§74-840-4.12v1.

§74-840-4.12v1.
   
   A. The Administrator 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 class of positions 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 if that
   person has been previously tested and licensed by the State of
   Oklahoma; such person shall be rated according to training and
   experience.
   
   C. No entrance examination shall be required when the job
   specifications require a bachelor's degree or its equivalent, plus
   three (3) years of qualifying work experience; such person shall be
   rated according to training and experience.
   
   D. Promotional examinations for promotion within an agency, unless
   requested by the agency, shall not be required; provided that said
   promotion is in accordance with rules 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 class 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 class from which the employee was promoted upon
   written notification 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 of a classification in the
   classified service for the purpose of allowing that candidate to be
   appointed to a position in that class. 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. A list of persons with severe disabilities employed by state
   agencies pursuant to this section shall be provided by each state
   agency to the Office of Personnel Management which shall maintain
   records regarding the employment of persons with severe disabilities
   and report the total number of such persons with severe disabilities
   so employed to the Director of the Office of Handicapped Concerns.
   
   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 class, 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. A list of persons employed by state agencies pursuant to this
   subsection shall be provided by each state agency to the Office of
   Personnel Management which shall maintain records regarding the
   employment of persons and annually report the total number of persons
   so employed to the Governor, Speaker of the House of Representatives,
   President Pro Tempore of the Senate and the Merit Protection
   Commission.