TITLE 1 GENERAL GOVERNMENT ADMINISTRATION
CHAPTER 7 STATE PERSONNEL ADMINISTRATION
PART 5 RECRUITMENT, ASSESSMENT, SELECTION
1.7.5.1 ISSUING
AGENCY: State Personnel
Board.
[1.7.5.1 NMAC - Rp,
1 NMAC 7.5.1, 07/07/01]
1.7.5.2 SCOPE: All state agencies in the classified service.
[1.7.5.2 NMAC - Rp,
1 NMAC 7.5.2, 07/07/01]
1.7.5.3 STATUTORY
AUTHORITY: NMSA 1978,
Sections 10-9-10(A), 10-9-12(A), 10-9-13 (C), 10-9-13(F), 10-9-13(I),
10-9-13.2, 10-9-18(B), 10-9-22, 10-9-23; NMSA 1978, Section 20-4-9; NMSA 1978,
Sections 24-2B-1 to 24-2B-8; NMSA 1978, Sections 28-2-1 to 28-2-6, 28-10-12.
[1.7.5.3 NMAC - Rp,
1 NMAC 7.5.3, 07/07/01; A, 11/14/02]
1.7.5.4 DURATION: Permanent.
[1.7.5.4 NMAC - Rp,
1 NMAC 7.5.4, 07/07/01]
1.7.5.5 EFFECTIVE
DATE: 07/07/01 unless a
later date is cited at the end of a section.
[1.7.5.5 NMAC - Rp, 1 NMAC 7.5.5, 07/07/01]
1.7.5.6 OBJECTIVE: The objective of Part 5 of Chapter 7 is: to
provide a system for the recruitment, examination and selection of applicants
for employment in the classified service.
[1.7.5.6 NMAC - Rp,
1 NMAC 7.5.6, 07/07/01; A, 11/14/02]
1.7.5.7 DEFINITIONS: “Open for recruitment” means soliciting
applications from the general public and state employees for vacant positions.
[1.7.5.7 NMAC - Rp,
1 NMAC 7.5.7, 07/07/01]
1.7.5.8 VACANT
POSITIONS:
A. All
vacant positions to be filled shall be open for recruitment unless otherwise
authorized by the director or provided for in these rules.
B. Positions
in the classified service shall be filled at the assigned classification. An
underfill may be approved by the director. An authorized underfill may not
exceed one year unless extended by the director.
C. The
director may approve a position to be doublefilled for up to one year.
D. Agencies
may allow part-time employees to share the same position.
[1.7.5.8 NMAC - Rp,
1 NMAC 7.5.8, 07/07/01; A, 7-15-05]
1.7.5.9 RECRUITMENT:
A. The
director shall establish a means to effectively advertise and recruit for
vacant positions within the classified service.
B. Any
qualified applicant shall have the opportunity to compete for vacant positions
open for recruitment without regard to race, color, religion, national origin,
ancestry, sex, sexual orientation, age, or mental or physical disability unless
based on a bona fide occupational requirement.
C. Agencies
shall be sensitive to creating diversity in the workplace.
D. Applications
shall be filed in accordance with the director-established recruitment
criteria, received within the prescribed time limits and be for positions open
for recruitment.
[1.7.5.9 NMAC - Rp,
1 NMAC 7.5.9, 07/07/01; A, 11/14/02; A, 7-15-05]
1.7.5.10 APPLICATIONS:
A. The
director shall establish application procedures which include, among other
things, criteria that will ensure compliance with federal and/or state
law. Information on gender, ethnicity,
and age of applicants shall be utilized only for affirmative action and other
non-discriminatory purposes.
B. The
director shall reject an application and not accept any application from the
applicant if the applicant:
(1) has made any false
statement or produced any false document in support of the application; or
(2) has directly or indirectly given, paid,
offered, solicited, or accepted any money or other valuable consideration or
secured or furnished any special or secret information for the purpose of
affecting the rights or prospects of any person with respect to employment in
the classified service.
C. In
the event an application of an employee is rejected, under the provisions of Subsection
B of 1.7.5.10 NMAC, the applicant’s employing agency shall take
appropriate action and notify the director.
D. An
applicant whose application has been rejected may appeal to the board in
accordance with the procedures established by the director.
[1.7.5.10 NMAC - Rp,
1 NMAC 7.5.10, 07/07/01; A, 11/14/02; A/E, 5/19/10; Re-pr, 7/30/10]
1.7.5.11 EXAMINATION:
A. Security:
(1) The director shall maintain the
security of all examinations.
(2) Examinations shall be developed by the
office in accordance with established professional techniques and relevant
federal laws, regulations, and guidelines. Examinations shall measure critical
or important knowledge, skills, and abilities necessary for successful job
performance.
(3)
Except as provided in Paragraph (4) of Subsection A of 1.7.5.11 NMAC no
agency shall administer any examination to an applicant or employee without the
examination and the examination administration having been approved by the
director unless otherwise authorized by statute.
(4) An agency may request a description
or demonstration of the skill or ability needed to perform an essential job
function in accordance with the Americans
with Disabilities Act of 1990 (42 U.S.C. Section 12101 Note 29C.F.R. Part
1630.14(a) Pre-employment inquiry).
B. Exemptions from Examinations:
(1) The director shall exempt from
examinations those applicants who possess recognized licensure, registration,
or certification by the state of New Mexico and who are applying for positions
in the classified service that require such licensure, registration, or
certification.
(2) The director shall
exempt from examinations applicants who, in the course of their duties:
(a)
develop, administer, or otherwise have access to such examinations; or
(b)
formerly developed or administered such examinations within a period of
one year from separating from the office.
