A. Open
Competitive Examinations
1. Competitive
examinations for original appointment to classified positions in the state
service shall be open to all applicants who are citizens of the United States,
who are residents of Maine immediately preceding date of employment and who
meet reasonable standards of requirements fixed by the Director of Human
Resources with regard to experience, character, age, education, physical
condition, and such other factors as may be held to relate to the ability of
the candidates to perform with reasonable efficiency the duties of the
position.
2. No application shall
be rejected solely because the applicant lacks educational qualifications,
except where such educational qualifications are reflected in necessary
registrations such as to practice law, medicine, or engineering, or where such
educational requirements are set as standards by federal agencies making
grants-in-aid or otherwise contributing to state programs.
3. In the case of classes of positions
requiring professional, technical, or unusual qualifications, eligibility for
competitive examinations may be extended by the Director of Human Resources to
non-residents who are citizens of the United States and otherwise
qualified.
B.
Promotional Examinations
Promotional examinations shall be open to all permanent or
probationary employees or persons on layoff registers who meet the requirements
described in the foregoing rule, and who are serving in or on layoff from the
agency or other organizational unit for which the examination is being
held.
C. Cause for
Disqualification
The Director of Human Resources may reject the application of
any person for admission to an examination, or refuse to test any applicant, or
refuse to certify the name of any eligible for employment who:
a. Has been found to lack any of the
established qualifications for the position for which he/she applies or for
which he/she has been tested;
b.
Has made false statement of any material fact or has practiced or attempted to
practice deception or fraud in his/her application or-examination;
c. Is medically or physically unfit to
perform effectively the essential duties of the position, and documentation
exists to support this claim;
d.
Has unsatisfactory record of employment, public or private, which provides a
reasonable doubt as to the person's ability to perform satisfactorily the
duties of the position, and documentation exists to support this claim;
or
e. Is otherwise in violation of
Civil Service Law or these rules.
2. The Director of Human Resources may
establish procedures concerning investigation of the character, reputation and
experience/training of applicants, but shall take reasonable precaution as to
the confidentiality of such investigation, and in addition shall seek and
consider positively any evidence of rehabilitation of the person with respect
to disqualifying evidence reported.
3. Any determination of disqualification
shall be reported in writing to the person, applicant, or eligible, together
with a statement expressing a right to appeal such determination to the
Director of Human Resources.
