8.10 Restricted Appointment.

(a) A restricted appointment, which is a temporary appointment or combination of appointments not to exceed a cumulative total of six months in a calendar year for any person, may be made by the appointing authority provided:

(b) REPEAL

(d) An appointing authority may terminate a restricted appointment at any time.

8.10.01 Temporary Staffing Services Employee

(a) When work is required to be performed on a temporary basis and it is clearly evident that the work is essential to the efficiency of the agency, a temporary staffing services employee may be used, provided:

(1) Approval has been received from the appointing authority; and

(2) He/she shall be used only for the following: a) to replace an employee on leave, b) to fill a vacancy pending filling the position in a regular manner, or c) to address an emergency or work overload situation of short duration.

(3) The employment of any one individual in this category shall not extend beyond 680 work hours in a twelve-month period.

(4) The appointing authority shall maintain a tracking document of usage of individuals in this category which is certified by the appointing authority to prevent violation of Rule 8.10.01 and which is readily available for Civil Service audit as requested.

(b) Individual temporary staffing services employees may be used for any length of time up to 680 work hours in a twelve-month period; however, the Director or appointing authority may limit the duration of or cancel the usage of a temporary staffing services employee at any time.

(c) An extension over 680 work hours in a twelve-month period for an individual temporary staffing services employee shall not be allowed. If the appointing authority determines that a situation exists which requires the usage of temporary staffing services employees extending beyond the 680 work hours limit within a twelve-month period, other replacement individuals may be solicited from the temporary staffing services firm(s) on state contract.

(d) REPEAL

(e) The Director may withdraw an agency's authority to make use of temporary staffing services employees. Willful abuse or misuse of temporary staffing services employees may subject offenders to financial liabilities as provided in Rule 2.9.

8.10.1 Probationary Appointment.

(a) When a vacancy in a continuing position is filled by the original appointment of an eligible from a list certified by the Director or by the original appointment of a qualified person to a position in a class designated as noncompetitive under the provisions of Rule 7.20, such appointment shall be for a probationary period in accordance with Chapter 9 of these Rules.

(b) The Commission may designate jobs at the supervisory, managerial or administrative levels which, when filled in a permanent manner, shall be filled by probational appointment only.

8.11 Provisional Appointment.

When a vacancy is to be filled in a position for which there are fewer than five eligibles on the appropriate list of eligibles available for appointment, the Director may authorize the appointing authority to make a provisional appointment of any person who possesses the qualifications specified in the appropriate standard as requirements for admission to the examination.

(a) A provisional appointment may be made at any time within three (3) months of the issue date of a certificate, provided the complete list of eligibles was issued on the certificate.

8.12 Termination of Provisional Appointment.

A provisional appointment shall terminate six (6) months after its effective date; or will convert to probational as soon as the person appointed takes and passes the appropriate examination with a score high enough to rank within the top five grade groups on the original certificate from which he was appointed provisionally.

(a) The conversion of a provisional appointment to a probational appointment is not retroactive; the probational appointment begins with the effective date of the score issued from testing.

(b) No applicant hired to a provisional appointment is eligible for another provisional appointment for a period of one year from the termination of the previous provisional appointment.

(c) The appointing agency is responsible for providing the terms and conditions of the temporary provisional appointment to the applicant; and both the agency and applicant are jointly accountable for having the applicant tested.

8.13 Cancellation of Eligibility for Appointment.

(a) The Director may cancel the employment eligibility of any applicant, or of any employee serving with other than permanent status following certification or employment if

1. His employment in the classified service would be prohibited by law; or

2. His conduct has been infamous or disgraceful or if he

3. Is found to lack any of the qualifications prescribed as requirements for admission to the tests for the class for which he has applied or been examined or to which he has been appointed; or

4. Is physically unfit to effectively perform the duties of a position of the class; or

5. Is addicted to the habitual use of drugs or intoxicating liquors to excess; or

6. Has been adjudged guilty by a court of competent jurisdiction of a crime involving moral turpitude; or

7. Has been dismissed from the public service for delinquency or misconduct or has been permitted to resign in lieu thereof; or

8. Has made a false statement of any material fact or has practiced or attempted to practice deception or fraud in his application or examination or otherwise in securing or attempting to secure eligibility for appointment for either himself or others; or

9. Has been scheduled by the Director to compete in the examination for which he has made application and been so notified, and has failed to report for and compete in such examination.

(b) An applicant whose employment eligibility has been cancelled under this Rule shall be notified promptly by the Director.

(c) Having cancelled the employment eligibility of an employee in accordance with the provisions of this Rule, the Director shall so notify the employee and his appointing authority, and his appointing authority shall terminate his employment forthwith.

8.14 Job Appointment

For rational business reasons, an appointing authority may request a longer term job appointment. The Commission may approve such requests or delegate approval authority to the Director.

An agency shall maintain written justification stating the reason for the job appointment, as well as justification for any extension requested and a copy of the approval. This rule is subject to Rules 17.16(b)4 and 17.26 concerning layoff-related job appointments.

(b) REPEAL

(c) Job appointments may be made:

1. In accordance with Rule 8.4(d) [range of eligible scores];

2. In accordance with Rule 8.9 [five highest grade groups];

3. On the basis of Rule 7.20 [non-competitive classes];

4. On the basis of Rule 8.18(a) [non-competitive reemployment eligibility];

5. In the absence of five available eligibles on an appropriate list, the Director may authorize the appointment of any person who possesses the qualifications as stated on the official specification for that job.

(d) REPEAL AND REENACT IN RULE 8.14(c)

(f) An appointing authority may terminate a job appointment at any time.

(g) The Commission or Director may, at any time, cancel a job appointment and/or withdraw an agency’s authority to make such appointments.