Section 389-6-4 - ELIGIBILITY TO COMPETE IN EXAMINATIONSA. Open Competitive Examinations 1. Competitive examinations for original appointment to classified positions in the state service shall be open to all applicants who are citizens of the United States, who are residents of Maine immediately preceding date of employment and who meet reasonable standards of requirements fixed by the Director of Human Resources with regard to experience, character, age, education, physical condition, and such other factors as may be held to relate to the ability of the candidates to perform with reasonable efficiency the duties of the position.2. No application shall be rejected solely because the applicant lacks educational qualifications, except where such educational qualifications are reflected in necessary registrations such as to practice law, medicine, or engineering, or where such educational requirements are set as standards by federal agencies making grants-in-aid or otherwise contributing to state programs.3. In the case of classes of positions requiring professional, technical, or unusual qualifications, eligibility for competitive examinations may be extended by the Director of Human Resources to non-residents who are citizens of the United States and otherwise qualified.B. Promotional Examinations Promotional examinations shall be open to all permanent or probationary employees or persons on layoff registers who meet the requirements described in the foregoing rule, and who are serving in or on layoff from the agency or other organizational unit for which the examination is being held.
C. Cause for Disqualification The Director of Human Resources may reject the application of any person for admission to an examination, or refuse to test any applicant, or refuse to certify the name of any eligible for employment who:
a. Has been found to lack any of the established qualifications for the position for which he/she applies or for which he/she has been tested;b. Has made false statement of any material fact or has practiced or attempted to practice deception or fraud in his/her application or-examination;c. Is medically or physically unfit to perform effectively the essential duties of the position, and documentation exists to support this claim;d. Has unsatisfactory record of employment, public or private, which provides a reasonable doubt as to the person's ability to perform satisfactorily the duties of the position, and documentation exists to support this claim; ore. Is otherwise in violation of Civil Service Law or these rules. 2. The Director of Human Resources may establish procedures concerning investigation of the character, reputation and experience/training of applicants, but shall take reasonable precaution as to the confidentiality of such investigation, and in addition shall seek and consider positively any evidence of rehabilitation of the person with respect to disqualifying evidence reported.3. Any determination of disqualification shall be reported in writing to the person, applicant, or eligible, together with a statement expressing a right to appeal such determination to the Director of Human Resources.