FILLING POSITIONS
105-040-0001
Equal Employment Opportunity and Affirmative Action
(1) The State of Oregon is committed to achieving a workforce that represents the diversity of the Oregon community and being a leader in providing its citizens with fair and equal employment opportunities. Accordingly:
(a) State agency heads shall insure:
(A) Equal employment opportunities are afforded to all applicants and employees by making employment related decisions that are non-discriminatory;
(B) Employment practices are consistent with the state's Affirmative Action Guidelines under ORS 659A.012–659A.015 and federal laws to:
(i) Promote good faith efforts to achieve established affirmative action objectives; and
(ii) Take proactive steps to develop diverse applicant pools for position vacancies.
(b) The Department of Administrative Services shall:
(A) Maintain an automated affirmative action tracking system which uses a uniform methodology for communicating affirmative action objectives for each state agency.
(B) Produce periodic reports showing hiring opportunities and each agency's progress toward achieving established affirmative action objectives as identified in the state wide automated system.
(c) Persons, who believe they have been subjected to discrimination by an agency in violation of this rule, may file a complaint with the agency's affirmative action representative within 365 calendar days of the alleged act or upon knowledge of the occurrence.
(2) Employment related decisions include, but are not limited to: hiring, promotion, demotion, transfer, termination, layoff, training, compensation, benefits, and performance evaluations;
(3) Diverse applicant pools are developed by using proactive outreach strategies.
(4) This rule does not preclude any person from filing a formal complaint in accordance with a collective bargaining agreement, or with appropriate state or federal agency under the applicable law.
Stat.
Auth.: ORS 184.340, 240.145 & 240.250
Stats.
Implemented: ORS 240.306, 243.305 & 559A.012 - 559A.015
Hist.:
PD 2-1994, f. & cert. ef. 8-1-94; HRSD 11-2003, f. 7-15-03, cert. ef. 7-21-03;
HRSD 2-2008, f. & cert. ef. 11-4-08
105-040-0010
Recruitment and Selection Process
Applicability: Classified unrepresented and management service positions, and initial appointment to all classified positions. It is the policy of the State of Oregon to base hiring and promotion decisions on an applicant's relative knowledge, experience, and skills, determined by competition without regard to an individual's race, color, religion, sex, marital status, national origin, political affiliation, age, disability, or other non-job-related factors, with proper regard for an individual's privacy.
(1) An applicant shall complete and submit an official State of Oregon application (PD 100), or an alternative application form approved by the Division, and follow the instructions on the recruitment announcement within the designated time period.
(a) An applicant claiming veteran's preference points must submit as verification of eligibility a copy of the Certificate of Release or Discharge from Active Duty (DD Form 214 or 215) with the State of Oregon application (PD 100). Disabled Veterans must also submit a copy of their Veteran's disability preference letter from the Department of Veteran Affairs, unless the information is included in the DD Form 214/215.
(b) Clients of State Department of Human Services programs who meet the eligibility criteria under Administrative Rule 105-040-0060, Limited Competitive and Non-competitive Appointments, may identify themselves as participants by selecting the "AFS" skill code on the State of Oregon application (PD 100). The applicant must submit proof of current program participation at the request of the appointing authority before a job offer will be made.
(2) An appointing authority shall provide the public and state employees a minimum two (2) weeks notice of employment opportunities when filling vacancies other than agency promotions by using the State's Jobs page on the internet and the Employment Department services. Accordingly:
(a) The recruitment announcement shall include job requirements, minimum qualifications from classification specifications and any special qualifications, salary, selection method, how, when, and where to apply, the length of the recruitment, the type of test, if any, and the basis and method for an applicant's request for review of disqualification. Minimum qualifications means minimum experience, training, knowledge and skills required for a position in a classification according to the classification specifications.
(b) Any tests administered shall be competitive, unbiased and of such content as to assist in determining an applicant's qualifications to perform the work.
(3) An appointing authority shall have the authority to verify a statement contained in an application or a statement made in an interview and secure further information concerning the applicant's qualifications. An adjustment may be made to the applicant's rating if information obtained materially affects the applicant's rating of experience, training, or suitability.
(4) Members of the public and state employees may:
(a) Obtain information regarding employment opportunities by accessing the State's Jobs page on the internet and/or visiting a local office of the Employment Department where recruitment announcements are posted;
(b) Request a review of disqualification within 10 calendar days from the date of grade notice for not meeting minimum qualifications as stated in the recruitment announcement. Any changes due to a disqualification review shall not affect the previous selection decision(s) concerning other applicants;
(c) Request a review, in writing, of test results for reevaluation within 10 calendar days from the date of the grade notice from the hiring agency or the Division. The review shall be limited to the verification of scoring, and any changes due to a review shall not affect the previous selection decision(s) concerning other applicants.
