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Oregon Bulletin

January 1, 2011

 

Department of Administrative Services,
Human Resource Services Division
Chapter 105

Rule Caption: Establishes processes for individuals to apply for state employment and agencies to fill positions.

Adm. Order No.: HRSD 3-2010

Filed with Sec. of State: 11-24-2010

Certified to be Effective: 11-28-10

Notice Publication Date: 11-1-2010

Rules Amended: 105-040-0010, 105-040-0020, 105-040-0030, 105-040-0060

Subject: These rules describe how individuals apply for positions in the classified and management service of the state. The rules establish how state agencies conduct the process to fill positions.

      Background: On April 1, 2010, the state adopted a web-based job posting and applicant management system. This system allows applicants to apply for positions on-line and more quickly. The system allows agencies to select applicants for interviews in rank order based on desired attributes rather than a “score” generated by a traditional civil service “test.” Additionally, the current rules outline the process to use random lists of qualified applicants.

      On June 1, 2010, the temporary rules were effective to accomplish the following:

      OAR 105-040-0010, requires applicants to submit the state application form (PD 100) to seek employment with the state. The E-Recruit system makes the form PD 100 obsolete. Individuals can no longer use the PD 100 to apply for positions. They must use the E-Recruit system. The rule requires hiring agencies give a minimum of two weeks notice when filling vacancies. With E-Recruit, individuals may apply quickly to positions on-line without faxing, mailing or hand-delivering applications. Consequently, hiring agencies can generate applicant pools quickly and efficiently. Agencies in need to quickly fill positions and individuals needing to start employment as soon as possible are benefited by a shorter recruitment/selection cycle.

      OAR 105-040-0200 is unclear on the appropriate order of priority lists. The temporary rule ensures injured workers and employees on lay off recall lists obtain first consideration. The temporary rule removes a requirement that current employees of the state must hold regular status before applying to an open competitive job posting. This requirement prevents current employees from obtaining other employment. Such restrictions are not placed on the general public.

      OAR 105-040-0030 uses terms and procedures such as “certificate of eligibles”; “random certificate” and; “disposition code” which are no longer relevant in the new E-Recruit system. The permanent rule describes obsolete processes to include random selection of qualified applicants, consolidation of new and existing applicant lists. The temporary rule defines terms and describes procedures applicable to the E-Recruit system. Doing so will avoid applicant and agency confusion, ensure use of consistent terminology, and reduce technical and procedural errors.

      OAR 105-040-0060 lists obsolete classifications and fails to list other appropriate and active classifications. The temporary rule updates the list with currently active position classifications.

      The permanent rules codify the language in the temporary rules that expire on November 27, 2010 in addition to the following changes:

      OAR 105-040-0010

      Section (1) – sentence restructured – non-substantive change.

      Section (1)(a) – the word ‘selection’ changed to ‘application screening’ to accurately reflect information in job posting.

      Section (4)(b) – clarified applicant review request process.

      Section (4)(c) – clarified when an applicant may reapply for a posting.

      OAR 105-040-00020

      Section (1)(a) – more descriptive intent of priority list added.

      Section (1)(a)(A) – added statutory reference for rights and benefits to injured workers in the employment process.

      Section (1)(a)(B) – added clarity on the exhaustion of the Agency layoff list.

      Section (1)(a)(C)(i) – added back original language omitted during temporary rule process on the eligibility of applicants on the Statewide Layoff lists.

      Section (1)(a)(C)(ii) – sentence restructured – non-substantive change.

      Section (1)(b) – reorganized existing language from other section for better flow of process and information.

      OAR 105-040-0030

      Updated the term ‘list of eligibles’ to ‘eligible list’ throughout the rule.

      Section (1)(c) – updated definition to reflect new process.

      Section (2)(c) – added reminder of compliance with other OAR’s when filing positions.

      OAR 105-040-0060

      Section (1)(b) – removed redundancy to provide job information.

      Section (3) – updated reference.

      Section (4) – added an additional classification and corrected an existing classification title.

