1997 Minnesota Statutes

     43A.13 Certification of eligibles. 

    Subdivision 1.    General.  Upon request of an 
 appointing authority the commissioner shall certify eligibles 
 from an eligible list determined appropriate by the 
 commissioner, or as provided in collective bargaining 
 agreements, rules or section 43A.04, subdivision 4.  The 
 commissioner may limit certification to those eligibles who meet 
 special qualifications documented by an appointing authority and 
 approved by the commissioner as job-related and necessary for 
 satisfactory performance of a specific vacant position.  The 
 commissioner shall certify qualified available eligibles as 
 provided in this section.  Where the vacancy to be filled is in 
 a position covered by a collective bargaining agreement, the 
 list of certified eligibles shall be made available upon request 
 to the exclusive representative as defined in sections 179A.01 
 to 179A.25. 

    Subd. 2.    Layoff.  If an agency has a layoff list for 
 the class and employment conditions of the vacancy to be filled, 
 the commissioner shall certify eligibles as provided in 
 collective bargaining agreements, plans established under 
 section 43A.18, rules, or procedures implemented under section 
 43A.04, subdivision 4.  

    The commissioner, in accordance with collective bargaining 
 agreements or plans established under section 43A.18, may also 
 afford employees on permanent layoff from state service the 
 opportunity to be tested for existing competitive open and 
 promotional eligible lists for classes equal to or lower than 
 those from which they are on layoff.  Candidates tested under 
 this procedure who obtain passing scores are eligible in 
 accordance with the ranking and certification provisions of 
 section 43A.12 and this section. 

    Subd. 3.    Reemployment.  For positions to be filled by 
 reemployment of a former employee, the commissioner may certify 
 any eligible on the reemployment list for the class or approve 
 direct reinstatement of a former classified employee within four 
 years of separation. 

    Subd. 4.    Competitive open.  (a) For positions to be 
 filled by competitive open examination, the commissioner shall 
 certify the first 20 eligibles on the list plus those eligibles 
 having the same score as the 20th eligible certified. 

    (b) When the position to be filled by competitive open 
 examination is in a class for which the initially established 
 eligible list contained the names of more than 200 eligibles and 
 that list has existed for more than 12 months and been referred 
 to more than ten vacancies, the commissioner shall certify the 
 first 40 eligibles on the list plus those eligibles having the 
 same score as the 40th eligible certified. 

    Subd. 5.    Competitive promotional.  For positions to 
 be filled by competitive promotional examination limited to 
 employees of one or more agencies or organizational units, the 
 commissioner shall certify the first ten eligibles on the list 
 plus those eligibles having the same score as the tenth eligible 
 certified.  For positions to be filled by competitive 
 promotional examination extended to all employees of the civil 
 service, the commissioner shall certify the first 20 eligibles 
 on the list, plus those eligibles having the same score as the 
 20th eligible certified. 

    Subd. 6.    Qualified disabled.  The commissioner shall 
 refer all qualified disabled candidates with eligibles from the 
 competitive open or competitive promotional list established 
 from the same examination announcement. 

    Subd. 7.    Expanded certification.  When the 
 commissioner determines that a disparity as defined in rules 
 exists between an agency's work force and its affirmative action 
 plan approved in accordance with section 43A.19, the 
 commissioner shall ensure to the extent possible that eligibles 
 who are members of the protected groups for which the disparity 
 exists are certified for appointment.  When fewer than two 
 eligibles of each protected group for which a disparity has been 
 determined to exist would be certified under subdivisions 4 and 
 5, the commissioner shall certify two eligibles from each 
 protected group for which a disparity exists or four from each 
 group for which a disparity exists if the number of names 
 referred has been increased under subdivision 4, paragraph (b).  
 Implementation of this subdivision may not be deemed a violation 
 of other provisions of this chapter or chapter 363. 

    Subd. 8.    Refusal to certify.  The commissioner may 
 refuse to certify an eligible who (a) is found to lack any of 
 the requirements established for the examination for which the 
 eligible has applied, (b) has been dismissed from the public 
 service for delinquency or misconduct, (c) has been dismissed 
 from the same or a similar classification within the civil 
 service for unsatisfactory job performance, (d) has, directly or 
 indirectly, given or promised to give anything of value to any 
 person in connection with the eligible's examination, 
 appointment, or proposed appointment, or (e) has made a false 
 statement of any material fact or practiced or attempted to 
 practice any deception or fraud in the application, or 
 examination or in securing eligibility or appointment.  

    When the commissioner refuses to certify an eligible, the 
 commissioner shall, upon request of the eligible refused, 
 furnish the eligible a statement of the reasons for the 
 refusal.  Upon receipt of relevant information, the commissioner 
 shall reconsider the refusal and may certify the eligible.  

    Subd. 9.    Disabled former employees.  A former 
 classified employee who is receiving disability benefits under a 
 state retirement plan remains eligible for reemployment. 

    HIST: 1981 c 210 s 13; 1982 c 560 s 21-23; 1984 c 462 s 27; 
 1987 c 186 s 4,5; 1990 c 571 s 13-18; 1991 c 128 s 3; 1995 c 248 
 art 10 s 5; 1997 c 79 s 15