(d) Retake a test if more than three (3) months have elapsed since the test was previously taken and if the recruitment is open to application. An appointing authority with delegated recruitment and selection authority may determine the time period before retesting. The most recent score obtained shall determine the candidate's placement on the eligible list or failure to make the list. Retaking of a test applies only to written tests.
(5) The Division may delegate authority to an agency head to establish and administer a recruitment and selection process, for specific positions, which includes the development and administration of tests.
(6) Upon request, the Division may delegate the development and administration of an alternate recruitment process for positions in classifications that have an existing statewide screening process and list of eligibles.
(7) Documentation retention requirements are outlined under HRSD State Policy 40.010.01, Recruitment and Selection Records Retention.
[ED. NOTE: Forms referenced in this rule are available from the agency.]
Stat. Auth.: ORS 184.340
& ORS 240.145(3)
Stats. Implemented: ORS 240.250, ORS 240.306, ORS 240.321 & ORS
240.391
Hist.: PD 2-1994, f. & cert. ef. 8-1-94; PD 3-1995, f. &
cert. ef. 11-3-95; HRSD 1-1999, f. & cert. ef. 9-1-99; HRSD
12-2003, f. 7-15-03, cert. ef. 7-21-03
105-040-0015
Veteran's Preference in Employment
Applicability: Recruitment and selection processes for all State of Oregon positions in agencies subject to ORS 240, State Personnel Relations Law, including but not limited to promotional opportunities.
(1) Definitions: (See also HRSD Rule 105-010-0000 Definitions Applicable Generally to Personnel Rules and Policies.)
(a) Initial Application Screening: An agency’s process of determining whether an applicant meets the minimum and special qualifications for a position. An Initial Application Screening may also include an evaluation of skills or grading of supplemental test questions if required on the recruiting announcement.
(b) Application Examination: The selection process utilized by an agency after Initial Application Screening. This selection process includes, but is not limited to, formal testing or other assessments resulting in a score as well as un-scored examinations such as interviews and reference checks.
(c) Veteran and Disabled Veteran: As defined by ORS 408.225 and 408.235.
(2) Application of preference points upon Initial Application Screening: Qualifying Veterans and Disabled Veterans receive preference points as follows;
(a) Five Veteran’s Preference points are added upon Initial Application Screening when an applicant submits as verification of eligibility a copy of the Certificate of Release or Discharge from Active Duty (DD Form 214 or 215), or a letter from the US Department of Veteran’s Affairs indicating the applicant receives a non-service connected pension with the State of Oregon Application; or
(b) Ten Disabled Veteran’s points are added upon Initial Application Screening when an applicant submits as verification of eligibility a copy of the Certificate of Release or Discharge from Active Duty (DD Form 214 or 215) with the State of Oregon Application. Disabled Veterans must also submit a copy of their Veteran’s disability preference letter from the US Department of Veteran Affairs, unless the information is included in the DD Form 214 or 215.
(c) Veteran’s and Disabled Veteran’s preference points are not added when a Veteran or Disabled Veteran fails to meet the minimum or the special qualifications for a position.
(3) Following an Initial Application Screening the agency generates a list of qualified applicants to consider for Appointment. An Appointing Authority or designee may then:
(a) Determine whether or not to interview all applicants who meet the minimum and special qualifications of the position (including all Veterans and Disabled Veterans); or
(b) Select a group of Veteran and Disabled Veteran applicants who most closely match the agency’s purposes in filling the position. This group of applicants may be considered along with non-veteran applicants who closely match the purposes of the agency in filling the position as determined by:
(A) Scored Application Examinations (including scored interviews): If an agency utilizes, after an Initial Application Screening, a scored Application Examination to determine whom to consider further for Appointment, the agency will add (based on a 100-point scale) five points to a Veteran’s score or 10 points to a Disabled Veteran’s score or;
(B) Un-scored Application Examinations: Un-scored Application Examinations done by sorting into levels (such as “unsatisfactory,” “satisfactory,” “excellent”) based on desired attributes or other criteria for further consideration will be accomplished by:
(i) Advancing the application of a Veteran one level;
(ii) Advancing an application of a Disabled Veteran two levels.
(4) Preference in un-scored interviews: A Veteran or Disabled Veteran who, in the judgment of the Appointing Authority or designee, meets all or substantially all of the agency’s purposes in filling the position will continue to be considered for Appointment.
(5) If a Veteran or Disabled Veteran has been determined to be equal to the top applicant or applicants for a position by the Appointing Authority or designee then the Veteran or Disabled Veteran is ranked more highly than non-veteran applicants and, a Disabled Veteran is ranked more highly than non-veteran and Veteran applicants.
(6) Preference described in Sections 2 through 5 of this rule is not a requirement to appoint a Veteran or Disabled Veteran to a position. An agency may base a decision not to appoint the Veteran or Disabled Veteran solely on the Veteran’s or Disabled Veteran’s merits or qualifications.