Rules Coordinator: Jeffery Kohlleppel—(503) 378-2349, ext. 325

105-040-0010

Recruitment and Selection Process

Applicability: Classified unrepresented and management service positions, and initial appointment to all classified positions. It is the policy of the State of Oregon to base hiring and promotion decisions on an applicant’s relative knowledge, experience, and skills, determined by competition without regard to an individual’s race, color, religion, sex, marital status, national origin, political affiliation, age, disability, sexual orientation or other non-job-related factors, with proper regard for an individual’s privacy.

(1) An applicant shall follow the instructions to apply by submitting an official State of Oregon application within the designated time-period.

(2) Hiring agencies provide a minimum seven calendar days notice of employment opportunities when filling vacancies, other than agency promotions, by using the State’s Jobs page on the internet. Accordingly:

(a) Job postings shall include job requirements, minimum qualifications from classification specifications, any special qualifications, salary, application screening process to be used, application deadline, and any supplemental questions or additional application requirements.

(b) Any recruitment and selection process shall be competitive, unbiased and of such content as to assist in determining an applicant’s qualifications to perform the work.

(3) Hiring agencies have the authority to verify a statement contained in an application or a statement made in an interview and secure further information concerning the applicant’s qualifications. An adjustment may be made to the applicant’s rating if information obtained materially affects the applicant’s rating of experience, education, training, or suitability.

(4) Applicants may:

(a) Obtain information regarding employment opportunities by accessing the State’s Jobs page on the internet;

(b) Request a review of disqualification within 10 calendar days from the date of disqualification notice for not meeting minimum qualifications as stated in the job posting. The review shall be limited to the disqualification decision. Any changes due to a disqualification review shall not affect the previous selection decision(s) concerning other applicants;

(c) Reapply to a specific job posting if the job posting is still open for application, unless a hiring agency has determined a time period for reapplication. The most recent application submitted determines a qualified applicant’s placement on the eligible list.

(5) Documentation retention requirements are outlined under State Human Resources Policy 40.010.01 Recruitment and Selection Records Retention.

Stat. Auth.: ORS 184.340 & 240.145(3)

Stats. Implemented: ORS 240.250, 240.306, 240.321 & 240.391

Hist.: PD 2-1994, f. & cert. ef. 8-1-94; PD 3-1995, f. & cert. ef. 11-3-95; HRSD 1-1999, f. & cert. ef. 9-1-99; HRSD 12-2003, f. 7-15-03, cert. ef. 7-21-03; HRSD 1-2010(Temp), f. 5-27-10, cert. ef. 6-1-10 thru 11-27-10; HRSD 3-2010, f. 11-24-10, cert. ef. 11-28-10

105-040-0020

Types and Order of Applicant Lists

Applicability: Classified unrepresented, management service, and classified positions, except, where in conflict with a collective bargaining agreement.

(1) The State of Oregon uses the following eligible lists (some of which have an established order of use) to facilitate the recruitment and selection process:

(a) Priority Lists: Priority lists shall be used in the order listed below or as prescribed by the applicable collective bargaining agreement. Priority lists shall be used when making any appointment, except for appointments made as part of workforce adjustments to prevent layoff.

(A) First priority: Injured Worker List. This list shall consist of employees with compensable work-related injuries or illnesses that occurred while employed in accordance with ORS 659A.052. The employee must not have waived reemployment rights in accordance with state workers’ compensation laws, an applicable collective bargaining agreement or, state HR policy.

(B) Second priority: Agency Layoff Lists. The use of this list shall follow the exhaustion of the first priority list. These lists shall consist of permanent (full or part-time) and seasonal employees who completed initial trial service with the State and separated from the service in good standing due to layoff or demotion in lieu of layoff.

(i) Agency Layoff Lists are established by individual agencies. Eligible employees are placed on the list by the classification at separation or demotion within the category of service specified in ORS 240.195. The term of eligibility on the list is two years from date of layoff or demotion. An individual shall be removed from the list upon the second refusal of a job offer unless an agency layoff plan allows for additional refusals or when the employee is returned to an equivalent position from which laid off (other than temporary or limited duration work).

