[Previous] [Next]
§74-840-4.12.
§74-840-4.12.
A. The Administrator of the Office of Personnel Management shall be
responsible for conducting promotional examinations and entrance
examinations as required under the Oklahoma Personnel Act. Such
examinations shall be of such character as to determine the
qualifications, fitness and ability of the persons tested to perform
the duties of the job family or job family level for which such tests
or examinations are given. Provided, however, tests and examinations
of persons with severe disabilities who have satisfactorily completed
vocational and technical education courses in vocational training
units or divisions approved by the Department of Rehabilitation
Services shall be limited in scope so as to relate to the skill and
physical capability required for a particular position. Adequate
public notice shall be given of all examinations except for promotion
within a department or agency.
B. No person shall be required to take an entrance examination for an
appointment to a job family level requiring licensing by a state
agency if that person has been previously tested and is currently
licensed by the State of Oklahoma.
C. No entrance examination shall be required when the job family
descriptor requires a bachelor's degree or its equivalent, plus three
(3) years of qualifying work experience.
D. Promotional examinations for promotion within an agency, unless
requested by the agency, shall not be required; provided that the
promotion is in accordance with a plan adopted by the Administrator
and is in accordance with a plan adopted by the promoting agency.
Every employee promoted within an agency shall serve a six-month trial
period in the job level to which the employee is promoted, unless the
trial period is waived, in writing, by the appointing authority. At
any time during a trial period, the appointing authority may return
the employee to the level from which the employee was promoted upon
written notification by the appointing authority to the employee as to
such action and the reason therefor, and the employee shall not have
the right to appeal.
E. The Administrator shall accept Certificates of Proficiency issued
by accredited private or public schools, colleges or the Oklahoma
Employment Security Commission in lieu of typing and shorthand tests.
F. The Office of Personnel Management shall certify that a candidate
meets the necessary job qualifications for a job family level in the
classified service for the purpose of allowing that candidate to be
appointed to a job. The Administrator of the Office of Personnel
Management may delegate the certification function provided by this
section to an agency pursuant to subsection E of Section 840-1.15 of
this title. Any statute which creates any position or qualifications
for any position in the classified service shall not be construed to
limit the power of the Administrator to interpret or add to those
qualifications in a reasonable manner consistent with the intent of
the Legislature and the duties of that position. Any statute which
empowers any agency head or other employer to hire or nominate persons
for employment within the classified service shall not be construed to
empower that agency head or other employer to waive or modify any
qualification or rule for employment established by the Administrator.
The Administrator shall not be construed to have the authority to
limit or reduce any qualification established by statute for any
position. The constructions established herein shall apply to any
statutes or positions heretofore or hereafter created unless that
statute clearly and specifically states that such constructions do not
apply.
G. Subsections A through F of this section shall not apply to special
disabled veterans who are considered for employment under the
provisions of Sections 401 through 404 of Title 72 of the Oklahoma
Statutes. Provided, said veterans may elect instead to be considered
for employment according to the procedures set out in subsections A
through F of this section.
H. Subsections A through F of this section shall not apply to persons
with severe disabilities who are considered for employment under the
provisions of this subsection. Provided, said persons may elect
instead to be considered for employment according to the procedures
set out in subsections A through F of this section.
1. As used in this subsection "persons with severe disabilities" means
persons certified as having disabilities according to standards and
procedures established by the Administrator. Said standards and
procedures shall be developed by the Administrator of the Office of
Personnel Management with the assistance of the Office of Handicapped
Concerns, and the Department of Rehabilitation Services.
2. Agencies of this state may employ persons with severe disabilities
who are legal residents of the state in competitive and noncompetitive
jobs. Except for the requirement of minimum qualifications specified
in applicable job specifications, such persons with disabilities shall
be exempt from entrance examinations and hiring procedures
administered by the Office of Personnel Management pursuant to this
section and Section 840-4.13 of this title.
3. Persons with severe disabilities hired pursuant to this subsection
shall be appointed for a probationary period pursuant to Section
840-4.13 of this title.
4. Persons with severe disabilities hired pursuant to this subsection
shall be subject to the rules of the Administrator of the Office of
Personnel Management.
5. The Office of Personnel Management shall maintain records regarding
the employment of persons with severe disabilities by state agencies
and shall report the number of persons so employed in its annual
report for the Office of Personnel Management required by Section
840-1.6A of this title.
I. 1. This subsection shall be known and may be cited as the "Fair
Employment Practices Act".
2. Agencies of this state may use the optional hiring procedure
provided in this subsection to employ females, blacks, Hispanics,
Asian/Pacific Islanders and American Indians/Alaskan natives, as
defined by the Equal Employment Opportunity Commission, who are legal
residents of the state in competitive and noncompetitive jobs.
Individuals must meet the minimum qualifications and pass any required
examinations established by the Office of Personnel Management or by
statute. Except for any required examinations and minimum
qualifications specified in applicable job specifications, such
persons shall be exempt from the hiring procedures administered by the
Office of Personnel Management. Persons may only be employed under
this subsection in a job family level, group or category which has
been identified as underutilized and in which an appropriate hiring
goal has been set in the state agency's affirmative action plan
approved by the Office of Personnel Management pursuant to the
provisions of Section 840-2.1 of this title. In addition, the
appointing authority of the employing agency must determine that a
manifest imbalance exists which justifies remedial action pursuant to
this subsection in order to reach the affirmative action hiring goal.
Provided further, that eligible war veterans, as defined by Section
67.13a of Title 72 of the Oklahoma Statutes, who are members of the
group for which a hiring goal has been set shall be considered by the
employing agency before a nonveteran is appointed pursuant to this
subsection.
3. To be eligible for appointment, the persons who are members of the
group for which a hiring goal has been set must score within the top
ten scores of other available members of said group based on any
examination or rating of education and experience.
4. Persons hired pursuant to this subsection shall be appointed for a
probationary period pursuant to Section 840-4.13 of this title.
5. Upon acquiring permanent status, the employee shall be subject to
the rules and regulations of the Office of Personnel Management and to
full rights and entitlements of state employees in the classified
service.
6. The authority for an agency to make appointments pursuant to this
subsection shall be temporary and shall cease when the appointing
authority of an agency can no longer justify remedial action pursuant
to this subsection.
7. The Office of Personnel Management shall maintain records regarding
the employment of persons by state agencies pursuant to this
subsection and shall report the number of persons so employed in its
annual report for the Office of Personnel Management required by
Section 840-1.6A of this title.
[Previous] [Next]