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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.
   

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