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§74-840-4.12v2.
§74-840-4.12v2.
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 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 guidelines adopted by the
Administrator and is in accordance with a plan adopted by the
promoting agency.
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, B, C, D, E and 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, B, C, D, E and 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 of six (6) months. At the
end of the probationary period if the work of said person with severe
disabilities is satisfactorily performed, the person with a severe
disability shall acquire permanent status.
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 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 of six (6) months, except that the appointing
authority may extend a probationary period, not to exceed a total of
nine (9) months for an individual, provided, however, that the
employee and the Administrator of the Office of Personnel Management
shall be notified in writing as to such action and the reason
therefor. At the end of the probationary period if the work of such
person is satisfactorily performed as reflected in a service rating
made pursuant to Section 840-4.17 of this title, such person shall
acquire permanent status.
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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