Section 95.8. Qualifying examinations

(a) Application. The Director, after consultation with the appointing authority, and with the approval of the Commission, will determine whether qualifying examinations are appropriate and whether they will be competitive or noncompetitive. Qualifying examinations may be administered to incumbents whose positions have been placed in the classified service by proper authority such as the following:

(1) A reorganization of one or more agencies, as approved by the Executive Board, which places positions into agencies covered by the act.

(2) A reclassification of a position in a noncivil service classification to a civil service covered classification.

(3) Action by the General Assembly which results in the placement of a position into the classified service, but is silent on the status of the incumbent.

(4) Action of the Federal Government which requires placement of a position into the classified service to assure continued eligibility for Federal funding.

(b) Types of qualifying examinations. Qualifying examinations are competitive or noncompetitive examinations for the purpose of qualifying employes for probationary or regular classified service status.

(1) Competitive.

(i) Incumbents shall score high enough on the employment list to be appointable under section 602 of the act (71 P. S. § 741.602).

(ii) Incumbents who are appointed under subparagraph (i) shall serve a probationary period as specified in section 603 of the act (71 P. S. § 741.603).

(iii) Incumbents who refuse to take or are unsuccessful on the examination, or who are not appointable under section 602 of the act, shall be promptly removed from their positions.

(2) Noncompetitive.

(i) Incumbents shall attain a passing score on the examination.

(ii) Incumbents who attain a passing grade and who have occupied their positions for a period of time at least equal to the probationary period required for their positions shall be granted regular status.

(iii) Incumbents who attain a passing grade and who have occupied their positions for a period of time less than the probationary period required for their positions shall be granted probationary status, with probationary service credit commensurate with time already served.

(iv) Incumbents who refuse to take or do not attain a passing grade on the examination shall be promptly removed from their positions.

The provisions of this § 95.8 adopted October 18, 1961; amended October 15, 1964 and April 16, 1970; amended March 29, 1985, effective March 30, 1985, 15 Pa.B. 1151; amended November 15, 1991, effective November 16, 1991, 21 Pa.B. 5334. Immediately preceding text appears at serial pages (138172) to (138173).