2014 Oklahoma Statutes
Title 74. State Government
§74-840-4.13. Certification to appointing authority - Statewide and local registers - Professional practice licensure and hard-to-fill positions - Probationary period - Minimum qualifications.

A. Based upon the results of competitive entrance examinations and registers, as provided by the Oklahoma Personnel Act, the Director of the Office of Management and Enterprise Services shall certify to the appointing authority the names of the ten persons receiving the highest grade or score in said examinations plus all eligible applicants whose grade or score is tied with the lowest ranking of those so eligible.

B. In addition to establishing statewide registers pursuant to subsection A of this section, the Director is hereby authorized to promulgate rules creating a local register to fill a vacancy in a local office of an agency by providing a certificate of available names of eligible persons who are residents of the county where the local office is located or said county and adjacent counties or a group of contiguous counties comprising a service area of an agency. Available eligible residents shall be certified ahead of other available eligible persons who reside outside the area of the local register. In filling vacant positions, the appointing authority shall select any one of the persons whose names have been so certified and may give preference in all cases to persons who have resided in this state for at least one (1) year prior to the date of the examination. Provided, however, that any appointing authority authorized to employ persons who are not citizens of the United States, pursuant to Section 255 of this title, may request the Office to certify only the names of persons who are citizens of the United States in carrying out the provisions of this section; and such appointing authority may select any person so certified to the Director to fill such vacant positions even though a noncitizen may have received a higher grade on the examination. Provided, further, that any appointing authority may select special disabled veterans considered for employment pursuant to Sections 401 through 404 of Title 72 of the Oklahoma Statutes. The Department of Public Safety, in filling vacancies for Highway Patrol Cadets, may disqualify any eligible whose name has been certified for Highway Patrol Cadet pursuant to subsection A of this section, if the Department of Public Safety considers the eligible in connection with the hiring of three other eligibles pursuant to subsection A of this section from that certificate. The name of such disqualified eligible shall be omitted from further certification to, and consideration by, the Department of Public Safety for appointment as a Highway Patrol Cadet to the Highway Patrol Academy for which vacancies are being filled. Such disqualification shall neither deprive any person of any preference pursuant to paragraph 3 of subsection A of Section 840-4.14 of this title nor deprive any person from certification to, and consideration by, the Department of Public Safety for appointment as a Highway Patrol Cadet to a subsequent Highway Patrol Academy. The Department of Public Safety shall provide written notice of the disqualification to the Office of Management and Enterprise Services. The Department of Corrections, in filling vacancies for Correctional Officer Cadets and Probation and Parole Officers, may disqualify any eligible whose name has been certified for Correctional Officer Cadet or Probation and Parole Officer, pursuant to subsection A of this section, if the Department of Corrections considers the eligible in connection with the hiring of three other eligibles pursuant to subsection A of this section from that or any other certificate. The name of such disqualified eligible shall be omitted from future certification to, and consideration by, the Department of Corrections for appointment as a Correctional Officer Cadet or Probation and Parole Officer for a period of six (6) months, at which time the eligible may request restoration to the register by the Office of Management and Enterprise Services. Such disqualification shall not deprive any person of any preference pursuant to paragraph 3 of subsection A of Section 840-4.14 of this title. The Department of Corrections shall provide written notice of the disqualification to the Office of Management and Enterprise Services.

C. Agencies may fill positions requiring professional practice licensure and hard-to-fill positions pursuant to authorization by the Director without regard to subsections A and B of this section. The Director shall promulgate rules to authorize agencies to fill positions directly, pursuant to this subsection. Such rules shall include criteria for identifying professional practice licensure positions and hard-to-fill positions which shall not require establishment of an employment list of eligible persons or the application of veterans preference. The Director shall monitor appointments made by agencies pursuant to this subsection and shall establish recordkeeping and reporting procedures and the conditions under which the Director may withdraw authorization for agencies to directly hire persons into hard-to-fill positions. Nothing in this subsection shall be construed to waive any requirement for any job or position established by statute or the Director.

D. Every person, except as provided in subsection E of this section, upon initial appointment under the classified service, shall be appointed for a probationary period of one (1) year, except that the appointing authority may waive in writing the remainder of the probationary period at any time after a probationary employee has served six (6) months; provided, however, that the employee and the Director of the Office of Management and Enterprise Services shall be notified in writing as to such action and the reason therefor. The probationary appointment of any person may be terminated at any time during the probationary period without the right of appeal. At the close of the probationary period, as herein provided, said person shall acquire a permanent status under the conditions prescribed in the Oklahoma Personnel Act.

E. Every person initially appointed under the classified service as an agent of the Alcoholic Beverage Laws Enforcement Commission shall be appointed for a probationary period of one (1) year.

F. In working with appointing authorities in determining minimum qualifications for a position, the Director of the Office of Management and Enterprise Services shall require an appointing authority to justify in writing any reasons for excluding from consideration relevant public or private sector experience applicable to the position.

Added by Laws 1982, c. 338, § 20, eff. July 1, 1982. Amended by Laws 1983, c. 175, § 7, emerg. eff. June 7, 1983; Laws 1985, c. 46, § 7, emerg. eff. April 23, 1985; Laws 1986, c. 244, § 6, emerg. eff. June 12, 1986; Laws 1993, c. 83, § 2, emerg. eff. April 18, 1993. Amended by Laws 1994, c. 242, § 23. Renumbered from § 840.20 of this title by Laws 1994, c. 242, § 54. Amended by Laws 1995, c. 310, § 15, emerg. eff. June 5, 1995; Laws 1996, c. 3, § 21, emerg. eff. March 6, 1996; Laws 1996, c. 320, § 9, emerg. eff. June 12, 1996; Laws 1997, c. 286, § 5, eff. July 1, 1997; Laws 1998, c. 245, § 9, eff. July 1, 1998; Laws 1999, c. 1, § 36, emerg. eff. Feb. 24, 1999; Laws 1999, c. 410, § 16, eff. Nov. 1, 1999; Laws 2003, c. 453, § 2, eff. Nov. 1, 2003; Laws 2006, c. 6, § 1, emerg. eff. March 7, 2006; Laws 2012, c. 304, § 908.

NOTE: Laws 1985, c. 283, § 6 repealed by Laws 1986, c. 244, § 9, emerg. eff. June 12, 1986. Laws 1995, c. 309, § 1 repealed by Laws 1996, c. 3, § 25, emerg. eff. March 6, 1996. Laws 1998, c. 235, § 7 repealed by Laws 1999, c. 1, § 45, emerg. eff. Feb. 24, 1999.