101 KAR 2:046. Applications, qualifications and examinations.


      RELATES TO: KRS 18A.030(2), 18A.032, 18A.110(1)(a), (7)(c), 18A.120, 18A.150

      STATUTORY AUTHORITY: KRS 18A.030(2), 18A.110(1)(a), (7)(c)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 18A.110(1)(a) and (7)(c) requires the Secretary of Personnel to promulgate administrative regulations which govern open competitive exams to determine the relative fitness of applicants and for the rejection of candidates or eligibles who fail to meet reasonable requirements of the secretary. This administrative regulation establishes the application and examination requirements.


      Section 1. Notices of Examinations. (1) An examination for entrance to the classified service shall be conducted on an open-competitive basis.

      (2) The recruitment program shall:

      (a) Accept an Application for Employment; and

      (b) Hold an examination whenever and wherever the secretary reasonably determines it to be in the best interests of the Merit System.

      (3) Eligibles shall be listed in rank order upon certification of a register based on their highest valid scores.

      (4) The public notice of examination required by KRS 18A.110(7)(c) shall specify:

      (a) The title and minimum salary of the job classification;

      (b) The minimum qualifications required;

      (c) The opening date on which an application will be received for placement of the applicant on the register; and

      (d) All other pertinent information and requirements.


      Section 2. Minimum Qualifications for Filing Applications. An open-competitive examination shall be available to each applicant who meets the minimum requirements determined by the secretary with regard to:

      (1) Education;

      (2) Experience;

      (3) Training;

      (4) Licensure;

      (5) Certification; or

      (6) Other factors that relate to the ability of the candidate to perform the essential functions of the position with reasonable efficiency.


      Section 3. Filing Applications. (1) An Application for Employment shall be electronically submitted.

      (2) An application shall require information concerning:

      (a) Personal characteristics;

      (b) Education;

      (c) Experience;

      (d) References; and

      (e) Other pertinent information.

      (3) An application shall be signed by the applicant personally or by electronic means. The truth of the statements contained in the application shall be certified by the applicant's signature.

      (4) An applicant shall:

      (a) Meet the minimum qualifications established in the job class specification as to education and experience; and

      (b) Not be guaranteed a passing grade by admission to an examination.

      (5) For a job classification for which there is to be continuous recruitment, a statement shall be included in the announcement to the effect that an application shall be received until further notice.


      Section 4. Advance Examinations. (1) If an applicant does not meet the minimum requirements as to education at the time of application, but will meet these requirements as a result of the completion of currently scheduled educational work within three (3) months following the date of receipt of the application, the applicant shall be allowed to take the examination.

      (2) An applicant taking the examination under subsection (1) of this section shall be eligible to apply for a specific vacancy announcement up to thirty (30) calendar days prior to completing the educational requirements.


      Section 5. Character of Examinations. An examination shall:

      (1) Be practical in nature;

      (2) Be constructed to reveal the capacity of the candidate for the particular job classification for which the applicant is competing;

      (3) Consider the applicant's general background and related knowledge; and

      (4) Be rated impartially.


      Section 6. Conduct of Examinations. (1) An examination shall be conducted in as many places in the Commonwealth as are found convenient for applicants and practicable for administration.

      (2) Reasonable accommodation in testing shall be provided upon timely request and receipt of verification of need.

      (3) The secretary may:

      (a) Designate monitors in various parts of the Commonwealth to conduct an examination under instructions prescribed by the secretary;

      (b) Provide for the compensation of the monitors; and

      (c) Make arrangements for the use of a public building in which to conduct an examination.

      (4) Retest procedures. For open continuous testing, an applicant shall not:

      (a) Be admitted to the same exam or its alternate more than two (2) times within a regular workweek; or

      (b) Take the same exam or its alternate more than twelve (12) times in a twelve (12) month period beginning with the original date the test is taken.


      Section 7. Rating Examinations. (1) The secretary shall determine the rating or standing of an applicant on the register for each examination at the time of certification of a register.

      (2) The secretary shall determine the passing score of each examination.

      (3) All applicants for the same job classification shall be accorded uniform and equal treatment in all phases of the examination procedure.


      Section 8. Rating Education and Experience. (1) If the selection method is rating of education and experience, the secretary shall determine a procedure for the evaluation of the education and experience qualifications of an applicant.

      (2) The formula used in appraisal shall give due regard to recency and quality as well as quantity of experience and the pertinence of the education.

      (3) The secretary shall investigate the candidate's educational documentation.

      (4) The secretary shall investigate the candidate's work history.

      (5) If the results of this investigation disclose information affecting the rating of education and experience, the secretary shall:

      (a) Rate the candidate accordingly;

      (b) Make the necessary revision of the rating; and

      (c) Notify the candidate.

      (6) The secretary shall determine the selection method for a qualifying job classification based upon the knowledge, skills, and abilities necessary for the job classification.

      (a) The secretary shall notify the Personnel Board of the job classification and the minimum requirements for a qualifying selection method.

      (b) The secretary shall maintain for public review a list of those job classifications which are qualifying along with the minimum requirements for each job classification.


      Section 9. Notice of Examination Results. (1) Each applicant shall be notified of the examination score as soon as the rating of the examination has been completed.

      (2) An eligible shall be entitled to information concerning his or her relative position on the register upon request and presentation of proper identification.


      Section 10. Adjustment of Errors. (1) The secretary shall correct a clerical error in the rating of an examination, if the error is called to the attention of the secretary within thirty (30) days after receipt of the notice of examination results. Further, the secretary may correct an application submission error, if the error is called to the attention of the secretary within thirty (30) days of the issuance of a register certificate.

      (2) A correction shall not invalidate a certification and appointment previously made.


      Section 11. Examination Records. The secretary shall maintain all records pertinent to an application or examination for a period of three (3) years.


      Section 12. Incorporation by Reference. (1) "Application for Employment", May 2015, is incorporated by reference.

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Personnel Cabinet, 501 High Street, Third Floor, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. (18 Ky.R. 3551; Am. 19 Ky.R. 389; eff. 8-1-1992; 26 Ky.R. 91; 525; eff. 8-25-1999; 33 Ky.R. 4195; 34 Ky.R. 223; eff. 8-31-2007; 38 Ky.R. 643; 891; eff. 11-16-2011; 42 Ky.R. 83; 662; eff. 10-2-2015.)