19 Del. Admin. Code § 3001-8.0 - Examinations and Registers
8.1 Objectives of Examinations. The test used in the examination process shall fairly measure the relative capacities of the persons examined to execute the duties and responsibilities of the positions concerned, or, where appropriate, to learn to perform the duties and responsibilities thereof. Achievement, aptitude, other written tests, performance tests, physical agility and medical tests, oral interviews, evaluations of training and experience, reference checks and other tests will be used, singly or in combination, as determined by the DHR Secretary, and after consultation with the appointing authorities where appropriate. Results of such evaluations shall be the basis for ranking on various eligibility lists.
8.2 Eligibility for Examinations. Competitive examinations are open to qualified persons who applied in accordance with the vacancy announcement.
8.3 Ranking of Candidates. Those taking competitive examinations will be ranked on the registers in the order of their final scores for the entire examination. In the case of ties, dates of application and home of record will be used.
8.4 Scoring Examinations and Qualifying Scores. A candidate's score in a given examination shall be the average of the scores on each competitive part of the examination, weighted as shown in the examination announcement. Failure in one part of the examination may be grounds for declaring such applicants as failing in the entire examination or as disqualified for subsequent parts of an examination.
8.5 Notification of Eligibility. Applicants shall be notified in writing whether or not their name is placed on the register.
8.6 Examination Records. The DHR Secretary or the appointing authority, as applicable, shall be responsible for the maintenance of all records pertinent to the examination process and program. Applications and other necessary examination records shall be kept for one year while the applicant is on the register and at least one year thereafter. If an appeal is filed, examination records must be maintained for the length of the appeal process. All notices of changes of address shall be filed by eligibles with the appointing authority.
8.7 Inspection of Examination Papers. Candidates shall have the right to inspect their examination papers within ten (10) calendar days after the date on which the official notice of examination results was mailed. This time period may be extended by the DHR Secretary.
8.7.1 Inspection of examination papers shall be permitted only during regular business hours and in accordance with procedures established by the DHR Secretary. The DHR Secretary will determine what examination papers may be inspected, taking into account such factors as test security, privacy, retesting procedures, and any other pertinent information.
8.7.2 Any error in computation or failure to apply uniform rating procedures, if called to the attention of the DHR Secretary or appointing authority, as appropriate, within ten (10) calendar days after the date on which official notification results of such rating was mailed, shall be corrected.
8.8 Appeal After Examination. Applicants who have taken an examination or been rated by training and experience may appeal to the DHR Secretary for review of their rating in any part of such examination to assure that uniform and appropriate procedures have been applied fairly. Such appeal must be mailed to the DHR Secretary within ten (10) calendar days after the date on which notification of such rating was mailed. The decision of the DHR Secretary shall be final.
8.9 Kinds of Registers. The DHR Secretary shall provide for the establishment and maintenance of such registers as are necessary for filling positions in the classified service.
8.9.1 Layoff lists shall contain the names of those who have been reduced in force for reasons of lack of work or funds, or abolition of their positions. The name of any person placed on such register shall remain thereon for one (1) year from the date of separation from the service.
8.9.2 Registers shall include in rank order of final examination score the names of persons who have passed competitive examinations. Names shall remain on such list not to exceed one (1) year from the date of examination. Previous State employees who have left the classified service in good standing and have within two (2) years requested reinstatement shall have their names placed on registers for the class they previously held.
8.9.3 Permanent or probationary employees desiring a transfer to another agency in the same class shall be placed on registers without a score for consideration by the appointing authority. All such names shall be equally available for consideration. Employees desiring a transfer to another agency in a different class but same paygrade shall be placed on registers after passing any competitive examination and in rank order of their final examination score.
8.10 Related Registers. If a vacancy exists in a position for a class where there is no appropriate list, a list may be prepared from one or more existing related registers.
8.10.1 For this purpose, registers shall be used for classes for which the DHR Secretary or appointing authority, as appropriate, has determined that the minimum qualifications and examinations are similar to, the existing vacancy.
8.11 Notice of Availability. At the time of the examination and as appropriate thereafter, information about availability shall be obtained from each applicant, giving a current address and conditions under which appointment will be accepted, including areas of the State in which they are available. Whenever an applicant submits a written statement restricting availability, their name may be withheld from all certifications which do not meet the specified conditions.
8.12 Removal of Names from Registers. Names may be removed from registers by the appointing authority for any of the following reasons.
8.12.1 One of the causes for rejection of applicants specified in 6.4. Such applicants shall be sent written notification to their last known address.
8.12.2 The applicant requests in writing that his/her name be removed.
8.12.3 The applicant fails to respond to a notice of certification mailed to his/her last known address. The name may be restored to the list if a satisfactory explanation is given to the appointing authority for failure to respond.
8.12.4 When the applicant has declined three offers of consideration or appointment.
8.12.5 The applicant fails without valid reason to report for interview, testing or work.
Notes
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