C. Administration of Examinations: In accordance with the provisions of NMSA 1978, Section 10-9-12(F), the
director shall supervise all examinations and establish procedures for their
administration.
D. Preference Points:
(1) In accordance with the provisions
of NMSA 1978, Section 10-9-13.2 and NMSA
1978, Section 20-4-9, veterans honorably discharged from the United States
armed forces and applicants currently serving in the national guard shall have
five points added to their final passing numerical scores on examinations. Veterans honorably discharged from the United
States armed forces with a service-connected disability shall have 10 points
added to their final passing numerical scores on examinations. A veteran with or without a service-connected
disability has his/her name placed on the employment list in accordance with
numerical rating of other veterans and non-veterans.
(2) In
accordance with the provisions of NMSA
1978, Section 10-9-13, applicants who pass the examination shall have two
preference points added for each year of residency in New Mexico, not to exceed
10 points.
[1.7.5.11 NMAC - Rp,
1 NMAC 7.5.11, 07/07/01; A, 11/14/02; A, 7-15-05]
1.7.5.12 SELECTION:
A. In
accordance with the purpose of the Personnel
Act NMSA, Section 10-9-2, selection shall be based solely on qualification
and ability. Selection for any
appointment to positions in the classified service shall be justified in
writing and made from employment lists.
B. All employers
subject to the Criminal Offender
Employment Act [NMSA 1978, Sections 28-2-1 to 28-2-6] may take into
consideration a conviction, but the conviction will not operate as an automatic
bar to obtaining public employment. Employer may only take into consideration a
conviction after the applicant has been selected as a finalist for the
position.
C. Agencies
shall develop policies governing their use of the employment lists; such
policies shall be submitted to the director for approval.
D. Agencies
shall be sensitive to creating diversity in the workplace.
E. Employment
lists shall include names of ranked candidates who have made application and
met the established requirements plus any candidates certified by the New
Mexico department of education, division of vocational rehabilitation, the
commission for the deaf and hard of hearing, or the commission for the blind,
in accordance with the provisions of NMSA
1978, Section 28-10-12.
(1) The director shall certify the
names of former employees who are currently receiving temporary total or
permanent partial workers’ compensation benefits, resultant from an injury
sustained while employed in the classified service and who apply for a position
in accordance with the provisions of 1.7.10.12 NMAC.
(2) The director shall certify only the
name(s) of former employees who are currently eligible for reemployment from a
reduction in force per 1.7.10.10 NMAC.
F. Temporary promotions: Employees may be temporarily promoted for a
period not to exceed 12 months to a temporarily or effectively vacant position
for which the agency certifies that the employee holds qualifications and abilities necessary for
successful job performance. At the end
of the temporary promotion period, employees shall return to their former
position without right of appeal.
G. Intra-agency transfers: An agency may transfer an employee without
the employee’s consent to a position in the same classification within the same
geographic location, which is 35 miles from the boundaries of the community in
which the employee is employed or if the established requirements state that
willingness to accept a change of geographic location is a condition of
employment.
H. Exempt to career appointments: Employment in the exempt service shall not
count towards the probationary period required by Subsection A of
1.7.2.8 NMAC.
I. Emergency appointments: Emergency appointments shall be made in
accordance with 1.7.2.12 NMAC.
J. Reduction: Employees may request a classification
reduction to a position for which the agency certifies that the employee holds
qualifications and abilities necessary for successful job performance.
K. Physical examinations: Agencies may require physical examinations
of candidates who have been selected for appointment contingent upon their
meeting the prescribed physical health standards. The costs of such physical examinations shall
be borne by the agency.
L. Human immunodeficiency virus-related
(AIDS) test: No agency shall
require a candidate or employee to take the human immunodeficiency
virus-related (AIDS) test or disclose the results of same test as a condition
of selection, promotion or continued employment unless the absence of human
immunodeficiency virus infection is a bona fide occupational qualification for
the job in question. Agencies must
adhere to the provisions of the Human
Immunodeficiency Virus Test Act NMSA 1978 Sections 24-2B-1 to 24-2B-8 Cum. Supp.
1993).
[1.7.5.12 NMAC - Rp,
1 NMAC 7.5.12, 07/07/01; A, 11/14/02; A, 7-15-05; A/E, 5-19-10; Re-pr, 7/30/10]
HISTORY OF 1.7.5 NMAC:
Pre-NMAC History:
Material in this
part was derived from that previously filed with the commission of public
records - state records center and archives as:
SPB Rule 4,
Applications and Tests, filed 05-22-80;
SPB Rule 4,
Applications and Tests, filed 06-03-81;
SPB Rule 4,
Applications and Tests, filed 10-21-82;
SPB Rule 4,
Applications and Tests, filed 06-28-83;
SPB Rule 4,
Applications and Tests, filed 10-17-86;
SPB-4, Tests, filed
04-04-90;
SPB-4, Tests, filed
10-19-90;
SPB 7, Recruitment,
Applications, Tests, filed 12-15-92;
SPB 7, Recruitment,
Applications, Tests, filed 03-18-94.
History of Repealed Material:
1 NMAC 7.5, Pay, filed 06-13-97.
Other History:
1 NMAC 7.6, Recruitment,
Applications, Tests, filed 01-12-96 replaced SPB 7, filed 03-18-94;
1 NMAC 7.6, Recruitment,
Applications, Tests, filed 05-02-96;
1 NMAC 7.5,
Recruitment, Applications, Selection, filed 06-13-97 replaced 1 NMAC 7.6, filed
05-02-96;
1 NMAC 7.5, Recruitment,
Assessment, Selection, filed 06-13-97 replaced
by 1.7.5 NMAC, Recruitment,
Assessment, Selection, effective 07/07/01.