Section 2 AAC 07.112 - Loss of eligibility(a) In addition to any other provision of this chapter regarding disqualification, the director or an appointing authority may refuse to evaluate an application; may refuse to admit an applicant to an assessment; may, after assessment, refuse to consider the applicant for appointment; or may remove the applicant's name from any list of relative rankings, if that applicant(1) fails to follow all application instructions or submit an application correctly and within prescribed time limits;(2) is found to lack any of the preliminary or minimum requirements;(3) is not eligible to apply under the scope of recruitment identified for the vacancy;(4) after consideration, is determined to be unable to perform the essential functions of the position with or without a reasonable accommodation; or(5) fails to secure rehire rights provided in 2 AAC 07.235;(b) The director may temporarily or permanently exclude a person from submitting applications, refuse to evaluate an application submitted by a person, refuse to assess the applicant, or refuse to provide for a person to be considered for appointment for any of the reasons listed in (a) of this section or those who(1) fail to report for duty at the time and place prescribed by an appointing authority after accepting a job offer;(2) have received two or more unsatisfactory references and has been rejected by one or more appointing authorities;(3) make a false statement of material fact in the application;(4) use or attempt to use intimidation, political pressure, or bribery to secure an advantage in the assessment or appointment;(5) obtain confidential information regarding an assessment administered under this chapter;(6) engage in conduct prohibited under this chapter, under the State Personnel Act (AS 39.25), or under the Alaska Executive Branch Ethics Act (AS 39.52);(7) have been dismissed from public service for misconduct, unsatisfactory performance of duties, or other similar cause; or(8) have been nonretained from public service for misconduct or other similar cause.(c) The director or appointing authority taking an action under (a) or (b) of this section shall provide notice of the action to a disqualified applicant.(d) Nothing in this section shall be construed to prohibit an agreement to temporarily or permanently disqualify a person from employment as a term of settlement.Eff. 8/31/2000, Register 156; am 4/23/2004, Register 175; am 8/25/2005, Register 175; am 7/8/2006, Register 179Even though the amendment of 2 AAC 07.112 was effective 4/23/2004, it was not published until Register 175, Oct. 2005.
Effective Register 175, October 2005, the regulations attorney made a technical change to 2 AAC 07.112(a) (5) to reflect the adoption of 2 AAC 07.235.
Authority:AS 39.25.070
AS 39.25.140
AS 39.25.150