(7) A Veteran or a Disabled Veteran applicant not appointed to a position may request an explanation from the agency. The request must be in writing and be sent within 30 calendar days of the date the Veteran or Disabled Veteran was notified that they were not selected. The agency will respond in writing with the reasons for not appointing the Veteran or Disabled Veteran.
[ED. NOTE: Forms referenced are available from the agency.]
Stat.
Auth: ORS 240.145(3) & 240.250
Stats.
Implemented: ORS 408.225, 408.230 & 408.235
Hist.:
HRSD 3-2007(Temp), f. & cert ef. 9-5-07 thru 3-3-08; HRSD 1-2008, f. 2-27-08,
cert. ef. 3-1-08; HRSD 3-2009, f. 12-30-09, cert. ef. 1-1-10
105-040-0020
Types and Order of Applicant Lists
Applicability: Classified unrepresented, management service, and classified positions, except, where in conflict with a collective bargaining agreement.
(1) The State of Oregon uses a variety of applicant lists (some of which have an established order of use) to facilitate the selection of qualified applicants:
(a) First Consideration: Injured Worker Lists. These lists shall consist of the names of employees with compensable work-related injuries or illnesses that occurred while employed with a state agency in the Executive Branch. The employee must not have waived and reemployment rights in accordance with state workers' compensation laws, OAR 105-050-0020 or an applicable collective bargaining agreement:
(A) These lists are established as follows:
(i) Injured Worker List: by classification, for classifications at or below the injured worker's salary range, for which the injured worker meets the minimum qualifications; and
(ii) Placement on the lists shall be in ascending order by date of injury.
(B) The term of eligibility on the lists shall be until one of the following occurs:
(i) 3 years from date of injury; or
(ii) Until the employee is returned to a suitable position as identified in HRSD State Policy 50.020.03 Reinstatement and Reemployment of Injured Workers; or
(iii) Until an employee loses reemployment rights for reasons listed in ORS 659A.046(3).
(C) The Injured Worker lists shall be used first when filling all vacancies. Exceptions to this consideration are other injured workers with reinstatement rights to their former position and employees entitled to appointment to the position pursuant to provisions or other employment restrictions of a valid collective bargaining agreement between the employer and a representative of the employer's employees. Employees shall be appointed in the order in which they appear on the list if the employee meets the qualifications for the position.
(b) Second Consideration: Agency Layoff Lists. These lists shall consist of the names of permanent (full or part-time) and seasonal employees who have completed initial trial service with the State and have separated from the service in good standing due to layoff or demotion in lieu of layoff:
(A) These lists are established by classification within the category of service as specified in ORS 240.195. The term of eligibility on the list is two years from date of layoff or demotion. An individual shall be removed from the list upon the second refusal of a job offer unless an agency layoff plan allows for additional refusals or when the employee is returned to an equivalent position from which laid off (other than temporary work);
(B) Agency Layoff Lists shall be used when no qualified injured worker is available to fill the vacant position. An employee, on the agency layoff list of the same classification and category of service of the position to be filled, shall be appointed if the employee meets the special qualifications, if any, for the position. Appointments from the list shall be made consistent with the agency's layoff plan.
(c) Third Consideration: Statewide Reemployment Layoff Lists. These lists shall consist of names of permanent (full or part-time) employees in either the management or classified unrepresented service who have separated due to a layoff from state or unclassified executive service employees terminated from state service due to reduction in force. Employees on the Statewide Reemployment Layoff List must have completed initial trial service:
(A) These lists are established by classification. An employee may request placement on the list via his/her agency's personnel office for classifications for which qualified and which are the same classification, or same, equal, or lower salary range number. The term of eligibility on the list shall not be longer than two years from the date of layoff. An individual shall be removed from the list upon the second refusal of a job offer or when a person accepts a position and is returned to work (other than temporary work);
(B) Statewide Reemployment Layoff Lists shall be used when there are no qualified employees on the agency's layoff list or no agency layoff list exists. An agency shall consider employees on the list for the classification and may consider related classifications having similar knowledge and skills as the position to be filled and shall interview those employees who meet the special qualifications, if any, for the position;
(C) Agency promotion lists, statewide promotion lists, statewide transfer lists and open competitive lists may be used to supplement the applicant pool when fewer than five qualified applicants appear on the Statewide Reemployment Layoff List.
(d) The consideration of using other lists shall follow the injured worker, agency layoff, and statewide reemployment layoff lists, at the agency's discretion, with sequence optional:
(A) Agency Promotion Lists shall consist of names of an agency's employees who meet the qualifications for the position and pass the appropriate promotional test, if any. These lists are established by classification. The term of eligibility shall not be less than one month nor more than two years from date of placement or adoption of the list, whichever is later;
(B) Statewide Promotion Lists shall consist of names of eligible state employees who meet the qualifications of the position and pass the appropriate promotional test, if any. These lists are established by classification. The term of eligibility shall not be less than one month nor more than two years from date of placement or adoption of the list, whichever is later. Eligible state employees are current employees in an:
(i) Agency covered by ORS 240; or
(ii) Agency covered by an inter-agency agreement with HRSD that stipulates that the employees are eligible to apply to the statewide promotion list.
