Chapter 22: Requirements for Filling Job Vacancies

Vacancies in the classified service may be filled by probational appointment, job appointment, classified WAE appointment, promotion, demotion, reassignment, position change, transfer, noncompetitive reemployment of a former employee, appointment from a Department Preferred Reemployment list, temporary inter‐departmental assignment, or detail to special duty.

An appointing authority shall obtain the Director’s approval before making a permanent appointment to any job at or above MS-524, AS-623, SS-422, PS-120, WS-223, or TS-319 between the date of any election for a statewide elected office and the date the elected official takes office. The Director may exempt jobs from this requirement.

(a) All vacancies for jobs in the classified service that are filled by probational appointment, job appointment or promotion shall be posted on the Internet in accordance with the Director’s policies and procedures except as provided in Rule 22.3(b).

(b) A vacancy may be filled without public announcement in the circumstances listed below:

1. Appointment from a Department Preferred Reemployment List.
2. Classified WAE appointment.
3. Noncompetitive appointment of an individual deemed eligible for services by the Louisiana Rehabilitation Services Program under provisions of Rule 22.8(a).
4. Noncompetitive reemployment of a former employee based on prior state service under provisions of Rule 23.13(a).
5. Detail to special duty.
6. Demotion of a permanent classified employee.
7. Reassignment, position change or lateral transfer of a permanent classified employee.
8. Out-of-state vacancies filled in accordance with Rule 22.8(b).
9. Temporary Inter-Departmental Assignment.
10. When non-classified employees are declared to be in the State Classified Service or are acquired by a State Agency in accordance with Rule 24.2.
11. Noncompetitive promotion of a permanent classified employee to a position to which he or she would have noncompetitive reemployment eligibility under Rule 23.13 if he or she were to resign.
12. Appointment to Nurse Technician for applicants hired as a Registered Nurse 1 or a Registered Nurse 1-Student Health that are required to re-take the State Board of Nursing examination.
13. Probational or job appointment of an applicant who has attained a 3.5 GPA or higher for a baccalaureate or graduate degree from an accredited university and meets all other requirements of Rule 22.8(c) for exemption from testing.

(c) In the case of vacancies to be filled by promotion, appointing authorities may limit application to permanent classified employees of a promotional zone approved by the Director.

The Director or an appointing authority may reject an applicant if the applicant:

(a) Cannot be legally employed.

(b) Does not meet the Minimum Qualifications of the job.

(c) Has been convicted of a felony.

(d) While serving with permanent status, was dismissed from state service or resigned to avoid dismissal.

(e) Has submitted false information during the application or examination process or otherwise attempted to fraudulently secure eligibility for appointment for either self or others.

Applicants rejected shall be notified of the action taken.

No state employer, when filling a position in the classified service, may inquire on an initial application form about a prospective employee’s felony criminal history unless it is for a position that has a legal restriction that prohibits employment due to a criminal conviction. However, during the candidate’s interview or after the candidate has been given a conditional offer of employment, the appointing authority or his or her designee may inquire about the candidate’s criminal history.

(a) The Director shall establish Minimum Qualifications which shall be included in the job specification for each classified job. Appointees must meet the Minimum Qualifications for the job unless exempted under provisions of Rules 22.5(e), 23.12, 23.13(a) or 5.8. The Director may order the separation of any non-permanent employee who does not meet the Minimum Qualifications.

(b) Repealed – Effective December 11, 2013.

(c) The determination as to whether an applicant meets Minimum Qualifications may be done by the Department of State Civil Service or by an appointing authority under delegated authority as determined by the Director. Decisions made by the appointing authority may be reviewed by the Director and his decisions will be final.

(d) When an applicant is notified that he or she does not meet Minimum Qualifications, the applicant may request that the Director review the decision. The request must be in writing and be postmarked or received no later than 30 days from the date on the disqualification notice. The Director's decision shall complete the review process by the Department of Civil Service.

(e) Whenever previously established Minimum Qualifications are changed and an incumbent in the affected job class does not meet the new requirements, the incumbent shall be allowed to

1. remain in the position occupied on the effective date of the change provided there are no legal barriers.
2. qualify for higher level jobs in the normal career path of the job occupied, by acquiring the difference between the minimum qualifications of that job and the higher level jobs, as of the effective date of the change, provided there are no legal barriers.

