SECTION 260:25-9-9. Disqualifications  


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  • (a)   Except as provided in 260:25-9-131, an Appointing Authority or the Administrator may permanently or temporarily refuse to certify, disqualify or remove a person's name from a register if:
    (1)   the person lacks any of the education, experience, or certification requirements for the job.
    (2)   the person lacks any other requirement established by Oklahoma statute or federal law for the job.
    (3)   the person fails any part of an Appointing Authority's background investigation.
    (4)   the person made a false statement of material fact in an application for employment or otherwise misrepresented himself or herself during the application process.
    (5)   the person has used or attempted to use political pressure or bribery to secure an advantage in the examination or appointment process.
    (6)   even with reasonable accommodation, the person is unable to perform the duties of the job or position(s) or is unable to do so without risk to himself or herself, the agency, or others, beyond that risk normally associated with such duties.
    (7)   the person has obtained information regarding examinations to which an applicant is not entitled, or the person has taken part in the development, administration, or correction of the examinations.
    (8)   the person is in possession of unauthorized materials or electronic device during an examination.
    (9)   the person has failed to submit an application correctly or within the prescribed time limits.
    (10)   the person has failed to maintain a record of current address at the Human Capital Management Division evidenced by the return of a letter by the U.S. Post Office, if properly addressed to the last address of record.
    (11)   the person has, within two (2) years prior to the date of certification, been discharged for delinquency, misconduct, absenteeism, inability to perform the same type job for which applying or other disciplinary reason or has resigned in lieu of such dismissal from any public or private employer. The Appointing Authority may extend the two (2) year restriction for good cause.
    (12)   the agency has exercised a selective qualification as established in 260:25-9-74.
    (13)   an individual is ineligible for employment due to citizenship or residence requirements as prescribed in 260:25-9-75.
    (14)   the person fails to reply to a request for an interview or fails to appear for a scheduled interview.
    (b)   The Administrator may remove or an Appointing Authority may request that the Administrator remove a person's name from all registers for a period of up to two (2) years from the date of an incident as described in (a)(4), (a)( 5), (a)(8), (a)(11), and (a)14.
    (c)   Action initiated by an Appointing Authority under (a) (1), (a) (7), and (a) (9) of this Section shall be subject to the approval of the Administrator. Any person who is disqualified shall be notified electronically. Applicants who have not provided an e-mail address shall be notified in writing of this action and the reason for it. At the appropriate time, the Administrator shall notify an individual of the right to appeal. The party initiating the action, whether the Administrator or an Appointing Authority, shall be independently responsible for justifying the action, for both the nature and accuracy of the supporting information, and for the retention of that information pending appeal of the action.
[Source: Added at 31 Ok Reg 1346, eff 9-12-14; Amended at 32 Ok Reg 1751, eff 9-11-15; Amended at 36 Ok Reg 1610, eff 9-13-19]