(C) Statewide Transfer Lists shall consist of names of eligible state employees who desire a transfer to a position of the same classification, or same, equal, or lower salary range number. These lists are established by classification. Employees may request placement on these lists via their agency's personnel office. The term of eligibility shall be two years from date of application or until the administrator elects to discontinue use of such lists. Eligible state employees are current employees in an:
(i) Agency covered by ORS 240; or
(ii) Agency covered by an inter-agency agreement with HRSD that stipulates that the employees are eligible to apply to the statewide transfer list.
(D) Open Competitive Lists shall consists of names of persons seeking employment with the state who meet the qualifications of the position and pass the appropriate entrance test, if any. In addition, the list will consist of any state employee seeking other employment with the state who has gained regular status in the classification of the position applied for and who meets any special qualification if any, for the position. These lists are established by classification. The term of eligibility shall not be less than one month nor more than two years from the date of placement or adoption of the list, whichever is later.
(2) Documentation retention requirements are outlined under HRSD State Policy 40.010.01, Recruitment and Selection Record Retention.
[Publications: Publications referenced are available from the agency.]
Stat. Auth.: ORS 184.340, 240.145 &
240.250
Stats. Implemented: ORS 240.306, 659A.052, 659A.043 &
659A.046
Hist.: PD 2-1994, f. & cert. ef. 8-1-94; HRSD 1-2003(Temp), f.
& cert. ef. 1-13-03 thru 7-12-03; HRSD 3-2003, f. & cert. ef.
4-30-03; HRSD 13-2003, f. 7-15-03, cert. ef. 7-21-03; HRSD 1-2007, f.
4-24-07, cert. ef. 5-1-07
105-040-0030
Use of Applicant Lists
Applicability: Classified unrepresented and management service positions, and initial appointment to all classified positions. Not applicable to represented positions where in conflict with a collective bargaining agreement.
(1) It is the policy of the State of Oregon to establish and maintain lists of qualified applicants to facilitate a selection process based upon required knowledge and skills.
(a) The order in which applicant lists are to be used shall be in accordance with Administrative Rule 105-040-0020, Types and Order of Applicant Lists, or as specified in collective bargaining agreements.
(b) Lists of eligibles necessary to provide an adequate number of qualified candidates shall, except for agency layoff or agency informational lists, be established and maintained on the Division's central system.
(c) When a vacant position is to be filled, an appointing authority, when appropriate, shall request a list of qualified applicants and receive a "certificate of eligibles" prior to conducting interviews.
(d) The certificate of eligibles shall be issued in one of the following formats, whichever is applicable:
(A) All applicants listed in rank order from the highest to lowest score;
(B) All applicants who meet the minimum qualifications for the position;
(C) A limited number of applicants selected at random from a list of all applicants who meet the minimum qualifications for the position.
(e) When a certificate of eligibles is issued in rank order from the highest to lowest score, applicants for interviews shall be selected in that same order. When certificates issued contain tied scores, all applicants with that score shall be offered an interview if one applicant with that score is interviewed.
(f) When a certificate of eligibles is issued for all applicants who meet the minimum qualifications for the position or for a limited number of applicants selected at random from such a list, all applicants shall be interviewed unless a valid screening process is developed and documented to select only the most qualified candidates for interview. If not all qualified applicants are to be interviewed, the job announcement shall inform applicants of the selection process being used. If the selection process includes ranking applicants using a numerical score or any other method of ranking applicants that does not result in a score, veterans' preference points shall be added, where applicable, at the time of ranking.
(g) When a certificate of eligibles is issued for a limited number of applicants selected at random from a longer list of all qualified candidates and the agency has not met its affirmative action goals, the certificate may include the same proportion of protected class candidates as the list of all qualified candidates. An appointing authority may supplement a randomly selected certificate of eligibles in the following manner:
(A) When a random certificate is requested to fill a vacant position for which there is an existing temporary appointment, an appointing authority may interview the temporary employee, or all temporary employees in the agency or work unit, in addition to the candidates listed on the randomly selected certificate of eligibles, provided that the temporary employee is included in the list of all qualified candidates and is performing the same duties of the vacant position.
(B) A randomly selected certificate of eligibles may be supplemented with the names of all qualified candidates who are clients of the Department of Human Services or Juvenile Justice Division programs described under OAR 105-040-0060, Limited-Competitive and Non-competitive Appointments.
(h) The number of candidates on the certificate of eligibles shall be determined by the appointing authority. However, all names with the same score, where scores are used, shall be included.
(i) A related applicant list of a classification having similar knowledge and skills may be used. However, applicants must meet the minimum qualifications for the position being filled.