(a) An examination is any formal assessment or combination of assessments used to evaluate an applicant’s qualifications and job-related competencies. Examinations include but are not limited to tests, experience and training evaluations, minimum qualifications, resume evaluations, structured oral examinations, and job interviews. The Director may conduct examinations as deemed appropriate and shall establish eligibility requirements, examination schedules, application procedures and policies regarding retesting, expiration of test scores and cancelling test scores for Director-administered examinations.

(b) The Director may authorize an appointing authority to conduct examinations and may establish policies for agency-administered examinations. Such examinations shall be job-related and designed to assess applicants based on merit, efficiency, fitness and length of service.

(c) A test is a type of examination administered by a proctor to a group of applicants at a test center, consisting of written or electronic responses to questions.

(d) Test takers shall be notified of their test scores by the Director or agency appointing authority as appropriate.

(e) A test score is subject to review by the Director or appointing authority as appropriate upon written request postmarked or received within 30 calendar days following the date on the test result notice. A test score error shall be corrected, but shall not necessarily invalidate any appointment.

(a) For original appointments, veterans’ preferences of five or ten points shall be added to the final examination score of each eligible applicant who meets the minimum qualifications and has attained at least the minimum test scores required and at least the minimum rating required for eligibility in accordance with Section 10 (A) (2) of Article X and applicable statutes.

(b) An applicant claiming eligibility for veterans’ preference points shall provide proof of eligibility in the manner the Director prescribes.

(a) Louisiana Rehabilitation Services Program. An appointing authority may fill a vacancy by probational appointment, job appointment or promotion of an individual deemed eligible for services by the Louisiana Rehabilitation Services Program without the appointee’s attainment of any test scores normally required, provided the appointee meets the Minimum Qualifications of the job, and that the appointing authority has documented the individual has been determined by the Louisiana Rehabilitation Services Program as disabled to such an extent as to prohibit participation in the required test.

(b) Out-of-State Vacancies. The Director may exempt from testing requirements applicants for out-of-state vacancies filled by probational appointment, job appointment or promotion.

(c) Repealed effective January 1, 2024.

(d) Veterans. An appointing authority may fill a vacancy by probational appointment or job appointment of a veteran of the armed forces who has been honorably discharged from active duty within the previous twelve months without the appointee’s attainment of any Civil Service test scores normally required, provided the appointee meets the Minimum Qualifications of the job. The veteran must have been honorably discharged and have served at least 90 days of active service for purposes other than training. An appointing authority may make an offer to an active member of the armed forces but the effective date of the appointment cannot be prior to the discharge date.

(e) POST Certification. An applicant who meets the Minimum Qualifications and has a Peace Officer Standards and Training (POST) certification from a Louisiana accredited training academy may be appointed by probational appointment or job appointment to a job which requires the Protective Services Exam without a test score. The applicant’s POST certification shall not be under suspension or pending a revocation hearing.

(a) For each vacancy which requires public announcement to fill, the Director shall create or authorize an appointing authority to create a certificate containing names of applicants who

1. Meet the Minimum Qualifications.
2. Have attained any test scores required by Civil Service.
3. Have applied during the open period of the announcement.
4. Have met any other eligibility requirements established by the Director, by Civil Service rules or by law.
5. Have met any other job-related selective certification requirements requested by the appointing authority, approved by the Director and stated in the public vacancy announcement.
6. For promotions, are in the promotional zone approved by the Director and stated in the announcement.
7. Have indicated they are available to work in the parish of the vacancy.

(b) When the applicant is eligible for veteran’s preference points, these shall be noted on the certificate.

(c) The Director shall establish policies and procedures the appointing authority must follow when creating certificates including record keeping requirements.

(d) The appointing authority shall determine the effective date of the appointment from the certificate, but in no case shall the effective date be prior to the day following the closing date of the announcement or prior to the time the employee began work.

(e) An appointing authority is not obligated to fill an announced vacancy.

(f) The Director may impose more restrictive certification rules such as restricting hiring or promotion to particular score ranges in circumstances where he deems it to be in the best interests of the state.

The Director may withdraw from an appointing authority any authority the Director authorized under this chapter.