2568 ARTICLE 64A

Any change in the duties of a position, if material, shall operate to abolish
it and create a new position which shall be classified under this section.

An. Code, 1924, sec. 8, 1920, ch. 41, sec. 8. 1939, ch. 673, sec. 8.

^! 9. Whenever a vacancy in any position in the classified service is to be
filled, the appointing authority shall make requisition upon the Commis-
sioner for eligibles. The Commissioner shall thereupon certify to the
appointing authority the names and addresses of the five persons standing
highest upon the eligible list for the class in which the position is found, or
if there, be less than five, then such name or names as may be on such
list, and said appointing authority shall appoint one of said persons so
certified to said position. That an appointing officer who passes over a
veteran eligible as provided in Section 10 of this Article, and selects a non-
veteran shall file with the State Employment Commissioner a substantial
reason for so doing, which shall become a part of the record of such
veteran eligible, and shall be made available upon request to the veteran or
his designated representatives; the State Employment Commissioner is
directed to determine the sufficiency of such submitted reason and, if
found insufficient, shall require such appointing officer to submit more de-
tailed information in support thereof; if the reason so received be deemed
insufficient by the State Employment Commissioner, then, he shall order
the employment of such veteran by such appointing officer, and a copy
thereof shall be sent to the veteran eligible or to his designated representa-
tive ; in case there is no eligible list for the class, the Commissioner shall
forthwith call an examination, and shall post the eligible list resulting
therefrom within sixty days from the time of holding said examination,
and in case no eligible list results, the Commissioner shall repeat such call
and continue to hold examinations until an eligible list results. If neces-
sary to prevent the stoppage of public business, but not otherwise, the
Commissioner may authorize temporary appointment as prescribed in
Section 12 of this Article.

The list of eligibles for each class of position in the classified service
shall be made up first of names of persons who have previously held posi-
tions in such class and who were laid off in good standing under Section 20
of this Article, and then of names of persons in the order of merit, who
have been examined by the Commissioner and found qualified.

The Commissioner shall divide all classes of positions into two groups
known, respectively, as "active" and "inactive", and shall by schedule,
made a part of his rules, indicate which classes fall into each group, and
shall revise such schedules annually. All classes in which at least three
vacancies are anticipated during the ensuing year shall be placed in the
active group and examinations for such classes shall be held whenever there
are fewer than five names left on the eligible list. All other classes shall
be placed in the inactive group, and examinations for such classes shall
be held only when there is no eligible list and vacancies occur.

An. Code, 1924, sec. 9. 1920, ch. 41, sec. 9. 1920, ch. 658. 1931, ch. 119. 1936 (Sp. Sess.),

ch. 16, 1939, ch. 673, sec. 9.

10. Examinations held by the Commissioner to establish lists of per-
sons eligible for appointment may be written or oral or in the form of a
demonstration of skill or any combination of these and shall be of a char-
acter fairly to test and determine the relative figures and ability of candi-