(j) New and existing applicant lists may be consolidated, as necessary, provided minimum qualifications and the exam requirements are the same.
(k) Except for the expiration of the term of eligibility on an applicant list, any person whose name is removed from a list shall be promptly notified by the Administrator or delegated agency appointing authority of the reason for such removal.
(l) Appointment to a classification from an applicant list will automatically inactivate the applicant from all applicant lists except for agency layoff list, for classifications that:
(A) have a top step salary rate equal to or less than the appointed classification top step salary rate; and
(B) have a salary range number equal to or less than the appointed classification salary range number.
(m) The Administrator or delegated agency may remove a name from an applicant list for reasons including, but not limited to the following:
(A) Failure to respond within a reasonable time period to any inquiry to availability for appointment;
(B) Expiration of the term of eligibility on the list;
(C) Willful violation of these rules or policies, or provisions of the law;
(D) Falsifying statements on the application;
(E) Failure to pass required and job related criminal record or driving record checks;
(F) Cancellation of a list;
(G) Appointment made from a lay-off list to any classification;
(n) A disposition code shall be reported for each candidate appearing on the certificate of eligibles who was invited to interview.
(2) A certificate of eligibles is a list of candidates certified to a position, as a result of submitting of an application and meeting the minimum qualifications on the job announcement, passing the exam, where applicable, and were included in the number requested by the agency.
(3) A disposition code is a standardized code assigned by an appointing authority or designee to an applicant on a Certificate. The code identifies the action taken and if their name is inactivated or removed from the List. Documentation retention requirements are outlined under HRSD State Policy 40.010.01, Recruitment and Selection Record Retention.
(4) A protected class candidate is a female or person of color in one of the following groups:
(a) Asian or Pacific Islander: Persons having origins in any of the peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands. This area includes, for example, China, Japan, Korea, The Philippine Islands and Samoa.
(b) African American (not of Hispanic origin): Persons having origins in any of the black ethnic groups.
(c) Hispanic: Persons having origins in any of the Mexican, Puerto Rican, Cuban, Central or South American or other Spanish cultures, regardless of ethnicity.
(d) Native American or Alaskan Native: Persons having origins in any of the original peoples of North America, and who maintain cultural identification through tribal affiliation or community recognition.
(5) "Affirmative action goals" means those goals established in the state's Affirmative Action Plan.
Stat. Auth.: ORS 184.340
& 240.145
Stats. Implemented: ORS 240.010 & 240.306
Hist.: PD 2-1994, f. & cert. ef. 8-1-94; PD 3-1995, f. &
cert. ef. 11-3-95; HRSD 1-2000, f. 1-28-00 cert. ef. 2-1-00; HRSD
14-2003, f. 7-15-03, cert. ef. 7-21-03; HSRD 21-2003(Temp), f. &
cert. ef. 9-23-03 thru 12-19-03; HRSD 23-2003(Temp), f. 12-19-03,
cert. ef. 12-20-03 thru 3-20-04; HRSD 1-2004, f. & cert. ef.
3-5-04
105-040-0040
Types of Appointments
Applicability: Classified unrepresented and management service positions, initial appointment to all classified positions and temporary appointments.
(1) The State of Oregon has a variety of appointment types which are made in accordance with the type of position being filled and the individual needs of the agency. An agency head shall use one of the following methods to appoint persons to state service:
(a) Permanent Appointment: The appointment of a person to a permanent position;
(b) Seasonal Appointment: The appointment of a person to a position which occurs, terminates and recurs periodically or regularly;
(c) Temporary Appointment: The noncompetitive, non-status, appointment of a person for the purpose of meeting emergency, nonrecurring or short-term workload needs of the agency. A temporary employee shall be exempt from all provisions of the State Personnel Relations Law, Administrative Rules and HRSD Policies unless otherwise specified in accordance with HRSD State Policy 40.025.01, Temporary Appointments;
(d) Limited Duration Appointment: The appointment of a person for a study, project, workload need or when position reduction is anticipated.
(A) An appointment made for a study or project shall be for a period not to exceed two years, except when the position is grant funded, but shall expire upon the completion of the study or project or when funding is exhausted.
(B) Appointments made when position reduction is anticipated shall not exceed the end of the current biennium or current season that ends prior to the end of the biennium.
(C) Appointments made for workload need shall be for a period not to exceed two years.
(D) An applicant/employee accepting a limited duration appointment shall be informed of the conditions of the appointment, including employee status at the termination of the appointment, and shall acknowledge in writing acceptance of the appointment under those conditions.
(E) The Limited Duration Agreement model serves as a guide to establish conditions of a limited duration appointment. The agreement will require modification to fit each employee's individual appointment circumstance.
