Current through Register Vol. 48, No. 38, September 20, 2024
a)
Examination:
1) The Director shall conduct
examinations to test the relative fitness of applicants for positions subject
to Jurisdiction B of the Code. Examinations may include an evaluation of such
factors as education, experience, training, capacity, knowledge, manual
dexterity, character, and physical fitness. Tests shall be job related and may
be written, oral, physical demonstration of skill, an evaluation of physical or
manual fitness, or an evaluation of education and experience. Examinations
shall consist of one or more tests in any combination. Where minimum or maximum
requirements are established for any examination, they shall be specified in
the examination announcement.
2)
Applicants shall not be questioned with respect to non-merit matters except as
is necessary to meet the requirements of law or State policy.
3) In lieu of announcing or conducting
examinations, the Director may accept the results of competitive examinations
conducted by any established merit system subject to the Director's
determination that such examinations are comparable in difficulty and
comprehensiveness to those conducted by the Department of Personnel for similar
positions.
b)
Examinations - Time and Place: Examinations shall be held at such times and
places as are necessary to meet the requirements of the Office of the
Comptroller, provide economical administration, and be generally convenient for
applicants. The Director may cancel or postpone examinations at any
time.
c) Veterans' Preference:
Qualified persons who have passed an examination and who have been members of
the armed forces of the United States in times of hostilities with a foreign
country (as set out in the Comptroller Merit Employment Code) or while citizens
of the United States were members of the armed forces of allies of the United
States in time of hostilities with a foreign country, shall be granted
preference in entrance examinations as follows:
1) Five points shall be added to the entrance
grade for such nondisabled veteran eligibles.
2) Ten points shall be added to the entrance
examination grade for such veteran eligibles currently receiving compensation
from the United States Veterans' Administration or from such allied country for
war service-connected disabilities.
3) If category ratings are used, the veteran
eligibles in each category shall be preferred for appointment before the
nonveteran eligibles in the same category.
d) Public Notice of Examinations: The
Director shall give public notice of examinations at least two weeks in advance
of such tests except as otherwise noted. Announcements shall be posted in a
conspicuous place in each office of the agency and Department of Personnel.
Announcements shall specify the day and manner in which an application for
examination shall be made.
e)
Notice to Eligibles: In the event a change in the classification or testing
standards or other change requires the elimination of an eligible list for a
class, or of certain previously qualified eligibles from such a list, the
Director shall notify each person thus losing eligibility of such new or
revised requirements as soon as practicable, and when the revised examination
is repeated, shall again notify each person in order that each may be given an
opportunity to reestablish eligibility.
f) Test Rating - Notice and Review: The
rating of each test shall be completed and the resulting list established as
quickly as reasonably practicable. Each person competing in any test shall be
given written notice of his/her final earned rating or of his/her failure to
attain a place on the list.
g)
Retaking or Regrading Examinations: The retaking or regrading of examinations
will be permitted only in accordance with the following provisions:
1) Retaking examinations -
A) No applicant shall be permitted to retake
a test or tests included within an examination until 30 days have elapsed. This
limitation may, however, be waived when in the judgment of the Director the
best interests of the State require such waiver.
B) No applicant may be permitted to retake a
test included within an examination more than 12 months after the original date
of examination.
C) For purposes of
ranking on eligible lists, the grades of applicants who retake a test or tests
included within an examination shall be computed by using the latest passing
scores attained by such applicants.
2) Regrading examinations -
A) At the request of an applicant who has
completed an open competitive examination, the Director may regrade the
examination taken by that applicant for placement on the eligible list for
another class when the qualifications and examination standards for the new
class are similar to those of the class for which tested.
B) When a candidate makes an application for
subsequent examination for the same or a different title having one or more
identical tests which had been taken within the preceding 12 months, the
Director may utilize the test or tests previously taken in lieu of requiring
the candidate to repeat the applicable test or tests included within the
examinations.
h) Equal Opportunity: Applicants or employees
shall not be discriminated against on the basis of race, religion, sex, marital
status, national origin, political affiliation, or membership in, or activity
in or on behalf of employee labor organizations, or any other non-merit factor.
Applicants capable of performing the duties in the class shall not be
discriminated against because of physical or mental handicap.
i) Removal of Examination Material From
Premises: Any applicant or unauthorized employee of the Office of the
Comptroller removing examination materials from the premises at which
examinations are being administered or stored in any manner whatsoever, shall
be subject to prosecution.
j)
Admission to Examinations: Admission to competitive examinations shall be open
to all persons who meet such requirements as have been established by the
Director and may be lawfully appointed to the position. The Director may reject
the application of any person for admission to a test or decline to test or
certify for employment any applicant who:
1)
Subsequent to participating in the examination is found to lack the
qualifications prescribed for admission to the test as announced in the public
notice;
2) Is physically unfit to
perform effectively the duties of the class;
3) Has used, or attempted to use, bribery or
political influence to secure an advantage in testing or appointment;
4) Has made false statements of any material
fact or has practiced deception or fraud in the application or test;
5) Does not meet the United States Department
of Justice Immigration and Naturalization Service regulations for permanent
employment;
6) Is found guilty of a
violation of this Part or any of the provisions of the Merit Employment Code
relating to participation in examinations.
