18- 389 C.M.R. ch. 6, § 1

Current through 2024-51, December 18, 2024

Section 389-6-1 - CHARACTER OF EXAMINATIONS

A. Competitive Examinations: Original Appointment

1. Job-Related Components

All competitive examinations for positions in the classified service shall relate to those matters which will fairly test the capacity and fitness of the persons examined to discharge efficiently the duties of the office or employment sought by them. Any means or measures may be used which are reasonably well calculated to test the fitness of candidates to become employees in positions of the class for which the examination is held. Such means or measures may include:

a. Any required statement or any investigation of education, experience, or record of accomplishment;

b. Any test of knowledge, skill capacity, intelligence, or aptitude; and

c. Any inquiry into the moral character, or any other quality or attribute which, in the judgment of the Director of Human Resources, seems desirable.

2. Non-Discrimination Guidelines

No test or question in any application or examination shall be constructed to call for or lead to disclosure of any information concerning any political, religious, fraternal, or racial affiliations, preferences, or opinions. Any disclosure thereof shall be discountenanced, and any such information which may nevertheless be revealed, shall be disregarded. The foregoing shall not, however, prevent inquiry as to whether the applicant, employee, or eligible advocates or is a member of an organization which advocates overthrow of or resistance to our form of government by force.

B. Competitive Examinations: Promotional Opportunity

The tests in any examination for promotion shall be of the like kind and character to the corresponding tests in any examination for original appointment to positions of the same class, and the same standards shall be applied to the rating thereof. In addition to other factors, promotional examinations shall take into consideration the quality and length of service.

C. Open Continuous Examinations

When necessary to meet continued requirements for filling positions and when there is not available a sufficient number of applicants for a class, the closing date for any examination may be indefinite and applicants may be examined continuously in such manner and at such times and places as the Director of Human Resources may provide. The closing date for any open continuous examination may be set at any time by the Director, but notice of this action shall be posted at least ten days prior to the effective date of the action.

D. Non-Competitive Examinations

1. For positions involving unskilled labor or domestic, attendant or custodial work, when the character or place of the work or other conditions of employment make it impracticable to supply the needs of service by adherence to the recruitment and examination provisions of this rule, the Director of Human Resources may adopt or authorize the use of such other procedures as determined to be appropriate in order to meet the needs of the service, while assuring the selection of such employees on the basis of merit and fitness.

2. Such procedures may include the examination of applicants singly or in groups, at periodic intervals, at the place of employment or elsewhere, after such notice as the Director of Human Resources considers adequate; the registration of applicants who pass a non-competitive examination or submit satisfactory evidence of their qualifications; or any variation or combination of the foregoing, or other suitable method. Examinations so given shall conform with and utilize such methods, forms, and techniques as the Director may require.

E. Alternative Examination Procedure

The Director of Human Resources may waive the established examination process to enable persons with severe disabilities to participate in the State of Maine's Special Appointment and Supported Employment Programs. In place of the established examination process, participants in the Special Appointment and Supported Employment Programs will be appointed to positions on an acting capacity basis for a trial employment period in accordance with the provisions and requirements of' Chapter 8, Section 6 of the Civil Service Rules.

18- 389 C.M.R. ch. 6, § 1