(e) Academic Year Appointment: The appointment of a person to a position which generally conforms to the academic year of mid-September to mid-June. Appointing authorities may extend employment into the period between academic years;
(A) Employees appointed to positions designated as academic year shall be placed on leave without pay during the unextended period between academic years. The employee shall be returned to the position on termination of leave without pay status. Time spent on such leave shall constitute service for purposes of computing vacation accrual rates, recognized service dates and any other purpose where service time is computed except for the period of trial service;
(B) A person accepting an academic year appointment shall be informed of the conditions of the appointment and shall acknowledge in writing acceptance of the appointment under those conditions.
(2) Documentation retention requirements are outlined under HRSD State Policy 40.010.001, Recruitment and Selection Records Retention.
[Publications: Publications referenced are available from the agency.]
Stat. Auth.: ORS
240.145
Stats. Implemented: ORS 240.306, ORS 240.309, ORS 240.321 & ORS
240.425
Hist.: PD 7-1981, f. & ef. 12-18-81; PD 2-1985(Temp), f. &
ef. 7-26-85; PD 1-1986, f. & ef. 1-23-86; PD 2-1989, f. &
cert. ef. 12-1-89; PD 2-1992(Temp), f. & cert. ef. 2-21-92; PD
4-1992, f. & cert. ef. 8-12-92; PD 2-1994, f. & cert. ef.
8-1-94, Renumbered from 105-043-0000; HRSD 2-2003(Temp), f. &
cert. ef. 1-13-03 thru 7-12-03; HRSD 3-2003, f. & cert. ef.
4-30-03; HRSD 15-2003, f. 7-15-03, cert. ef. 7-21-03
105-040-0050
Direct Appointment
Applicability: Classified unrepresented and management service positions, and initial appointment to all classified positions. This rule provides state agencies an alternative method to the open competitive process when making appointments to positions in state service. Through this alternative method, as in the competitive process, agency heads shall take proactive steps to achieve a diverse workforce representative of the Oregon community as a means of fulfilling their Affirmative Action Plans.
(1) The agency head has the delegated authority and discretion to make direct appointments consistent with the criteria established in (a) and (b) below:
(a) Criteria for direct appointment:
(A) A recent open competitive recruitment results in no suitable candidates as determined, documented, and certified by the agency head. To be considered recent, an open competitive recruitment must have been completed within the previous six (6) months. When a recent statewide or agency promotion recruitment results in no suitable candidates, OAR 105-040-0020, Types and Order of Applicant Lists, requires an open competitive recruitment to be completed before a direct appointment can be made; or
(B) The appointment is made consistent with a court or administrative order, consent decree, court or administrative settlement, or negotiated tort claim settlement; or
(C) The position requires special or unique skills at the professional level. Special or unique skills at the professional level are those which require specialized knowledge typically acquired from college coursework at the bachelor degree level or beyond; or
(D) The position being filled has critical timing requirements affecting recruitment. Critical timing requirements affecting recruitment means that the position is critical to agency operations and there is a demonstrated need to fill the position quickly; and
(b) Minimum Qualifications:
(A) The individual to be direct appointed meets the minimum qualifications of the classification; or
(B) The individual is appointed as an underfill and will meet the minimum qualifications of the position within 12 months of the appointment.
(2) The agency head has the delegated authority and discretion to make direct appointments consistent with HRSD State Policy 30.005.01, Effect of Position Change on Incumbents.
(3) Each direct appointment shall be documented. The documentation shall be retained for a minimum of three (3) years. The documentation shall cite the applicable rule criteria, results of any open competitive recruitment, the qualifications of the individual selected, and the agency appointing authority authorization signature.
Stat. Auth.: ORS
240.306(5), 240.145(3) & 240.250
Stats. Implemented: ORS 240.145(3), 240.250, 240.306, 240.311 &
240.321(2)
Hist.: PD 7-1981, f. & ef. 12-18-81; PD 4-1982, f. & ef.
7-1-82; PD 1-1985, f. & ef. 3-1-85; PD 1-1986, f. & ef.
1-23-86; PD 1-1989, f. & cert. ef. 2-10-89; PD 2-1989, f. &
cert. ef. 12-1-89; Suspended by PD 1-1993(Temp), f. & cert. ef.
2-17-93; PD 2-1993(Temp), f. & cert. ef. 8-27-93; PD 1-1994, f.
& cert. ef. 2-23-94; PD 2-1994, f. & cert. ef. 8-1-94;
Renumbered from 105-043-0005; PD 3-1995, f. & cert. ef. 11-3-95;
HRSD 2-1997, f. & cert. ef. 11-5-97; HRSD 16-2003, f. 7-15-03,
cert. ef. 7-21-03; HRSD 23-2003(Temp), f. & cert. ef. 11-25-03
thru 3-23-04; HRSD 2-2004, f. & cert. ef. 3-15-04
105-040-0060
Limited-Competitive and Noncompetitive Appointments
Applicability: Classified unrepresented and management service positions and initial appointment to all classified positions.