k) Residency Requirement: Applicants who are
not residents of the State of Illinois may be appointed only upon the waiver of
residency requirements by the Director and only when there are fewer than three
qualified residents of Illinois available.
l) Employment of Family Members: Family
member status shall constitute neither a deterrent nor an advantage to
employment, provided that the individual fulfills all objective job-related
qualifications, except for reasons of business necessity as established by the
Office of the Comptroller.
m)
Linguistic Requirements: The Director may establish linguistic options when he
deems such options to be appropriate.
n) Eligible Lists: The Department shall
establish and maintain lists of qualified applicants for positions covered by
Jurisdiction B of the Code. Such applicants shall have successfully qualified
through competitive examinations as provided in Section
500.210(a).
The names of successful applicants shall be arranged in the order of their
relative excellence whether by numerical grade or category grouping. The length
of time an eligible's name may appear on the list shall be specified in the
examination announcement. A separate eligible list will be maintained for
intermittent applicants.
o)
Responsibilities of Eligibles: It shall be the responsibility of each eligible
to inform the Department in writing of any changes in address or availability
for employment.
p) Geographic
Preference: Applicants for employment shall specify one or more of the
locations or areas in which they will accept employment from those choices made
available at the time of the examination or which may be made available at a
later date.
q) Removal of Names
From Eligible Lists:
1) The Director shall
remove names from an eligible list for any of the following reasons:
A) Appointment of an eligible from the
eligible list;
B) Death of an
eligible;
C) Notice by postal
authorities that they are unable to locate the eligible at his/her last known
address;
D) Attempt by an eligible
to practice any deception or fraud in connection with an examination;
E) Evidence that the eligible lacks any of
the qualifications required for the class for which he/she was erroneously
declared eligible;
F) Request of an
eligible to remove name.
2) The Director may remove names from an
eligible list for any of the following reasons. Eligibles shall be notified of
such removal.
A) Failure of an eligible, upon
referral, to reply or to report for interview;
B) After accepting employment, failure
without good cause to report to work within the time prescribed by the
employing department or the Department of Personnel;
C) Failure of an eligible, upon request, to
furnish written evidence of availability for employment;
D) Specifying conditions of employment by an
eligible which are not associated with the class for which eligible;
E) Refusal of an eligible to accept two
separate offers of employment;
F)
After an eligible has been passed over two times after referral to the same
department for the appointment of an eligible lower on the eligible list, and
the department head concerned requests removal of the eligible from the list
for good and sufficient cause;
G)
Poor work history of eligible;
H)
Former experience and history of eligible not compatible with duties and
responsibilities of the class;
I)
Physical inability of eligible to perform the duties and responsibilities of
the class;
J) After eligible
accepts promotion;
K) When a change
in either classification or testing standards or other change requires such
action;
L) Conviction of an
eligible of a felony;
M) Addiction
of an eligible to narcotics or to alcohol.
r) Replacement of Names on Eligible List: The
Director may restore a name to the same eligible list when such action is in
the best interest of the Office of the Comptroller.
1) Names of veterans returning from active
military service of not more than four years shall be restored to an eligible
list for the same class if the request is made by the veteran within 90 days
after discharge or from hospitalization continuing after discharge for not more
than one year. The eligible must provide evidence of satisfactory completion of
training and service when making the request and be qualified to perform the
current duties of the class.
2)
Names of employees who are laid off during their probationary period shall be
returned to the eligible list for the class in which the layoff
occurred.
3) Names so restored
shall be at the grade in effect when the removal from the list was made and may
not remain on the list after that period of time which is equal to the
unexpired time remaining of the original eligibility.
s) Appointment From Eligible List: When an
appointment to a position is made from an eligible list resulting from an open
competitive examination, such appointment shall be made of the person standing
among those who are available within the three highest grades, if such list is
in order of examination grade, or from the highest ranking group, if such list
is in category grouping, except as provided for under subsection (v) of this
Section.
t) Appointments -
Positions Subject to Jurisdiction B: Positions which are covered by
Jurisdiction B of the Code shall be filled in one of the following ways:
1) By appointment of an applicant standing
among the three highest on an eligible list which is numerically
rated;
2) By appointment of an
applicant from the highest ranking group of eligibles from an eligible list
which is not numerically rated;
3)
By persons employed as of August 23, 1978 who have passed examinations in
accordance with the Personnel Code under the Governor of Illinois and who
having passed the probationary period shall be continued in their positions
without further examination;
4) By
persons employed as of August 23, 1978 who having been promoted in accordance
with the Rules under the Personnel Code under the Governor of the State of
Illinois shall be continued in their positions without further
examination;
5) By persons employed
as of August 23, 1978 who having passed examinations in accordance with the
Personnel Code under the Governor of the State of Illinois, but who have not
completed the probationary period shall be continued in their positions and be
given credit for such probationary time toward the completion of the
probationary period provided by this Part;
6) By all other present employees subject to
Jurisdiction B who shall be continued in their positions providing that they
have passed a qualifying examination within 12 months after August 23,
1978;
7) By persons employed as of
August 23, 1978 or past employees who have rights or privileges arising under
the Personnel Code [20 ILCS 415 ] under the Governor of Illinois and who shall
be continued in the extent of such rights and privileges;
8) By an appointment to a position through
promotion of an employee who is qualified pursuant to Section
500.260(a);
9) By emergency appointment for a period not
in excess of 90 calendar days to meet emergency situations. Emergency
appointments may be made without regard to eligible lists. Such appointments
may not be renewed;
10) By
intermittent appointments from an eligible list to positions not to exceed 1200
hours per year (12 month periods), minimum of 600 hours, to meet the operation
needs of a department in periods of increased workloads;
11) By temporary appointments to positions
which are temporary or seasonal in nature as determined by the Director. Such
appointments shall not exceed six months out of any 12 month period;
12) By provisional appointments to positions
without competitive examination when there is no appropriate eligible list.
