average of service ratings for the next preceding year, a rating of seniority, and test the merit system officer's competence to perform the duties required in the position for which application is made.
(d)An examination for a promotion shall not combine the weights of service rating and seniority to more than 40% of the whole examination.
(e)The appointing authority shall fill subsequent vacancies by promotion until the lowest grade is reached, which grade shall then be filled from the eligible list in accordance with this part.
(i)After an examination for a promotion, the commission shall prepare a promotion register that takes precedence over an eligible register.
(ii)The commission shall make the promotion register in the same manner as it makes an eligible register.
Renumbered and Amended by Chapter 14 , 2025 Special Session 1