(1) It is the policy of the State of Oregon to facilitate the employment of persons who are disabled (as defined by ORS 174.107), economically disadvantaged or unskilled or semi-skilled through a limited-competitive or non-competitive appointment process:
(a) Recruitment for positions using employment programs serving people with disabilities administered by the Division is not limited to the Limited-Competitive and Non-Competitive Classification list. A limited-competitive selection process through such employment programs administered by the Division may be used to facilitate employment of persons with a disability;
(b) Recruitment for the economically disadvantaged and non-competitive appointments is limited to those classifications listed in this rule (Limited-Competitive and Non-Competitive Appointment Classifications List) unless otherwise authorized by the Division. When an appointing authority chooses to make an appointment using limited-competitive or non-competitive selection and appointment procedures, the appointing authority shall:
(A) Report vacancies to the field office of the Employment Department nearest the location of the vacancy when the recruitment is open to the public;
(B) Provide the Employment Department field office with a brief description of any job reported to that office; and
(C) Make affirmative efforts to supplement referrals to create a diverse pool of candidates.
(c) A limited-competitive selection process may be used for economically disadvantaged persons who meet the following criteria:
(A) Clients of the Department of Human Services programs;
(B) Clients of the Juvenile Justice Division programs funded by the state.
(d) The Division shall use the following criteria when reviewing appointing authority requests for additions to the Limited-Competitive and Non-competitive Appointment Classifications List:
(A) The classification requires minimal or no requisite knowledge or skills;
(B) It is impractical to develop an examination; and
(C) It is impractical to follow the normal recruiting process.
(2) A non-competitive appointment is made to designated classifications comprised of unskilled or semi-skilled positions for which there are minimal or no qualifying knowledge or skills, no screening and no ranking. Where more than one candidate is referred, the hiring manager may use a limited-competitive process to select the most qualified.
(3) Limited-competitive appointment may also be used to limit the competition for appointment to non-competitive classes to those persons who meet the criteria outlined in (1)(b)(A) above.
(4) Following is a list of Limited-Competitive and Non-competitive Appointment Classifications:
(a) 0001, Supported Employment Worker;
(b) 0100, Student Office Worker;
(c) 0101, Office Assistant 1;
(d) 0150, Student Professional/Technical Worker;
(e) 0315, Forestry Communications Dispatcher;
(f) 0405, Mail Services Assistant;
(g) 1105, Traffic Survey Interviewer;
(h) 3769, Experimental Biology Aide;
(i) 4101, Custodian;
(j) 4114, Student Worker Labor/Trades/Service;
(k) 4115, Laborer 1;
(l) 4116, Laborer 2;
(m) 4120, Trades/Maintenance Worker 1;
(n) 4125, Litter Patrol Worker;
(o) 4137, Liquor Distribution Worker 1;
(p) 4403, Transporter;
(q) 5515, Property Guard;
(r) 6605, Human Service Assistant 1;
(s) 6701, Student Human Services Worker;
(t) 6725, Habilitative Training Technician 1;
(u) 6750, Group Life Coordinator 1;
(v) 8125, Agricultural Worker;
(w) 8201, Forest Nursery Worker 1;
(x) 8202, Forest Nursery Worker 2;
(y) 8208, Forest Lookout;
(z) 8235, Student/Professional Forester Worker;
(aa) 8319, Fish and Wildlife Technician (Entry);
(bb) 9100, Food Service Worker 1;
Stat. Auth.: ORS 184.340, 240.145(3) &
240.250
Stats Implemented: ORS 240.306, 240.321 & 657.710
Hist.: PD 2-1994, f. & cert. ef. 8-1-94; HRMD 2-1996, f. 3-28-96,
cert. ef. 4-1-96; HRSD 17-2003, f. 7-15-03, cert. ef. 7-21-03; HRSD
1-2007, f. 4-24-07, cert. ef. 5-1-07
105-040-0065
Management Service Trial Service Period
(1) Individuals appointed to a position in the Management Service as provided in ORS 240.195 and 240.212 are subject to a trial service period.
(2) A trial service period is the final phase of the hiring process to afford an employee the opportunity to demonstrate the ability to perform the work and provide state agencies the opportunity to confirm qualifications and fitness of an employee for a position.
(3) A state agency head has the authority to establish a trial service period for appointments to positions in the Management Service consistent with the following criteria:
(a) A trial service period is required upon initial appointment or promotion;
(b) A trial service period shall be no less than 6 months but may be up to 12 months based upon specific circumstances that affect the amount of time needed to demonstrate competency. Part-time employees shall serve a trial service period equivalent to that set by the agency for the specified classification on an hourly basis. For example, a 6-month trial service period is equivalent to 1040 hours for a part-time employee;
(c) A temporary appointment made pursuant to ORS 240.309 does not count as any portion of a trial service period upon subsequent appointment to a regular, limited duration, or seasonal status position in the management service;
(d) Upon successful completion of a trial service period, an employee shall gain regular status. A seasonal employee who does not complete trial service in a single seasonal period shall be credited with accumulated service if a break between service periods does not exceed two years.