Provisional appointments may not exceed six months out of any 12 month
period;
13) By the transfer of
employees from one position to another if the qualifications, responsibilities,
duties, and salary range are similar;
14) By reinstatement of persons who formerly
held certified status under the Code, the Personnel Code of Illinois, the
Secretary of State Merit Employment Code, or the University Civil Service
System of Illinois. To be eligible for reinstatement, such persons shall have
resigned while in good standing or shall have been laid off from employment
within their respective merit systems;
15) By reemployment of an employee whose name
appears upon a reemployment list; such reemployment may be made to positions in
the same or lower salary range as to that salary range applicable to the
position from which the person to be reemployed was laid off; reemployment
appointments shall be of qualified employees and shall be made after
consideration of seniority and performance records;
16) By the appointment of trainees into
training programs approved by the Director; such appointments may be made with
or without examination of applicants; trainees do not acquire any rights under
Jurisdiction B of the Code by virtue of trainee appointments;
17) By the reduction in rank or class of an
employee, for cause, with the prior approval of the Director;
18) By the transfer of active, certified
employees from the jurisdictions of the Personnel Code of Illinois, the
Secretary of State Merit Employment Code or the University Civil Service
System; persons so transferred shall retain the same status under the Code as
that which they held under their previous merit employment.
u) Types of Status: The following
types of appointments may be made by the Director:
1) Exempt:
A) For persons in positions not subject to
Jurisdiction B. If an exempt employee's position becomes subject to
Jurisdiction B by reason of extension of Jurisdiction B, pursuant to Section
10d of the Merit Employment Code [15 ILCS
410/10d] , such employee shall establish eligibility
for such position by passing satisfactorily a qualifying examination prescribed
by the Director within six months after the extension of Jurisdiction B to such
position.
B) In all other cases, if
an exempt employee's position becomes subject to Jurisdiction B, such employee
shall establish eligibility for such position within six months by successfully
competing in the open competitive examination and receiving a probationary
appointment according to applicable rules.
2) Emergency: For persons selected to meet
emergency situations. Such appointments shall not exceed 90 days, shall not be
renewed, and may be made without regard to an eligible list. Notices of
selections and terminations shall be reported to the Director.
3) Temporary: For persons in positions to
perform temporary or seasonal work. No position shall be filled by temporary
appointment for more than six months out of any 12 month period.
4) Intermittent: For persons in positions to
perform intermittent work. No positions shall be filled by intermittent
appointment for more than 1200 hours out of any 12 month period, a minimum of
600 hours.
5) Provisional: For
persons in positions for which there are fewer than three available eligibles
on the open competitive eligible list. No positions shall be filled by
provisional appointment for more than six months out of any 12 month period. If
a provisional employee's position is allocated to a class for which there are
available eligibles, eligibility for such position shall be established within
90 days through successfully competing in the open competitive examination and
receiving a probationary appointment according to the applicable rules
herein.
6) Probationary: For
persons appointed from an eligible list. For persons receiving a promotion and
for persons being reinstated. If a probationary employee's position is declared
exempt from Jurisdiction B, the balance of the probationary period shall be
served after which certified status shall be attained.
7) Certified: For persons having successfully
completed the required probationary period. If a certified employee's position
is declared exempt from Jurisdiction B, certified status shall be retained in
that position.
8) Trainee: For
persons in positions pursuant to established trainee and apprenticeship
programs.
v) Extension
of Jurisdiction B:
1) Employees in positions
to which Jurisdiction B is extended pursuant to Section 10d of the Merit
Employment Code [15 ILCS 410/10d] shall be continued in such positions and
shall attain certified status therein provided they pass a qualifying
examination prescribed by the Director within six months after such
jurisdiction is extended and provided they satisfactorily complete their
respective probationary periods.
2)
Appropriate standards for probationary appointments shall be prepared by the
Director and appointments of such employees shall be without regard to eligible
lists and without regard to the provisions of the Code and this Part requiring
the appointment of the person standing among the three highest on the
appropriate eligible list to fill a vacancy or from the highest category
ranking group if the list is by ranking instead of numerical ratings. Nothing
herein shall preclude the reclassification or reallocation as provided by this
Part of any position held by any such incumbent.