(ii) Agency Layoff Lists shall be used when no qualified injured worker is available to fill the vacant position. An employee, on the agency layoff list of the same classification and category of service of the position to be filled, shall be appointed if the employee meets the special qualifications, if any, for the position. Appointments from the list shall be made consistent with the agency’s layoff plan.

(C) Third priority: Statewide Layoff List: The use of this list shall follow the exhaustion of first and second priority lists. An employee may request placement on the list via his or her agency’s human resource office for classifications for which qualified and are the same classification, or same, equal, or lower salary range number.

(i) The Statewide Layoff List shall consist of permanent (full or part-time) employees in either the management or classified unrepresented service who separated due to a layoff or unclassified executive service employees terminated from state service due to reduction in force. Employees on the Statewide Layoff List must have completed initial trial service. The term of eligibility on the list is two years from the date of layoff. An individual shall be removed from the statewide layoff list upon the second refusal of a job offer or when a person accepts a position and is returned to work (other than temporary or limited duration).

(ii) A hiring agency shall consider and interview those employees who meet the special qualifications, if any, for the position. A hiring agency may supplement the candidate pool using other eligible lists in expanding order: Agency Transfer, Agency Promotion, Statewide Promotion, and Open Competitive.

(b) Other eligible lists may be used when making an appointment after fulfillment of the requirements in (1)(a):

(A) At their option, agencies may create and maintain an agency transfer list. Transfer Lists shall include eligible state employees who apply for and meet the qualifications of a position of the same classification, or same, equal, or lower salary range number. Employees may request placement on transfer lists via his or her agency’s human resources office. If an employee wishes to transfer to another agency, he or she must contact that agency’s human resources office to request placement on the list, if possible. Eligible state employees are current employees in an:

(i) Agency covered by ORS 240; or

(ii) Agency covered by an inter-agency agreement with HRSD that stipulates that the employees are eligible to apply to the statewide transfer list.

(B) Agency Promotion Lists shall consist of agency employees who apply for and meet the qualifications of the position.

(i) Agency covered by ORS 240; or

(ii) Agency covered by an inter-agency agreement with HRSD that stipulates that the employees are eligible to apply to the agency promotion list.

(C) Statewide Promotion Lists shall consist of eligible state employees who apply for and meet the qualifications of the position. Eligible state employees are current employees in an:

(i) Agency covered by ORS 240; or

(ii) Agency covered by an inter-agency agreement with HRSD that stipulates that the employees are eligible to apply to the statewide promotion list.

(D) Open Competitive Lists shall include persons seeking employment with the state who meet the qualifications of the position.

(2) Documentation retention requirements are outlined under State HR Policy 40.010.01 Recruitment and Selection Record Retention.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 184.340, 240.145 & 240.250

Stats. Implemented: ORS 240.306, 659A.052, 659A.043 & 659A.046

Hist.: PD 2-1994, f. & cert. ef. 8-1-94; HRSD 1-2003(Temp), f. & cert. ef. 1-13-03 thru 7-12-03; HRSD 3-2003, f. & cert. ef. 4-30-03; HRSD 13-2003, f. 7-15-03, cert. ef. 7-21-03; HRSD 1-2007, f. 4-24-07, cert. ef. 5-1-07; HRSD 1-2010(Temp), f. 5-27-10, cert. ef. 6-1-10 thru 11-27-10; HRSD 2-2010(Temp), f. & cert. ef. 10-5-10 thru 11-27-10; HRSD 3-2010, f. 11-24-10, cert. ef. 11-28-10

105-040-0030

Use of Applicant Lists

Definitions:

Applicability: Classified unrepresented and management service positions, and initial appointment to all classified positions. Not applicable to represented positions where in conflict with a collective bargaining agreement.

(1) Definitions: (see also HRSD Rule 105-010-0000 Definitions Applicable Generally to Personnel Rules and Policies).

