J. MILLARD TAWES, Governor                       433

FOR MORE THAN TWO YEARS, DATING FROM THE TIME
THAT SUCH LIST WAS FIRST ESTABLISHED. THE COMMIS-
SIONER SHALL NOT BE EMPOWERED TO REMOVE THE
NAME OF AN APPLICANT FROM THE LIST FOR ANY REA-
SON, EXCEPT IF THE APPLICANT IS NO LONGER AVAIL-
ABLE, OR FOR WILFUL MISREPRESENTATION OF A MA-
TERIAL FACT MADE IN ANY APPLICATION FOR EXAMINA-
TION TO ESTABLISH THE ELIGIBLE LIST, OR FOR CONVIC-
TION OF ANY CRIME SUBSEQUENT TO ELIGIBILITY
HAVING BEEN ESTABLISHED. THE ELIGIBILITY LISTS
SHALL AT ALL TIMES BE OPEN TO THE INSPECTION OF
THE PUBLIC, AND THE EXAMINATION PAPERS AND OTHER
MATERIAL USED IN DETERMINING AN APPLICANT'S
ELIGIBILITY SHALL BE OPEN TO INSPECTION OF THE COM-
MISSIONER (OR HIS DESIGNATED REPRESENTATIVE) OR
THE APPLICANT.

(C) PROMOTIONAL APPOINTMENTS. THOSE APPLI-
CANTS FOR PROMOTIONAL APPOINTMENTS WITHIN THE
DEPARTMENT WHO POSSESS THE MINIMUM QUALIFICA-
TIONS AND MEET THE OTHER ELIGIBILITY CRITERIA
ESTABLISHED BY THE COMMISSIONER AFTER CONSUL-
TATION WITH THE EXAMINING AUTHORITY, AS DETER-
MINED BY THE TESTS AND PROCEDURES ADMINISTERED
PURSUANT TO SUBSECTION (A) SHALL BE INCLUDED ON
AN ELIGIBLE LIST PREPARED BY THE EXAMINING AU-
THORITY SETTING FORTH THE NAMES OF THE SUCCESS-
FUL APPLICANTS LISTED IN ORDER FROM THE HIGHEST
TO LOWEST QUALIFYING SCORE. WHEN MAKING A PRO-
MOTIONAL APPOINTMENT WITHIN THE DEPARTMENT,
THE COMMISSIONER SHALL BE REQUIRED TO MAKE SUCH
APPOINTMENT FROM THOSE APPLICANTS WHO PLACE
WITHIN THE TOP OR HIGHEST FIVE POSITIONS ON THE
ELIGIBLE LIST. WHEN AN APPLICANT IS SO APPOINTED,
THE COMMISSIONER SHALL BE REQUIRED TO FILL THE
NEXT VACANCY IN THE DEPARTMENT, IF ANY, FROM A
LIST OF APPLICANTS COMPOSED OF THE REMAINING AND
AVAILABLE FOUR HIGHEST CANDIDATES ON SUCH LIST,
PLUS THE NEXT OR SIXTH HIGHEST SCORING AVAILABLE
APPLICANT APPEARING ON THE ELIGIBLE LIST. THE
PROCEDURE HEREIN ESTABLISHED FOR PROMOTIONAL
APPOINTMENT WITHIN THE DEPARTMENT SHALL BE
KNOWN AND DESIGNATED AS THE "RULE OF FIVE" AND
ALL SUBSEQUENT PROMOTIONAL APPOINTMENTS SHALL
BE MADE ONLY IN ACCORDANCE WITH THIS PROCEDURE
UNTIL THE ELIGIBLE LIST IS EXHAUSTED BY SUCH AP-
POINTMENTS. NO SUCH LIST, OR WHERE THE LIST CON-
SISTS OF A COMBINATION OF MORE THAN ONE ELIGIBLE
LIST, NO PART OF SUCH LIST, SHALL CONTINUE IN FORCE
FOR LONGER THAN ONE YEAR, UNLESS EXTENDED UPON
REQUEST OF THE COMMISSIONER BY THE EXAMINING AU-
THORITY, BUT IN NO EVENT FOR MORE THAN TWO YEARS,
DATING FROM THE TIME THAT SUCH LIST WAS FIRST ES-
TABLISHED. THE COMMISSIONER SHALL NOT BE EMPOW-
ERED TO REMOVE THE NAME OF AN APPLICANT FROM THE
LIST FOR ANY REASON, EXCEPT IF THE APPLICANT IS NO
LONGER AVAILABLE. THE ELIGIBILITY LISTS SHALL AT