(a) (1) This subtitle does not apply to a special appointment position in the skilled service or professional service.
(2) (i) This subtitle does not apply to the recruitment for or the appointment to a position in the skilled service or professional service if the appointing authority:
1. decides to recruit for the position under § 7–203(2) of this subtitle;
2. demonstrates that the position, based on the position description, is difficult to fill;
3. demonstrates that the recruitment must occur in a timely manner; and
4. notifies the Department of the recruitment.
(ii) A recruitment and appointment under this paragraph shall occur in accordance with regulations adopted by the Department.
(iii) 1. The Department shall adopt regulations to implement this paragraph.
2. The regulations adopted under this subparagraph shall provide, at a minimum, that for positions designated as special appointments on January 1, 2009, an appointing authority shall retain the same recruitment authority that the appointing authority possessed on January 1, 2009.
(b) Each unit shall fill vacant skilled service and professional service positions in accordance with a position selection plan.
(c) To ensure compliance with State and federal employment laws and to ensure consistency in recruitment and hiring practices in the State Personnel Management System, the Department shall:
(1) assist units in developing application forms, position selection plans, selection tests, and announcement forms; and
(2) review and audit recruitment and hiring practices of all appointing authorities at least once every 3 years.
(d) On request of a unit that is not able to conduct all or part of its own recruitment or selection testing for a position because it lacks the appropriate resources, the Department, consistent with its resources, shall assist the unit in conducting the requested recruitment and selection testing.