(a) Inactivation Reason: An inactivation reason is a standardized code assigned by a hiring agency to indicate an applicant is no longer active on a list of eligibles or a referral list.

(b) Eligible List: A list of applicants who meet minimum and special qualifications.

(c) Referral List: A list of applicants referred from an eligible list.

(d) Special Qualifications: Qualifications added to minimum qualifications necessary at the time of appointment based on specific duties of the position to be filled. Special qualifications may include, but are not limited to bilingual skills or, licenses, permits and certifications required by law.

(2) The State of Oregon establishes and maintains lists of qualified applicants to facilitate selection processes based upon required knowledge, skills, training and, education.

(a) The order in which applicant lists are to be used shall be in accordance with Administrative Rule 105-040-0020, Types and Order of Applicant Lists, or as specified in collective bargaining agreements.

(b) An eligible list shall be established and maintained on the state’s recruitment system.

(c) When a vacant position is to be filled, an agency, when appropriate, shall create an eligible list and a referral list prior to conducting interviews. The hiring agency must comply with OAR 105-040-0020, Types and Order of Applicant Lists.

(d) The referral list shall be one of the following, whichever is applicable:

(A) All applicants who meet the minimum qualifications for the position; or

(B) All applicants listed in order from the highest to lowest score based on selection criteria; or

(C) A limited number of applicants on the eligible list for the position selected in ranked order based on selection criteria.

(e) Selection of applicants for interview from the referral list formats listed in (2)(d)(A-C) shall include all qualified applicants unless the hiring agency develops and documents a valid screening process to select only the most qualified applicants.

(f) When a referral list contains tied rankings, all applicants with that ranking shall be offered an interview if any of the applicants with that score are offered an interview, unless the hiring agency develops and documents a valid screening process to select only the most qualified applicants for interview.

(g) Regardless of the selection process being used to evaluate applicants, veterans’ preference shall be given in accordance with OAR 105-040-0015.

(h) After exhaustion of the priority lists specified in OAR 105-040-0020, a related eligible list of a classification having the same minimum and special qualifications and salary may be used.

(i) When an applicant is appointed to a position from a referral list, the applicant is inactivated from that referral or eligible list, except when an applicant retains rights to remain on specific priority lists such as the Injured Worker List and Agency Layoff List.

(j) Except for the expiration of the term of eligibility on an eligible list, any person whose name is removed from a list shall be promptly notified by the hiring agency. The hiring agency may remove an applicant from an eligible list for reasons including, but not limited to the following:

(A) Failure to respond within a reasonable time-period to any inquiry regarding availability for appointment;

(B) Expiration of the term of eligibility on the list;

(C) Willful violation of relevant rules, or policies, or provisions of the law;

(D) Falsifying statements on the application;

(E) Failure to pass required pre-employment checks or tests including but not limited to criminal record, drug test, or driving record checks;

(F) Cancellation of a list;

(G) Appointment made from a lay-off list to any classification

(k) An inactivation reason shall be reported for each candidate appearing on the referral list invited to interview and not appointed to a position.

Stat. Auth.: ORS 184.340 & 240.145

Stats. Implemented: ORS 240.010 & 240.306

Hist.: PD 2-1994, f. & cert. ef. 8-1-94; PD 3-1995, f. & cert. ef. 11-3-95; HRSD 1-2000, f. 1-28-00 cert. ef. 2-1-00; HRSD 14-2003, f. 7-15-03, cert. ef. 7-21-03; HSRD 21-2003(Temp), f. & cert. ef. 9-23-03 thru 12-19-03; HRSD 23-2003(Temp), f. 12-19-03, cert. ef. 12-20-03 thru 3-20-04; HRSD 1-2004, f. & cert. ef. 3-5-04; HRSD 1-2010(Temp), f. 5-27-10, cert. ef. 6-1-10 thru 11-27-10; HRSD 3-2010, f. 11-24-10, cert. ef. 11-28-10

105-040-0060

Limited-Competitive and Noncompetitive Appointments

Applicability: Classified unrepresented and management service positions and initial appointment to all classified positions.

