Code of Maine Rules
18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES
389 - BUREAU OF HUMAN RESOURCES
Chapter 8 - CERTIFICATION AND APPOINTMENT
Section 389-8-1 - FILLING OF VACANCIES
Current through 2024-38, September 18, 2024
A. Appointment Procedure - Competitive Division
Provided layoff and recall provisions are met and satisfied, appointments to position vacancies shall be made from the following sources:
Except for appointments to project or intermittent position vacancies, appointments which require the service of an employee for a period of time in excess of three months shall be accomplished by certification from class registers.
When a required class register is not available or is incomplete, the provisions of Section 2C or 3A of this chapter shall apply.
The appointing authority may submit a name in nomination when the appointment is to a project or intermittent position vacancy or when the appointment involves an acting capacity assignment for three months or less. The qualifications of persons so nominated will be reviewed by the Director and persons found qualified will be authorized appointment to State Service under the conditions specified.
Nominations may also be made to reappoint an agency employee who voluntarily transfers from one position to another position of that agency which is assigned to the same class or to reappoint an agency employee who voluntarily demotes to a lower-level class within that agency. A transfer or demotion action will be reviewed by the Director of Human Resources and, provided it is not prejudicial or unfairly detrimental to the employee, reappointment will be authorized under the conditions specified.
When names are not available from a class register, the Director of Human Resources may refer persons found eligible to participate in agency-sponsored training programs which have been established and authorized for this purpose.
When permitted by law, the Director of Human Resources may waive a particular license, certification, registration or degree which is required for register certification and/or nomination to a given position vacancy. Such waiver shall be made only when deemed necessary to achieve the results intended by the application of the Civil Service Law and these rules. Persons who are referred and/or nominated as a result of such waiver shall be required to obtain and provide evidence of full qualification within a time period specified by the Director.
B. Appointment Procedure - Non-Competitive Division
Recruitment, examination and selection activities directed to position vacancies in the non-competitive division shall be the delegated responsibility of the individual appointing authority. These delegated activities shall be reviewed by the Director of Human Resources to ensure compliance with merit standards and affirmative action/equal employment opportunity objectives. The qualifications of persons nominated to non-competitive vacancies will also be reviewed by the Director and persons found qualified will be authorized appointment to State Service under the conditions specified.
C. Requisition Form - Competitive and Non-Competitive Divisions
When an agency desires to make an appointment to a position vacancy, the agency shall notify the Director of Human Resources by means of a prescribed requisition form. Appointments to vacancies which involve the acting capacity assignment of an agency or State employee for three months or less will be excepted from this requirement.
