S.D. Admin. R. 55:10:02:05

Current through Register Vol. 51, page 67, December 16, 2024

Section 55:10:02:05 - Removal from selection process

At any point in the selection process the commissioner may remove the name of a person from consideration for a position or from one or more classifications for up to four years for just cause as reported to the commissioner, including the following just causes listed in the section:

(1) The person does not meet the minimum requirements for the position;

(2) The person has made false or misleading statements or intentionally omitted relevant information during the selection process;

(3) The person has directly or indirectly gained or attempted to gain an unfair advantage in the selection process;

(4) The person was dismissed from previous employment for any of the causes listed in § 55:10:05:03, 55:10:07:02, or 55:10:07:04;

(5) The person has been found unacceptable as a result of a prior or current preemployment screening conducted by the appointing authority, the Bureau of Human Resources, or their authorized representatives;

(6) The person has failed to appear or arrange for an interview, has not responded to correspondence or telephone inquiries, cannot be located, or has requested to be removed from consideration for the position;

(7) The person has been passed over or has declined an offer of employment for the same or similar class with the same appointing authority within the past two years;

(8) The person has willfully violated the provisions of this article; or

(9) The person is unable to perform the essential functions of the position.

Removal from the selection process may only be appealed pursuant to § 55:10:08:01.

S.D. Admin. R. 55:10:02:05

39 SDR 99, effective 12/3/2012.

General Authority: SDCL 3-6D-7.

Law Implemented: SDCL 3-6D-7, 3-6D-8.