(1) It is the policy of the State of Oregon to facilitate the employment of persons who are disabled (as defined by ORS 174.107), economically disadvantaged or unskilled or semi-skilled through a limited-competitive or non-competitive appointment process:

(a) Recruitment for positions using employment programs serving people with disabilities administered by hiring agencies is not limited to the Limited-Competitive and Non-Competitive Classification list. A limited-competitive selection process through such employment programs administered by hiring agencies may be used to facilitate employment of persons with a disability;

(b) Recruitment for the economically disadvantaged and non-competitive appointments is limited to those classifications listed in this rule (Limited-Competitive and Non-Competitive Appointment Classifications List) unless otherwise authorized by the Division. When a hiring agency chooses to make an appointment using limited-competitive or non-competitive selection and appointment procedures, the hiring agency shall:

(A) Open a job listing with the field office of the Employment Department nearest the location of the vacancy when the recruitment is open to the public; and

(B) Make affirmative efforts to supplement referrals to create a diverse pool of candidates.

(c) A limited-competitive selection process may be used for economically disadvantaged persons who meet the following criteria:

(A) Clients of the Department of Human Services programs;

(B) Clients of the Juvenile Justice Division programs funded by the state.

(d) The Division shall use the following criteria when reviewing appointing authority or designee requests for additions to the Limited-Competitive and Non-competitive Appointment Classifications List:

(A) The classification requires minimal or no requisite knowledge or skills;

(B) It is impractical to develop an examination; and

(C) It is impractical to follow the normal recruiting process.

(2) A non-competitive appointment is made to designated classifications comprised of unskilled or semi-skilled positions for which there are minimal or no qualifying knowledge or skills, no screening and no ranking. Where more than one candidate is referred, the hiring manager may use a limited-competitive process to select the most qualified.

(3) Limited-competitive appointment may also be used to limit the competition for appointment to non-competitive classes to those persons who meet the criteria outlined in (1)(a)–(d) above.

(4) Following is a list of Limited-Competitive and Non-competitive Appointment Classifications:

(a) 0001, Supported Employment Worker;

(b) 0100, Student Office Worker;

(c) 0101, Office Assistant 1;

(d) 0150, Student Professional/Technical Worker;

(e) 0321, Public Service Representative 1;

(f) 0405, Mail Services Assistant;

(g) 1105, Traffic Survey Interviewer;

(h) 3769, Experimental Biology Aide;

(i) 4101, Custodian;

(j) 4116 Laborer/Student Worker;

(k) 4125, Litter Patrol Worker;

(l) 4137, Liquor Distribution Worker 1;

(m) 4403, Transporter;

(n) 6605, Human Service Assistant 1;

(o) 6701, Student Human Services Worker;

(p) 6725, Habilitative Training Technician 1;

(q) 6750, Group Life Coordinator 1;

(r) 8125, Agricultural Worker;

(s) 8201, Forest Nursery Worker 1;

(t) 8202, Forest Nursery Worker 2;

(u) 8235, Student/Professional Forester Worker;

(v) 8253, Forest Lookout;

(w) 8254, Wildland Fire Suppression Specialist Entry;

(x) 8263 Wildland Fire Dispatcher Entry;

(y) 8340 Fish & Wildlife Technician (Entry);

(z) 9100, Food Service Worker 1.

Stat. Auth.: ORS 184.340, 240.145(3) & 240.250

Stats Implemented: ORS 240.306, 240.321 & 657.710

Hist.: PD 2-1994, f. & cert. ef. 8-1-94; HRMD 2-1996, f. 3-28-96, cert. ef. 4-1-96; HRSD 17-2003, f. 7-15-03, cert. ef. 7-21-03; HRSD 1-2007, f. 4-24-07, cert. ef. 5-1-07; HRSD 1-2010(Temp), f. 5-27-10, cert. ef. 6-1-10 thru 11-27-10; HRSD 3-2010, f. 11-24-10, cert. ef. 11-28-10

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.

2.) Copyright 2011 Oregon Secretary of State: Terms and Conditions of Use

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