146                              Laws of Maryland                         Ch. 98

missioner] Secretary, Comptroller and Treasurer. Employees shall
assume the classification titles of their respective positions. 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.

17.

(A) Whenever a vacancy in any position in the classified service
is to be filled, the appointing authority shall make requisition upon the
[Commissioner] Secretary of Personnel for eligibles. The [Com-
missioner] Secretary shall thereupon certify to the appointing au-
thority 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. An appointing authority shall
not appoint a nonresident of the State from any list when there is
a resident of the State with the same or a better standing on the
list. An appointing officer who passes over a veteran eligible as
provided in Section 18 of this article and selects a nonveteran shall
file with the [State Commissioner] Secretary of Personnel a sub-
stantial 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 Com-
missioner] Secretary of Personnel is directed to determine the suffi-
ciency of such submitted reason and, if found insufficient, shall
require such appointing officer to submit more detailed information
in support thereof; if the reason so received be deemed insufficient
by the [State Commissioner] Secretary of Personnel, 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 representatives; in case there is no eligible list for the
class, the [Commissioner] Secretary shall forthwith call an exami-
nation, 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] Secretary shall repeat
such call and continue to hold examinations until an eligible list
results. If necessary to prevent the stoppage of public business, but
not otherwise, the [Commissioner] Secretary may authorize tem-
porary appointment as prescribed in Section 22 of this article.

(b)    The list of eligibles for each class of position in the classified
service shall be made up first of names and persons who have
previously held positions in such class and who were laid off in good
standing under Section 35 of this article, and then of names of
persons in the order of merit who have been examined by the
[Commissioner] Secretary and found qualified.

(c)    The [Commissioner] Secretary shall divide all classes of
positions into two groups known, respectively, as "active" and "in-
active," 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