(4) At the discretion of a state agency head or a state agency appointing authority, a trial service period, of 6 to 12 months, may be established when a regular status employee in any category of state service is appointed to a position in the Management Service by:
(a) Transfer to a different agency; or
(b) Transfer back to the same agency after an absence of more than one year; or
(c) Reemployment with a different agency; or
(d) Reemployment with the same agency after an absence of more than one year; or
(e) Voluntary demotion to a different classification series.
(5) A state agency head or a state agency appointing authority may extend the trial service period by the corresponding total number of days a period of leave with or without pay exceeds 15 calendar days.
Stat. Auth.: ORS 183.335, 183.341, 184.340,
240.250, 240.145(3)
Stats. Implemented: ORS 183.335, 183.341 240.316, 240.410,
240.570(3)
Hist.: HRSD 2-2007, f. 4-24-07, cert. ef. 5-1-07
105-040-0070
Alternate Methods of Filling Positions
Applicability: All employees (where not in conflict with collective bargaining agreements). All positions shall normally be filled at the budgeted salary range level and classification. However, an appointing authority may use the following alternate methods of filling positions to provide for situations such as employee development, job sharing, and short-term transitioning.
(1) Underfill:
(a) A position may be underfilled with an individual in a lower salary range number and classification when there is a reasonable expectation that the employee will meet minimum qualifications of the allocated level of the position within twenty-four (24) months of appointment made from a certificate or within 12 months of a Direct Appointment. Appointment may be from a certificate or as a direct appointment consistent with Administrative Rule 105-040-0050, Direct Appointment. Upon meeting position qualification and performance requirements, the employee shall be changed to the allocated level of the position;
(b) An employee underfilling shall be advised of the requirements necessary to qualify for the position they are underfilling.
(2) Doublefill:
(a) An appointing authority may employ two or more employees in a position as a doublefill for the following purposes:
(A) To cover an employee on leave for any reason when a temporary appointment is not appropriate and a vacant position does not exist to address the workload need;
(B) Short-term transitioning of employees into impending vacant positions for purposes of training;
(C) The position establishment is pending the Position Inventory Control System (PICS) update;
(D) When approved and/or directed by Budget and Management Division to address budget issues, or
(E) Job share not exceeding 1.0 FTE.
(b) Employees doublefilling positions shall meet the minimum qualifications of those positions and be appointed in accordance with applicable recruitment and appointment rules, policies, or collective bargaining agreements;
(c) The doublefill method of filling positions shall not be used to permanently increase legislatively authorized staffing levels.
(3) Crossfill: A position may be crossfilled to a different classification with an equal salary range number providing the position establishment or modification is pending the PICS update.
Stat. Auth.: ORS 184.340
& ORS 240.145
Stats. Implemented: ORS 240.145, ORS 240.012, ORS 240.013, ORS
240.015, ORS 240.250
Hist.: PD 2-1994, f. & cert. ef. 8-1-94; PD 3-1995, f. &
cert. ef. 11-3-95; HRSD 3-1996, f. & cert. ef. 8-1-96; HRSD
18-2003, f. 7-15-03, cert. ef. 7-21-03
105-040-0080
Reemployment
Applicability: Classified unrepresented, management service and exempt service employees.
(1) This rule provides state agencies a non-competitive method of reemploying experienced former state employees who separated from state service in good standing.
(a) An appointing authority may non-competitively reemploy classified service unrepresented and management service employees who separate from state service in good standing, voluntarily demote, or are reclassified downward in any agency in the same, equal, or lower classification for which qualified within two years from the effective date of such action;
(b) An appointing authority may non-competitively reemploy an exempt service employee who has been employed full-time for at least 12 months consecutively in such service in a position for which qualified within two years from the date of separation from state service if such separation is in good standing;
(c) Reemployment of an exempt service employee shall occur only after any current collective bargaining unit member has exhausted any right under an applicable collective bargaining agreement and after a current classified unrepresented or management service employee has exhausted layoff and reemployment eligibility under applicable Administrative Rules and HRSD State Policies.
(2) In the event of a subsequent appointment to a classification with a lower salary range, reemployment eligibility continues for the remainder of the two year period for the original classification from which separated.
Stat. Auth.: ORS 184.340,
ORS 240.145 & ORS 240.250
Stats. Implemented: ORS 240.590
Hist.: PD 7-1981, f. & ef. 12-18-81; PD 3-1982, f. & ef.
3-1-82; PD 2-1985(Temp), f. & ef. 7-26-85; PD 1-1986, f. &
ef. 1-23-86; PD 2-1989, f. & cert. ef. 12-1-89; PD 2-1994, f.
& cert. ef. 8-1-94, Renumbered from 105-043-0010; HRSD 19-2003,
f. 7-15-03, cert. ef. 7-21-03
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