California Code of Regulations
Title 2 - Administration
Division 1 - Administrative Personnel
Chapter 1 - State Personnel Board
Subchapter 4 - Demonstration Project and Performance Based Budget Pilot Project Rules (Promulgated Under Authority of Government Code Sections 11808, 18701, and 19600)
Article 6 - Legislative Counsel Bureau-Special Examination and Appointment Program
Section 549.70 - Legislative Counsel Bureau: Examinations and Appointments

If the Legislative Counsel Bureau appointing power wishes to appoint a competitor to an information technology position for which an examination has been conducted, the appointing power shall fill the vacancy by selection of a competitor who has filed a timely application for the examination pursuant to Section 174, who meets the minimum qualifications for the class, and who is judged to be among the best qualified available competitors as a result of evaluations made pursuant to Section 549.71.

If the appointing power has at the same time or within one year of the final date specified for filing an application for the examination more than one vacancy in the same class and for which the same or substantially similar job-related knowledge, skills, and abilities are required, the first and every succeeding vacancy shall be filled in a like manner by selection of a competitor who has filed a timely application for the examination pursuant to Section 174, who meets the minimum qualifications for the class and who is judged to be among the best qualified remaining competitors pursuant to Section 549.71, unless the appointing power chooses to conduct a new examination, in which case the appointing power shall appoint a competitor judged to be among the best qualified in the new examination and who also has filed a timely application for that examination and who meets the minimum qualifications for the class.

The Legislative Counsel Bureau shall maintain records of each examination conducted. The records shall be sufficient to permit an independent review of examinations conducted to determine whether they have complied with the intent of this Section, Section 549.71, and Article VII, Section 1(b) of the California Constitution. For each examination, such records shall include, but not be limited to (a) a list of competitors who filed an application for the examination together with a notation as to their date of filing; (b) justification whether each competitor met the minimum qualifications for the class; and (c) a summary of the evaluation pursuant to Section 549.71 of each competitor who is offered a position.

The provisions of this regulation do not apply if an appointment is to be made from a reemployment list under Government Code Section 19056. The provisions of this regulation do not apply if an appointment is to be made from a general reemployment list pursuant to Government Code Section 19056.5, unless there are fewer than three persons on the general reemployment list willing to accept employment under the conditions of employment specified, in which case the appointing power may appoint a competitor in accordance with the provisions of the Section.

Examinations shall be conducted pursuant to the procedures in Article 4 (commencing with Section 548.30) and Article 5 (commencing with Section 548.40) as with Career Executive Assignments.

1. New article 6 (sections 549.70-549.74) and new section filed 1-6-98; operative 1-6-98. Submitted to OAL for printing only pursuant to Government Code section 19602 (Register 98, No. 2).
2. Amendment of section heading, section and NOTE filed 3-21-2005; operative 3-21-2005 pursuant to Government Code section 11343.4. Submitted to OAL for printing only (Register 2005, No. 12).

Note: Authority cited: Sections 10205.1, 18701 and 18702, Government Code. Reference: Sections 18701 and 18702, Government Code.