Registers

7.1. Establishment of Registers.

7.1.1. Competitive Registers. -- After each examination, the Director shall prepare a register of persons applying for the position within five business days of receipt of a request from the Tax Commissioner. The names of these persons shall be placed on the register in the order of their final ratings starting with the highest.

7.1.2. Preference Registers. -- After the layoff of permanent classified employees, the Director shall prepare registers of qualified permanent classified employees who have been laid off. The names of these employees shall be arranged on the appropriate registers in order of tenure upon which the order of layoffs was based.

7.2. Duration of Registers.

7.2.1. Competitive Registers. -- The life of scores on a register shall be adequate to meet the recruitment needs of the agency. If the Director reduces the life of a register, he or she shall notify each eligible remaining on the register to this effect.

7.2.2. Preference Registers. -- A laid off permanent classified employee is eligible for employment from a preference register for no longer than one (1) year after placement on the preference register and the eligibility ceases immediately upon employment in a classified position.

7.2.3. Notice of Vacancies. -- It is the duty of the Tax Commissioner to notify the Director as far in advance as possible of vacancies which may occur in the agency. The Director is responsible for determining the adequacy of existing registers and for the establishment and maintenance of appropriate registers for all positions to be filled, exclusive of exempt positions.

7.2.4. Nullification of Register. -- The Director shall nullify a register for any of the following reasons:

7.2.4.a. Changes in the minimum qualifications or classification standards of a class of positions;

7.2.4.b. Elimination of the class for which the register was established; or,

7.2.4.c. Substantial revision of the examination used to establish the register.

7.2.5. When a register is declared null and void by the Director, he or she shall notify the affected persons of the action.

7.3. Removal of Names from Registers.

7.3.1. Competitive Registers. -- The Tax Commissioner may request the Division of Personnel remove the name of an eligible from a register for any of the causes stipulated in the subsections below:

7.3.1.a. he or she is found to lack any of the requirements established for the position/class;

7.3.1.b. he or she has a disability and is incapable of performing the essential functions of positions in the class with or without reasonable accommodation;

7.3.1.c. he or she has been convicted of a crime which has a reasonable connection to the position/class for which he or she is applying;

7.3.1.d. he or she has made a false statement or omission of material fact or has misrepresented his or her qualifications in his or her application;

7.3.1.e. he or she has previously been dismissed, or resigned in lieu of dismissal, from any public service for delinquency, misconduct, or other similar cause;

7.3.1.f. he or she has used or attempted to use political pressure or bribery to secure an advantage in the examination or appointment;

7.3.1.g. he or she has directly or indirectly obtained information regarding examinations to which he or she was not entitled;

7.3.1.h. he or she has failed to submit his or her application correctly or within the prescribed time limits;

7.3.1.i. he or she has taken part in the compilation, administration, or correction of the examination;

7.3.1.j. he or she has taken the same exact examination within the prescribed re-test waiting period;

7.3.1.k. at least two (2) former employers state that they would not re-employ him or her, or otherwise indicate that his or her services as an employee were unsatisfactory;

7.3.1.l. the register from which he or she is certified is for a class for which oral skills are essential, and at least two agencies have interviewed him or her and report that he or she is not considered to be suitable for a position in the class for which he or she interviewed;

7.3.1.m. he or she is not eligible to work in the United States;

7.3.1.n. he or she fails to comply with any other reasonable requirements established by the Tax Commissioner for the position;

7.3.1.o. sufficient evidence has revealed that, if employed in the classification or position applied for, the applicant is a significant risk to the safety or security of information or persons; or,

7.3.1.p. On evidence that the eligible cannot be located. An eligible may be considered not available by the Tax Commissioner if he or she fails to reply to electronic communication [i.e., telephone or electronic mail] or a written inquiry by mail after five (5) days in addition to the time required for the transmission of the inquiry to his or her last-known address and the reply to the inquiry.;

7.3.1.q. On receipt of a statement from the eligible declining an appointment and stating that he or she no longer desires consideration for an appointment; or,

7.3.1.r. If he or she declines an offer of a probationary appointment for the class for which the register was established in a location for which he or she has declared himself or herself available.

7.3.2. Preference Registers. -- The Tax Commissioner may request that the Division of Personnel remove the name of an eligible from a preference register:

7.3.2.a. For any of the causes stipulated in subdivision 7.3.1. of this rule;

7.3.2.b. Upon appointment of the eligible to a classified position; or,

7.3.2.c. On evidence that the eligible does not meet the applicable standards of qualifications and fitness for a position.

7.3.3. The Tax Commissioner shall notify the eligible that his or her name has been removed from the register and the reasons for the removal. The applicant is responsible for updating his or her contact information or notifying the Tax Commissioner of changes.

7.3.4. Any person whose name has been removed from a register allegedly for reasons specified in this rule may appeal to the Board for reconsideration. The appeal must be filed in writing with the Tax Commissioner within fifteen (15) calendar days after the date on which notification to the applicant was sent. The appeal shall state the reasons why the applicant should not be removed from the register.

7.3.5. The Board shall review all relevant information to determine if the action appealed was taken in accordance with this rule. Within sixty (60) calendar days after a properly submitted appeal is received, the Tax Commissioner shall report the Board’s decision in writing to the applicant.

7.4. Reinstatement to Register.

7.4.1. A person who has had his or her name withdrawn from a register at his or her request may have his or her name reinstated on the currently effective register for the same position class provided that the original register is still in effect and that his or her examination score is still valid. His or her rank on the register shall be determined by his or her final earned examination score.

7.4.2. Reinstatement to a register as provided for in the previous subdivision is subject to the following conditions:

7.4.2.a. The person petitioning the reinstatement shall make his or her request to the Tax Commissioner in writing and shall furnish whatever information the Tax Commissioner may require.

7.4.2.b. No person may be reinstated to a register who does not satisfy the current minimum qualifications for the position class for which the register is maintained. The Tax Commissioner may require that he or she pass an appropriate examination in the case of position classes requiring special skills.

7.4.2.c. No person may be reinstated to a register from which he or she has been disqualified under subsections 7.3, or 8.2. of this rule.