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§74-840-4.13.
§74-840-4.13.
A. Based upon the results of competitive entrance examinations and
registers, as provided by the Oklahoma Personnel Act, the
Administrator of the Office of Personnel Management shall certify to
the appointing authority the names of the ten persons receiving the
highest grade or score in said examinations plus all eligible
applicants whose grade or score is tied with the lowest ranking of
those so eligible.
B. In addition to establishing statewide registers pursuant to
subsection A of this section, the Administrator is hereby authorized
to promulgate rules creating a local register to fill a vacancy in a
local office of an agency by providing a certificate of available
names of eligible persons who are residents of the county where the
local office is located or said county and adjacent counties or a
group of contiguous counties comprising a service area of an agency.
Available eligible residents shall be certified ahead of other
available eligible persons who reside outside the area of the local
register. In filling vacant positions, the appointing authority shall
select any one of the persons whose names have been so certified and
may give preference in all cases to persons who have resided in this
state for at least one (1) year prior to the date of the examination.
Provided, however, that any appointing authority authorized to employ
persons who are not citizens of the United States, pursuant to Section
255 of this title, may request the Office to certify only the names of
persons who are citizens of the United States in carrying out the
provisions of this section; and such appointing authority may select
any person so certified to the Administrator to fill such vacant
positions even though a noncitizen may have received a higher grade on
the examination. Provided, further, that any appointing authority may
select special disabled veterans considered for employment pursuant to
Sections 401 through 404 of Title 72 of the Oklahoma Statutes. The
Department of Public Safety, in filling vacancies for Highway Patrol
Cadets, may disqualify any eligible whose name has been certified for
Highway Patrol Cadet pursuant to subsection A of this section, if the
Department of Public Safety considers the eligible in connection with
the hiring of three other eligibles pursuant to subsection A of this
section from that certificate. The name of such disqualified eligible
shall be omitted from further certification to, and consideration by,
the Department of Public Safety for appointment as a Highway Patrol
Cadet to the next immediate Highway Patrol Academy for which vacancies
are being filled. Such disqualification shall neither deprive any
person of any preference pursuant to paragraph 3 of subsection A of
Section 840-4.14 of this title nor deprive any person from
certification to, and consideration by, the Department of Public
Safety for appointment as a Highway Patrol Cadet to a Highway Patrol
Academy to be held after the next immediate Highway Patrol Academy.
The Department of Public Safety shall provide written notice of the
disqualification to the Office of Personnel Management. The Department
of Corrections, in filling vacancies for Correctional Officer Cadets
and Probation and Parole Officers, may disqualify any eligible whose
name has been certified for Correctional Officer Cadet or Probation
and Parole Officer, pursuant to subsection A of this section, if the
Department of Corrections considers the eligible in connection with
the hiring of three other eligibles pursuant to subsection A of this
section from that or any other certificate. The name of such
disqualified eligible shall be omitted from future certification to,
and consideration by, the Department of Corrections for appointment as
a Correctional Officer Cadet or Probation and Parole Officer for a
period of six (6) months, at which time the eligible may request
restoration to the register by the Office of Personnel Management.
Such disqualification shall not deprive any person of any preference
pursuant to paragraph 3 of subsection A of Section 840-4.14 of this
title. The Department of Corrections shall provide written notice of
the disqualification to the Office of Personnel Management.
C. Agencies may fill positions requiring professional practice
licensure and hard-to-fill positions pursuant to authorization by the
Administrator without regard to subsections A and B of this section.
The Administrator shall promulgate rules to authorize agencies to fill
positions directly, pursuant to this subsection. Such rules shall
include criteria for identifying professional practice licensure
positions and hard-to-fill positions which shall not require
establishment of an employment list of eligible persons or the
application of veterans preference. The Administrator shall monitor
appointments made by agencies pursuant to this subsection and shall
establish recordkeeping and reporting procedures and the conditions
under which the Administrator may withdraw authorization for agencies
to directly hire persons into hard-to-fill positions. Nothing in this
subsection shall be construed to waive any requirement for any job or
position established by statute or the Administrator.
D. Every person, except as provided in subsection E of this section,
upon initial appointment under the classified service, shall be
appointed for a probationary period of one (1) year, except that the
appointing authority may waive in writing the remainder of the
probationary period at any time after a probationary employee has
served six (6) months; 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. The probationary
appointment of any person may be terminated at any time during the
probationary period without the right of appeal. At the close of the
probationary period, as herein provided, said person shall acquire a
permanent status under the conditions prescribed in the Oklahoma
Personnel Act.
E. Every person initially appointed under the classified service as an
agent of the Alcoholic Beverage Laws Enforcement Commission shall be
appointed for a probationary period of one (1) year.
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