Procedure
(a) Whenever a department head wishes to fill a vacancy in the classified service, he shall submit to the Director of Personnel a statement showing the position to be filled and the duties of the position. The Director of Personnel shall then certify to the appointing authority the names of no fewer than three eligibles for such position. Upon receiving certification of eligibles, the appointing authority, after consultation with the department head shall appoint one of those whose names are certified to each vacancy he is to fill. Appointments to the classified service shall be effective as and when made by the Governor in accordance with this chapter pursuant to the personnel merit system as incorporated in this chapter.
Ranking of eligibles certified; exhaustion, insufficiency, or absence of lists
(b) The eligibles certified shall be the highest ranking eligibles willing to accept employment ranked in the following order for certification from employment lists: first, all the eligibles on the appropriate reemployment list, if any; second, those on the appropriate promotion list, if any; third, those on the appropriate employment list. All the names of any list shall be exhausted before any names are certified from any other list, but the names certified may be taken from two or more lists if necessary to make a certification of three eligibles. Names shall be certified from each list in the order of their rank on that list.
If appropriate employment lists do not contain the names of a sufficient number of eligibles willing to accept appointment to make possible the certification of at least three names, then less than three names may be certified. All persons of equal rank and eligibility shall have an equal opportunity to be selected for available vacancies. Certification shall be made from the appropriate list, but if no such list exists then the Director of Personnel may certify from such other list as is the next more nearly appropriate list.(c) The highest ranking eligibles certified by the Director of Personnel to an appointing authority from the personnel list who are not selected to fill the vacancy shall be advised in writing by the appointing authority, within 10 days of the filling of the vacancy. Any person aggrieved by the failure to be appointed to a position for which he was certified may appeal such decision to the Government Employees Service Commission for appropriate action provided the appeal is requested within 30 days after receipt of the written reasons for why such person was not appointed.